Jurisdiction of court is like that of
constructor of a building which has either perfection or many defects. The
final word of posterity is dependent upon the skill and calibre of builder who
may heartily desire to build up it like expert builders with architectonic
virtues to amend or/and add some material both by method and uniformity and if
the structure itself does not found ventilation for the want of windows and
lake of sufficient light or other deficiency in the architecture, whatsoever,
then to demolish the existing structure, only than we may blessed the amending
hand as if the trumpet idea gives an uncertain sound who shall prepare himself
to the battle? Likewise justice should
speak by tongue, word easy to understood, otherwise how a common man will
understand and know what is spoken, if the justice shall be spoken into the
air? There should not be such short sentences as we may forget the use of verbs
which may reconcile the idea into action.
“The play is done : the curtain drops slow
falling to the prompter’s bell. A moment yet the actor stops and looks around,
to say farewell. The approving audience gives him cheer. He bows to them and
says his say. Yet down his cheek there falls a tear from him. This is the ending
of his days.”
Fragrances are more hypnotic, music more
inspiring , food tastes better and the sense of touch is more intense. This is
all because of human Aura, which is extending an outlining the head and body
through spiritual cult in the form of twinkle
blue, pale or gold and glitters through etheric world. The physical vision is
usually peripheral with the third eye located as pineal gland. This is known as
holo, which passes through legend, but gradually earthlings have lost the
ability to see the Aura, the etheric or a holo except the few person, who have
retain the gift in their present incarnation. This is of vital importance to
the individual’s health, happiness and spiritual involvement. The esortic
wisdom begins with the understanding of real existence. You can be able to see
the etheric or human Aura and then your subconscious will pack up the message
for uplifting you to the higher self by using the crowded elevator. This
overlapping and mixing of etheric self with crowded elevator creates tension
and uneasiness except few extravagant personality. Every person in the world
need a space. There are electromagnetic charged atmosphere, which may be washed
out by taking a bath through shower. As those magnetic pits which may be picked
up from others be washed off. Some of the animals have better sense of
understanding the effect of Aura, etheric and spiritual carving of individual
through there perceptions.
I Yogesh Saxena Yogesh Saxena Yogesh Saxena thrice in three Facebook Salutes You for the services you rendered to the people having the vision before the physically handicapped Blind people, who are craving to get the streets light repaired as the people having the eyes may not fall upon them. Concentrate all your thoughts upon the work at hand. The sun's rays do not burn until brought to a focus.” This has provoked me in my conscience. I will like to share this Idea as I may also render my services to the Calling Nation. I Proudly An Arya , who never begged before any one in my life, but i will reveal some secret of life. Advocate practicing in the different High Courts and Supreme Court seldom interacts as to why; I have not been designated as Senior Advocate By Allahabad High Court. Every Advocate after sitting in the same Court in the different High Courts Room, in which my arguments before the courts are conducted and even before the full court Bench of Allahabad High Court Itself by the recently enrolled Advocates or in some other Courts Including in Supreme Courts, where the matter are heard, they exclaimed out rightly that this is the Insult of Allahabad High Court, not to get you designated as A senior Advocate. From the time of Late Babu Sri Jagdish Swaroop, Ex Additional Solicitor General, Late Sri S. N. Mishra, Sri V.C. Mishra, Late Sri Anand Dev Giri Solicitor General of India, Sri N. C. Rajvanshi, Sri Murlidhar, Sri Chotey Lal Pandey, Sri U.N. Sharma all senior Advocates and all Presidents of Allahabad High Court , Sri Shanti Swaroop Bhatnagar, Advocate General of U.P., Many designated senior Advocates Practicing at Lucknow Bench including senior judges intercepting me during the course of the arguments, But I avoided to submit the reply.
ReplyDeleteThus, after promulgation of the constitution as the reproduction of the government of India act 1945 when the partition of India was not taken place, and the importing of all such acts prevalent during the British domination have been undertaken as that of the enactments wherein the Indian independence act 1947 had created two dominions namely the India and Pakistan under the British India. The enactment of the Defense of India Act declaring Germany as the enemy state is still in existence while the Custodian General of India Act remained intact the property left by the Muslims who migrated to Pakistan especially for the purposes of declaring that the custody given to Government of India after migration of the relatives to Pakistan cannot remain under the Government of India and it has to be restored back to the relatives who remain in India after the partition. In this manner those persons who left their property in Pakistan, their entire property was vested to the State of Pakistan while the property remained in India has been given back to the Pakistanis. The other factor in respect of the status of minority given to the Muslims in India as compared to the Hindus living in Pakistan has to be seen from the angle that there is no voting right vested to them nor they can defend themselves inside the Court of Law without seeking the permission from the authorities. A Hindu cannot sell his property to Hindu and it has to be sold to the Muslim on whatever the cost is offered to them by the mercy of the purchaser. About 6 crores of Muslims have been allowed to migrate from Bangladesh on the pretext raised by the ruling parties that they were the citizens of united India and have their right to join their parent state. The Hindus from Pakistan have been denied such right even after declaring that they will kill themselves but not return back to Pakistan. What happened to the Kashmiri Pundits who are living in the refugee’s camps even after declaration of the Kashmir valley as the separate identity from the Government of India? Why the Hajj subsidy of Rs. 96,000/ - is granted to the Muslims for visiting Mecca while Rs.25000/- as the tax being realized from the pilgrims visiting to the Amaranth caves. Why the killing of the goat as the symbolic sacrifice to the son of Prophet Muhammad is allowed to undertake on Bakri-id even after knowing that this is the Nation of Jainism and Buddhism in which killing of the animals is considered as crime? Why the recital of the Azan that there is only one Allah and no other God and if anyone worships other than Allah than he is committing crime? Are we still secular? Can you find a single Muslim country a Hindu can be elected as a Corparator ? The conclusion is inescapable that the Hindus are orphans in their own Nation and they cannot have the recital of the Vande-Mataram in their own country.
ReplyDeleteI realized at this Juncture, when the compulsion enforce upon me was at the optimum and the judges ere having the firm opinion that the person having all experience and having the excellent back ground of intelligent genetic pre dominance will be proved as the topmost honest judge to serve the Nation and get the advancement for the growth of law in the Society. At this Stage, I was confronted with the situation that a Cancer treatment institute of Varanasi having its branch at Kolkata was raided by the people of Drugs and Cosmetic Act. I challenged the vires of the Rule 106 read with Schedule J of the aforesaid enactment and the Rules framed there under. The matter is pending but no counter affidavit is filed. Than I Challenged the order being passed by Justice Sunil Ambwani in the jurisdiction of Civil Contempt, in which the recital of OM NAMO SHIVA in park for the cure of ailment was subjected to the restriction and the authorities were directed to prohibit the entry of such individual who remain assembled in the park to undertake such exercise of breathing the fresh air. I challenge the jurisdiction of the proceedings initiated by the judge of the High Court as wholly without jurisdiction and no such power is given to the judge under our constitution to exercise the administrative power for the enforcement of the direction which have not been issued by the said High Court but merely on the basis of certain observations made by the Supreme Court in one Joshi case, the direction contain therein were not subject matter of the civil contempt.The other matter in relations to the effect of poisonous substance like the drink of coca-cola, Pepsi by instigating the people for cooling them during the scorching heat and thereby deception is played for commercial gain from the innocent consumers is resulting in the ailment of the digestion and intoxication. The other petition regarding the indiscriminate use of “gutka” in the public place in which the skin of the lizard is used for the addiction purposes was also challenged along with the petition filed in respect of the power of indigenous nutrients therapy for the cure of dreaded disease of cancer. In none of the writ petition the counter affidavit has been filed by the government of India or the government of Uttar Pradesh while the counsel became the target for being the public oriented which is a stigma in the judicial institution as every one indulge into the process of exploitation of the sentiments of the litigants do not want to became enlightened to such litigant regarding the actual deception played by the judiciary under our Anglo-Saxon jurisprudence. I filed a petition that the milk defined under the prevention of the adulteration act 1975 is different from the definition of the milk products as importing of the skimmed milk, condensed milk, pasteurized milk may not be subjected to the misbranding of the milk product under the garb of the actual condition wherein the milk of the pig, camel and other animals extraction based upon their fat may not be subjected to scrutiny under the judicial process. In some way or the other the adulteration, the misbranding, the intoxication and the use of the objectionable substances by the followers of the particular religion may not be subjected to the criticism for importing the food products from the countries outside India.
ReplyDeleteBefore the best of the case, the best of the Counsel, the best of the Judge, the best of the Auspicious day, on which the case is heard, one is not sure that on what of the technical objection of the rigmarole of the technicalities prevalent under the law. What will be the result and the judgement in such a case? One would inquire as to what is your advice, as to whether a case has to be filed or not, the answer is that that nobody should be encouraged to file the case before any court of law. The title of the suit remained with the owner up to the stage when the suit is not filed inside the court of justice but the moment the suit is filed for declaration of the right upon such title and for restoration of the possession from the trespasser, the question raise as to whether the property may be vested in the individual claiming such right. The burden of proof is upon the plaintiff to demonstrate as to whether the seller from whom the property was purchased was actually entitled to sale such property or not. Whether the court fee is paid in registration of the document produced in the evidence is sufficient or the same is under value by the purchaser. Whether the title upon the property may be vested with such individual or the same happen to be the Nazul land without having any right for alienation of such property to its purchaser. How one does may survive in such a situation when the queries inside the court are manifold.
ReplyDeleteThus in the present system of making an experiment upon the litigant as a specimen for dissection in the laboratory of the zoology, whether one may require to became the gloater goat. The similar becomes the situation when the fraudulent person claiming his right upon the landed property files a case. Suppose the case upon the will executed by an individual in whose name the property is recorded in the revenue records files a case of mutation of his name by having a fraudulent certificate of the death and the person claimed after the mutation that he is surviving and was posted as a class 1 officer in some other district at the time when the mutation of the name of the rank trespasser and usurper of such property was recorded, the mutation court will be requiring that the person objecting upon such fraudulent entry must file a suit of declaration that he is surviving and has not become dead. I have never seen anybody will be succeeding to get the decree in such a suit. There was the news item published in New York times that 265 people have made the association of dead people (Ghosts) upon the earth in District Azamgarh, where the property, rather the ancestral property were usurp by the intruders upon there agriculture land. The matter was taken by the high court but ultimately the verdict came that these people should approach the Human Right Commission for declaration of there survival. One of them had thrown the stone upon the screen of the vehicle of the speaker of the legislative assembly as he may be arrested by the police for committing the offence upon the high dignitary but police after knowing that this man wants to create an evidence for his survival, has got him Scott Free as no one wanted to take the trouble for establishing that the said officer was actually on the date when the death certificate was issued by the competent authority certifying his legal death.
ReplyDeleteThe other question regarding filling of the writ petition against the wrong full decision of the executive’s wing of the three setups in the democratic system of governance by the judicial institution. Whether a government is not supposed to pass a legal order as the affected party may not be compelled to knock the door of the justice to rectify his mistake and in case if it is found that it was not the mistake but a deliberate and intentional harassment for invading the fundamental and the legal right conferred to the citizen, why not the erring officers is liable for the departmental action on the recommendation of the observation made by the superior courts. How long we may be dependant upon the mercy of the administrative officer who are craving to get their posting at the place where the exploitation of the people is at the maximum due to the power vested in such authority. The trust reposed upon the judicial institutions starting from the period of 1979, when the case of Bandhua Mukti Morcha, Judicial accountability of administrative action without adhering to the strict adherence of the theory of Person Aggrieved was started resulting in the judgement of Gorakhnath Case, Keshavnanda case, Nationalization of the banks case, International Airport Authority case, Abolition of the privy purse case, Meneka Gandhi Case, Minerva Milles Case , ADM Jabalpur case of atrocities during emergency, Bhopal Gas tragedy case were conducted by the eminent judges. The supersession of three judges, the discrimination suffered by Justice H. R. Khanna during Indira Gandhi Regime of Emergency. Sri M. C. Mehta, Sri Arun Shourie, Indira Shahni, B. R. Wadhava Advocates became stalwarts in dealing with corruption. In DDC disproportionate discretionary quota of allotment Present Chief Minister of Delhi Smt. Sheila Dixit was awarded the Fine of Rs. 50 Lacks, while Environment Minister Kamalnath (M.C.Mehta ) was fined with 60 lacks fine by Great Judge like Kuldeep Singh. Banwasi Seva Ashram case and the T.N. Godavarman cases based upon the polluters pays Doctrine promulgated for protection of the environment. No body could dare at that time to say that six Chief Justice of India were the corrupt Judge.
ReplyDeleteIn this country, the other aspect of the nature that there is no responsibility to be dealt with by any court of justice towards the tortuous labiality of the government. If on account of the train accidents one person travelling in the midst of night dies in the compartment, no compensation is awarded to the victim of such deceased person except to file the case before the railways tribunal for relegation of the compensation which is seldom given in rare of rarest cases till the person claiming such compensation is exhausted from the money. In case of murder no compensation is awarded while in case of accident by the vehicle without having any intention for committing the murder, the compensation may be awarded only proportionate to the pecuniary loss to the family of the deceased person. In most of the cases when the deceased is not he earning member no compensation for his death is awarded except the money incurred in his mortuary and the medical expenses incurred prior to death of the victim in such accident. This is strange phenomenon that the life of the un-earning member is not considered to be the life of the human being.
ReplyDeleteIn such atmosphere, when I started my professional life with Laguage in one holdup with some cloths by living in one room of the Hotel after giving myself developed land comprising of 73 acres on account of criminal sensitive area and the excess committed by the affluent society as I may lead a respectable life, I gradually realized after becoming a prominent advocate filing the cases against the abolition of the cases of abolition of the posts of Adult education department 400 in numbers within a month , I became a most successful lawyer and my reputation had gone to the extreme heights, I did not forgotten the basic principle that in case providing no relief to my client or in case of taking a chance for the success, I have never realized the fees from the litigants. Some time the poor litigants have taken the money from my earning in the profession. My reputation t the bar always remained at the top that the people having the tremendous respect in respect of my benevolence have never disheartened me regarding my potential to prove one of the best counsel at Allahabad High Court.
ReplyDeleteSoon I realized that whether I joined this profession for exploitation of the recourses of the people, or I have joined here to render some services to my Nation. I filed the petition for offering the benefit from the interest of the loan compounded upon the farmers due to the draught affected area, the petition to provide the fair cost of the Sugar Cane, which was required to be enhanced as per the provision of the Sugar Cane ( Control Order) orders, but the government advised to the farmers for using sugar cane production as the fuel for the furnace. The train accident of Purshottam Express Accident taken place near district Firozabad for awarding compensations to them was dealt with by the Judge, as any one of my family died in the accident?. After my reply that every citizen sleeping inside the train in the maddest of night was more than my family member the judge scolded that ask for the compensation from Mr. Jafar Shareef, Than Railway Minister instead of knocking the door of Justice. This has become the starting point to serve the society within the limit of my competence and serve the people in the best manner, what I can contribute to the society in due course of time.
On the other hand, when I got an opportunity to discuss the issue of corruption with my brother posted in Railways Account Service As chief Commercial Superintendence at Mumbai, he told his remembrance that after providing a curb upon the power of Comptroller and Accountant General, the concurrences were only required to be taken from the concern Ministry and the Personnel and Ministry of Finance, than the Minister of Railway thought that it will be appropriate, If a proposal is required to be submitted by the Ministry of Railway to get the Connection of Etawah Railway Station directly to the Gwalior, The private Rail, which is no more productive for the State of Gwalior shall become productive. The report for accruing the profit by the Railways is required to be obtained from the Account Services Officials of Allied Services. The New Incumbent proposed to shift his burden upon the Senior officer, which this man Late Sri B.K.Varma, than C.C.S .had readily accepted as the vicious design to get the scam of the money and thereby providing the financial loss to the government may be avoided by the straight forward officer bent upon to serve his mother land to the optimum level. Thus I found that this Indian administrative service officer, if being straight forward is still better than the judge of High Court.
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