Law in India
Finally, an application in the legal form to give us a copy of the document on which the order was passed. Reply- the document was not available with the Registry.
What can you say about our Judicial system.
You cannot question such corrupt judges, the whole system stinks. more
1.The Scope of Art. 226 is wider than Art.32 . The parties first seek relief in the High Court and should come to the Supreme Court in appeal only .
2. Hearing of the case at the level of High Court is more convenient to the parties. It saves lot of time.
3. The High Court has its own tradition. They have eminent Judges, whose capacity should be utilised.
4. Every High Court has a good Bar. There eminent lawyers with wide experience, handle different kind of cases. They know history of every legislation in their State.
5. The Supreme Court has no time to decide cases pending before it for the last 10 to 15 years. With the present strength of Judges and will take more than 15 years to dispose of all pending cases .
6. If the cases are filed in the High Court the task of Supreme Court acting as an original court which is a time consuming can be avoided .
7. If cases which may be filed in the High Court are filed in this Court it would affect the initiative of the High Courts . We should preserve the dignity, majesty and efficiency of the High Courts. The taking over by this Court of the work of High Court may undermine the capacity and efficiency of the High Court and should be avoided.
8. The time saved by this Court by not entertaining the cases which may be filed before the High Courts can be utilised to dispose of old matters in which parties are crying for relief .
2- AIR 1987 SC 1087 “ 1. The Court held that the poor in India can seek enforcement of their fundamental rights from the Supreme Court by writing a letter to ay Judge .” Further , “ 2. The Court also held that under Art. 32 it has power to grant remedial relief which includes the power to grant compensation in appropriate cases where the fundamental rights of the poor and disadvantage persons are violated . “ 3. The Court held that the Court can appoint socio-legal commissions or devise any procedure and forge any tools it deems appropriate for the enforcement of fundamental rights of the poor “ .
3- {1994} 1 SCC 243 “ If loss or injury is caused to a citizen by the arbitrary actions of State employees the State is liable to pay compensation to him . Public authorities who are entrusted with statutory function cannot act negligently . UNDER OUR CONSTITUTION SOVEREIGNTY IS VESTED IN THE PEOPLE. Every limb of the Constitutional machinery is obliged to be people oriented . .....”
4. AIR 1963 SC 649 ; AIR 1985 SC 1495 on unjustified carry of Reservations == [1995] 3 SCC 635 on Uniform Civil Code == [1985] 3 SCC 545 on Qualifications, Rt. to work etc == AIR 1979 SC 1369 on Speedy Trial ;;;;; are the issues to ever refer to S.C. ; HCs. and demand implementation , preferring AIR 1983 SC 624 in which S.C. notified that Supreme Court is Responsible to serve Constitutional Provisions to the people . more