Vivek's legal notes

  MGTOW is for people who are fed up of gender bias in our laws which allows men to be falsely accused but do not allow men to seek remedy from law when they suffer. MGTOW hates the idea that it is okay for men to suffer in the hands of evil women who can steal and sell the kids, puts false accusations on them which can put them and their family in jail. Also, it rejects the idea that woman is a weaker and fragile sex and consider women as strong and capable as men in committing a crime. MGTOW insists on treating men and women as well as mother and father as equals in all respect especially in the eyes of law and dislikes the idea that mother love children more than father or mother cares more about children than father. And until that equality is achieved, MGTOW is the way to go. MGTOW movement is not in favor of misogyny but it is against misandry and against gynocentrism where female is considered as far superior and sacred to men and to be always protected from evil dark men lu...

 Definition of Violent crime:  The Canadian Centre of Justice Statistics  states that about one-third of violent crimes resulted in victims having their day-to-day activities disrupted for a period of one day  (31%) , while in 27% of incidents, the disruption lasted for two to three days (Aucoin & Beauchamp, 2007). In  18%  of cases, victims could not attend to their routine for more than two weeks. A majority of incidents caused emotional impact  (78%).  Irrespective of the type of victimization,  one-fifth  of the victims felt upset and expressed confusion and or frustration due to their victimization. Overall, victims felt less safe than non-victims. According to above definition, men who face false cases are traumatized for far longer, face severe consequences and the current law does not recognize the 'violent crime of false cases' as appropriately as it should. Ref.: https://blog.ipleaders.in/concept-victim-justice-as...

  No-one is judge in his own cause. It is also called shortly as "nemo judex". It is made of following latin words: nemo = nobody iudex/judex = judge in causa = in case sua = own A judge cannot have any, or fairly suspected to have any, bias or prejudice or self-interest in the case. If an interest is proved at any point causing the breach of natural justice, then the proceedings are quashed, any judgments passed are rendered invalid and a fresh hearing is started. It embodies the basic concept of impartiality. The hard part here is how to prove the bias? An influential person will always try to attack judges alleging bias until she gets a favorable judge. Judges are normally expected to not take up cases in which they are biased. There are three forms of bias: 1. Actual bias -  Where it is actually established that a decision-maker was prejudiced in favour of or against a party. However, in practice, the making of such an allegation is rare as it is very hard to prove. 2. Im...

 No resemblance to any person, living or dead. A work of art. Any names mentioned are fictional. Let the great writer write in peace.  At the age of 22, this young boy recently finished his studies and is working in a nice job in Mumbai earning 5000 rs per month (year is 1996, so it is good amount). He dreams of purchasing a big house, maybe move to Australia in future. He marries a girl based on advice of his masi. The girl has 5 elder sisters and she is the youngest one always controlled by her sisters. Her father is alcoholic and she has stayed with her uncle till the age of 14. The girl does graduation and moves to Mumbai to work in the accounts dept. of a company. Mother of the girl proudly tells that her daughter does not know any household work and the boy tells that he is an expert in cooking. The two gets married, boy is successful on first night and a son is born after 9 months of marriage. Ego fights are common between the husband and wife. If husband says anything,...

 One should not be convicted unheard. It is made up of following latin words: Audi (Verb) = listen in latin. (As a sidenote, founder of Audi automobile brand was named 'August Horch' and Horch is a german word for 'listen' and latin translation is 'Audi', hence the name of brand) Alteram (adjective) means 'the other one' in latin Partem (noun) - part/piece/side  audiatur = to listen, to hear et = and altera = other  pars = part The principle of "Audi Alteram partem" or "Audiatur et altera pars" is a fundamental rule of natural justice. It is also called as 'right to  fair  hearing'. It means that every person has the right to be heard, to present his side, his defense, his evidence and challenge the evidences and witnesses of the other side before a conclusion can be made usually by a Judge. This means that when one person raises a complaint against the other person before an authority, it is imperative for the authority to gi...

 Can DV case be filed outside the jurisdiction where husband and wife stays? This question reached SC. Case Type: quash of DV case Case - Partial Success Petitioner argument: Neither the marriage of the parties was solemnized at Bengaluru nor the matrimonial house was at Bengaluru and therefore, the Magistrate Court at Bengaluru has no jurisdiction to entertain the petition filed under the Domestic Violence Act. Learned counsel submitted that vague allegations have been levelled against the family members of the husband- appellant No.14 which are not at all substantiated. Learned counsel further submitted that with a view to harass the family members of her husband, the respondent has arraigned all the family members of her husband including those who are residents in the State of Rajasthan, Gujarat and other relatives in Chennai and the complaint is an abuse of the process of the Court Previously it was appealed in Bengaluru HC and HC refused to quash on the ground that various al...

Party Names: Laljee Yadav vs The State of Bihar Case Type: Writ in Patna HC Judgment Date: 16 Sep 2011 Judge Name - Navaniti Prasad Singh, Ashwani Kumar Singh Relevant Sections: Maintenance u/s 125 Judgment link: http://indiankanoon.org/doc/1402177/ Current Situation: Petitioner was sent to jail on 5th July 2010 by Principal Judge, Family Court, West Champaran at Bettiah (Judge name is not mentioned) for non-payment of maintenance to wife u/s 125 Application filed for release on 27th Aug 2010 but the learned judge of Family court is passing no orders for his release apparently on the ground that so long as petitioner does not make payment of maintenance to his wife, he shall remain in custody ad infinitum, may be for life. Counsel's argument is that petitioner has been kept in prison mechanically and that too for months even without any order of remand by the learned Principal Judge, Family Court Counsel argues against miscarriage of justice by specifying the absurd possibility t...