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Showing posts from February, 2019

With regards to issue of summons and its service.

The certificate officers/revenue officers are vested with the powers of Civil Court for the purpose of receiving evidence, administering oath, enforcing attendance of witness and compelling the production of documents, the service of notices summoning the parties. I know from experience that these cases suffer from procedural defects with the result that though the order passed by these officers acting in Quasi Judicial Capacity is sound the same is set aside for reasons of procedural lapses with regard to summons and its service. The present write up is intended to keep the executive officer acting in Quasi Judicial Capacity reminded in so far as the matter of summons and its service is concerned. The Code Of Civil Procedure, 1908(Act 5 of 1908), for short, the CPC, in its section 27 says that when a suit has been duly instituted a summons may be issued to the defendant directing him to appear and answer the claim and this summons is required to be served in manner prescribed. Orde...

Don't worry if you are underestimated.

Our problem is that we yearn for being recognized in the eye of the people surrounding us. But the more this desire of ours gets fulfilled the more we become insatiated.   My understanding on the matter is that when we are underestimated by others it should be least perturbing to us. Rather we should feel blessed that in their eyes I am non-noticeable.  It is a blessing in disguise to say the least.                           You may find with satisfaction that this has helped you to escape their undue and sometimes unfavorable attention. And, therefore, you can pursue your goal till it is achieved to give them a shock.   We should not disagree that in the surrounding when you are perceived to be a person of caliber many a man is there who is waiting for you to slip in your efforts to achieve your goal or objectives. Hence if they are unaware of your potential it is of great help to you as this saves you...

The Plight of Undertrial Prisoners(UTPs)

The issue is a matter of grave concern from angles more than one. It is a blatant truth that the system only allows wheels of justice to move at a dead speed. The result is that a large number of arrestees are incarcarating in jails as Undertrial Prisoners. Some of them have been under detention even after crossing the maximum period of imprisonment for the offences against the charge of which she/he is undergoing trial. This is not only a matter of human rights violation but also a serious challenge to the prison administration to say the least. Prisons in India are overcrowded. About 67 percent of this crowd is constituted by Undertrial Prisoners who are, generally speaking, invariably poor and indigent. This implies that two thirds of our Prisoners are Undertrial. This speaks volumes of the pace with which the justice(?) is meted out by our criminal administration system. It has been found that their social and economic status disable them to arrange for surety. As a logical outc...

Fear: How to get rid of it?

Fear in human beings is common. No one can say he has never feared from anyone or anything without hiding the truth in matter. Of course the cause of fear keeps on changing as well as waning according to our mental strength. This mental strength is supposed to grow with advancement in our practice driven perfection. Put in short, the apprehension of adverse consequences is basic to the advent of fear in the mind. Thus fear is nothing but state of mind. This state of mind is a product of reaction with the adverse circumstances where one finds oneself surrounded by. Fear disappears once the situation regains normalcy. Fear arises on account of our perceived incapacity to handle the possibility of outcome not to our liking. Swamy Vivekanand once said that do no wrong and don't be afraid. Some of the tested tips that eliminate fear or lessen it are : i) we should be in time rather than on time. It means a lot. It saves us from the state of huff. ii) Doing our assigned duty with b...

बुद्धिमतां वरिष्ठम् वातात्मज हनुमान

भगवान राम का स्मरण हो और उनके परम प्रिय हनुमान की चर्चा न करना यह स्वयं में दोषपूर्ण तो है ही रामानुरागी के लिए असम्भव है। गोस्वामी तुलसीदासजी ने भी कहा है:     राम दुआरे तुम...

Respect Your Understanding and Have Abiding Faith In It.

We already know many things we watch on TV or film screens and for that matter even in books. The substances underlying the  conversations, speech or sermons of various gurus and persons of saintly character continuously being telecast on various commercial channels are not, by and large, unknown to us. If they do not have other motives, which is difficult to guarantee, they all want us to act virtuously by way of developing human milk of kindness. Don't we know that we only ultimately downslide by being excessively sensual? Haven't we felt that acts committed under the fit of rage spanning over some seconds short of a minute only cause immense damages that may include loss of lives also? Similarly, we do know that acting out of greed, avarice and lust to multiply our resources is vicious and sinful. Despite this knowledge that we boast of to hold we feel tempted to act unethically without the slightest compunction. We take recourse to unfair and fraudulent means in our day t...