Vivek's legal notes

Q 1. Can 482 be filed for quashing while discharge is pending u/s 239 Short answer is Yes.  Anand Kumar Mohatta & Anr. Vs. State (NCT of Delhi) Department of Home & Anr. (2019) 11 SCC 706. In paragraphs 14 to 16, Also, cited in  C.V.K.Balakrishnan vs State Of Tamil Nadu,  SLP(Crl) Diary No(s). 2041/2023,  Special Leave Petition (Crl.) No.1733/2023 Q 2. The summoning order or discharge order is to be challenged in Session court or High Court Under Section 397 of the Cr.P.C., the High Court and the Session's Court have the concurrent jurisdiction to hear the revisional application against the order of magistrate court.  Moreover, there has been a catena of judgments wherein it has been held that an accused can also approach the High Court under its inherent power for quashing of the summoning orders. In the case of Central Bureau of Investigation v. Ravi Shankar Srivastava (http://judis.nic.in/supremecourt/imgs1.aspx?filename=27925), the Supreme Court was ...

Succession act /  https://indiankanoon.org/doc/121271688/  https://indiankanoon.org/doc/128047585/ https://indiankanoon.org/search/?formInput=father%20surname%20is%20custom&pagenum=0 Find cases where mother is scheduled caste and father is general category and court denies benefits of Scheduled caste

  To, The Hon’ble Court and Ld. Members of the bar,   Respectfully Stated, I am writing to highlight the recent judgment dated 25.01.24 passed by Hon'ble Bombay High Court in the adoption matter of Bal Asha Trust. The impugned orders are as attached.   Factual background: The court had allowed the prayer to adopt a minor child (born on 10.05.20) of about 3.5 years vide order dated 17.08.23.   The court had ordered, "1. That the Prospective Adoptive Parents be given the said child in Adoption be declared as parents and have all parental legal rights, Privileges and responsibilities." The adoptive parents had also promised to invest 2 lacs in the name of the child.   Within 3 months, the adoptive parents wanted to back out of their promise of adoption and "return the child" after observing some minor health issues with the child. The Hon'ble High Court agreed to annul the adoption vide order dated 25.01.24 and also allowed the 2 lacs rs. invested in...

 Arre buddhu, mein tera baap hun. Jab tak zinda hun, tab tak tere saath hun,  mein woh hun. Arre buddhu, mein tera baap hun. Jiska khun teri rago mein hai, jo har dum tujhe sheeshe mein nazar aata hai, mein woh hun... Jiski photocopy banke tu nikla hai, jiske naak, kaan, munh aur akal leke tu janma hai, mein woh hun... Jispe tera haq hai, jiska tere pe haq hai,  mein woh hun... Jiski tu jab bhi koi cheej leke jaata hai, mann he mann khil khila utha hai woh, mein woh hun... Jo tere liye 140 crore to kya, 140 hazaar crore se bhi lad jaye, mein woh hun... Jiski har dua yahi kehti hai ki, ke meri umar tujhe lag jaaye, mein woh hun... Puri duniya se bhi upar jo tere liye hai, mein woh hun... tere liye kisi bhagwan se kam nahi hun, mein woh hun... Shayad tera iklauta dost, tera pehla aur aakhri dost,  har dost se pehle wala dost aur har dost ke baad wala dost, mein woh hun... Jisko tu papa ki jagah popa, shopa, chopa, topa , kuch bhi bol le, koi fark nai padta, mein woh hu...

  To, The Hon'ble President of India and The Hon'ble Prime Minister of India, Please fix the procedure of appointment of judges in Supreme Court as these people control the whole judicial organ and significantly impact how the lower judiciary think and work. It is humbly proposed to introduce democratic election procedure for selection of judges among eligible candidates and the voting be done at a wider scale comprising of all litigants (citizen in need of justice), advocates, other judges and other judicial staff. And for these voters to make an informed decision, all the past judgments of a judge may be put in public domain. I understand democratic selection can be unintuitive at times but there is beauty in collective thought process compared to 3-5 selected people (aka collegium system) Regards. Vivek To the citizens of India, Most of you have no idea how much power has been assumed by judges sitting in so called The Supreme Court. These people daily make critical decision...

 This snapshot from a coding practice website to keep oneself updated shows how 3 years got wiped out after a big bang attack in Dec 2020 and ensuing war. Not sure how many more years will this war consume. The God brought this war, so one can only accept it as destiny and fight it.

Supreme Court of India Sunil Gupta And Ors vs State Of Madhya Pradesh And Ors on 2 May, 1990  https://indiankanoon.org/doc/1745823/ Prem Shankar Shukla v. Delhi Administration , [1980] 3 SCC 526; Bhim Singh, M.L.A.v. State of Jammu & Kashmir & Ors [1985] 4 S.C.C. 677; Maneka Gandhi v. Union of India [1978] 1 SCC 248; Sunil Batra v. Delhi Administration , [1978] 4 SCC 494 and Sunil Batra (II) v. Delhi Administration, [1980] 3 SCC 488 2. https://indiankanoon.org/doc/853252/ Supreme Court of India Prem Shankar Shukla vs Delhi Administration on 29 April, 1980 Equivalent citations: 1980 AIR 1535, 1980 SCR (3) 855 3.  Supreme Court of India M.P. Dwivedi And Others vs Unknown on 11 January, 1996 Equivalent citations: AIR 1996 SC 2299, 1996 (1) ALD Cri 789, (1997) 1 GLR 39, (1996) 4 SCC 152, 1996 1 SCR 347 Contempt against the judge  B.K. Nigam " It appears that the contemner was completely insensitive about the serious violations of the human rights of t...