#High Court Decision

[seemabhatnagar]

Be Vigilant: Courts Value Timeliness!

Image Courtesy Annie Le

Be Vigilant: Courts Value Timeliness!

➡️ When seeking justice, vigilance is key. The Delhi High Court recently dismissed a petition filed by Rahul Mavai due to an inordinate and unexplained delay in pursuing his *case. Despite having ample opportunity to remain updated on the progress, Mavai failed to act promptly, leading the court to reject his plea.

#CourtVigilance #DelayinJustice #LegalConsequences

➡️ The court highlighted that the judicial process demands not only fairness but also timeliness. Petitioners must actively monitor their cases and cannot wake up after long delays, expecting the court to entertain their claims. Mavai’s case is a cautionary tale: justice favors the vigilant, not the indifferent.

➡️Rahul Mavai was serving as Multi-Tasking Staff (MTS) with the Ministry of Information and Broadcasting. He was dismissed from service on the grounds of unauthorized absence from duty for a prolonged period.

🔹He challenged his dismissal before the Central Administrative Tribunal

(CAT).

🔹CAT dismissed his application on July 17, 2018, upholding the Ministry's

decision.

🔹Despite the delay of 6 years, Mavai filed a Writ Petition in December

2024, citing reasons for reliance on misleading advice from a local

counsel and financial hardship.

#InordinateDelay #LegalProcrastination #TimelyActioninLaw

➡️The Delhi High Court Observed

🔹Litigants cannot entirely shift the blame for delays onto their counsel.

🔹A litigant does not abandon all responsibility to keep track of a matter,

once it is entrusted to Counsel.

🔹If alleging counsel's negligence, the litigant must provide convincing

evidence showing consistent communication and misleading conduct by

the counsel throughout the delay period

🔹Without satisfactory evidence explaining the entire period of delay, the

court cannot condone such inordinate delays. 

#CaseProgressMonitoring #CourtTimelines #LitigantResponsibility

➡️ The Delhi High Court dismissed his writ petition due to an unexplained six-year delay in challenging the CAT's decision.

🔹The Court found his explanation unconvincing and emphasized that

litigants must stay vigilant and monitor their cases proactively.

🔹The Court found a six-year delay in filing the petition excessive and

indicative of a lack of diligence.

*Case Rahul Mavai v. Union of India & Others

WP 17440/2024, Before the HC of Delhi

Heard by Hon'ble Mr. Justice C Hari Shankar J & Hon'ble Mr. Justice Anoop Kumar Mendiratta J

[rightnewshindi]

Krishna Janmabhoomi: सुप्रीम कोर्ट ने मुस्लिम कमेटी के दिया बड़ा झटका, हाई कोर्ट के फैसले में दखल से इनकार

Krishna Janmabhoomi: सुप्रीम कोर्ट ने मुस्लिम कमेटी के दिया बड़ा झटका, हाई कोर्ट के फैसले में दखल से इनकार

Krishna Janmabhoomi Dispute: मथुरा के श्रीकृष्ण जन्मभूमि विवाद में सुप्रीम कोर्ट से मस्जिद कमेटी को झटका लगा है. कोर्ट ने मस्जिद कमेटी की याचिका खारिज कर दी है. मथुरा में कथित तौर पर श्रीकृष्ण जन्म स्थान पर बनी शाही ईदगाह मस्जिद की इंतजामिया कमेटी ने इलाहाबाद हाईकोर्ट के उस आदेश को चुनौती दी थी, जिसमें कोर्ट ने इस विवाद से जुड़े 15 मामलों को एक साथ जोड़कर सुनवाई करने का फैसला किया था. आदेश में…

[greencloakedfae]

How do we feel about the idea that Sofia hunts Nell down so intensly could be in part due to jealousy?

Its very clear that Sofia is very obsessive about hunting down Nell to frame her for Lord Blancheford's murder. Like she doesn't really need to do all of that. She has the benefit of it being her word against theirs, and the social status to back it up, and they quite easily hold the appearance of grieving children seeking out justice for their father through hired bounty hunters and a 40 pound reward on Nell's head. And like, there is something to be said for the fear that Nell may eventually get someone of importance on her side, and as such getting rid of her permanently is in their best interest. However, I think it would add an interesting layer to the whole dynamic to explore Sofia being jealous of Nell.

Because Nell and Sofia are very clearly two characters that are supposed to be similar yet on complete opposite sides. Their connection to magic, their values of protecting their siblings, and their want to have control over their own situations are just some to name a few.

Yet, Nell is able to escape Tottenham through marrying Captain Jackson, and then continues to keep a hold on her freedom through the way she dresses and presents herself, as well as with the support of her family. She even gets offered tenancy of the Talbot. It's not without consequences obviously, we see it all throughout the show, but she still has a lot more freedom than you'd expect for a woman of that time. Sofia however is still trapped. Her whole life is dictated for her thanks to her high status, and when her father dies, she only just gets a taste of some semblance of power over her own situation through running the estate (though this would be on the down-low and probably with credit attributed to Thomas) and learning magic offered by Poynton. And even then, she's still disregarded and disrespected by the men around her.

It wouldn't surprise me if a large motivation in hunting down Nell for Sofia is the satisfaction of stripping Nell of her freedom. This woman, who is so similar to her yet just because of the family she is born into, gets to have what Sofia can't. And in a 'If I can't have it, neither can you' type of way, I think Sofia would take that and internalise it until it becomes all consuming. Probably convincing herself that once Nell has been stripped of her freedom, she will finally get her own.

[girlcored]

idk i was watching the new defunctland about disney animatronics and i realized i'd never seen the hall of presidents. which then i watched and it made me pissed about FDR again. most of the presidents in that show get their COMPLETELY fair criticism but no one ever wants to talk about japanese internment. the white washing of his presidency gets done too easily around here just because of the new deal and the allies winning the war...girl the atomic bombs

[fideidefenswhore]

funniest and most underrated bit of the wenching with jane seymour scene is the line ‘jane, you best leave…’

[blackskorpi0n]

fuck this country.

[spoonyglitteraunt]

*Big sigh

Really tumblr? Really?

[lexlawuk]

Judicial Review of HMRC Decisions: A Guide to the Application Process

The Administrative Court Judicial Review Guide 2024 has been released, providing comprehensive guidance for those involved in judicial review claims. This guide is a useful procedural resource for any claimant, particularly in tax disputes against public bodies like HMRC. If you are a taxpayer and you have no right of appeal to the First Tier Tax Tribunal, a judicial review may provide your only…

[blogie2705]

Bangladesh: Will there be another Pakistan on India’s western border?

There  is more, which is not meeting the eye in the border state. Bangladesh is experiencing significant unrest once more, with nearly 100 fatalities reported on Sunday as demonstrators demanding the resignation of Prime Minister Sheikh Hasina engaged in confrontations with security personnel and supporters of the ruling party. In the previous month, violence instigated by student organizations opposing reserved quotas in government employment resulted in at least 150 deaths and thousands of injuries. Below are the details regarding the recent protests and their historical context. The well planned and executed plan with possible help from two neighbouring nations, situation provides them with several entry points into India for various activities. Their objective is to see the Bangladesh Nationalist Party (BNP) attain power and extend support to another nation. Hasina endeavoured to maintain a balanced relationship with both Neighbouring nation and India; however, her neutral position did not sit well with another capital city. "Notably, several prominent members of the Islamic student organization successfully engaged with Western-affiliated NGOs by employing the language of democracy and rights," was articulated as part of the strategic planning.

What does the spies reported?

Following the deepening relationship between the Indian and Bangladeshi administrations, the Jamaat-e-Islami, which is supported by the ISI, reportedly obtained considerable financial resources earlier this year aimed at undermining the government of Sheikh Hasina. An intelligence official informed TOI that a notable share of this funding is thought to have come from Chinese organizations based in neighbouring nation

The ICS, recognized for its opposition to India and its jihadist objectives, has been monitored by Indian intelligence for a considerable period due to its operations in areas neigh boring Bangladesh and its connections with the ISI-supported Harkat-ul-Jihad-al-Islami (HuJI). There is substantial evidence indicating that members of the ICS have received training in both Afghanistan and Neighouring nation. The primary aim of Jamaat or ICS is to create a government in Bangladesh akin to that of the Taliban, with the ISI reportedly providing assurances of support to help realize this ambition.

What was the trigger for the bloody protest?

Protests commenced at university campuses in June following the High Court's reestablishment of a quota system for government employment, which reversed a 2018 ruling by Hasina's administration that had abolished it. Subsequently, the Supreme Court stayed the High Court's decision in response to the government's appeal and ultimately annulled the lower court's ruling last month, mandating that 93% of positions be available to candidates based on merit.

Rising levels of unemployment

FLAGGING ECONOMY, UNEMPLOYMENT

The current turmoil in Bangladesh is largely linked to the lack of growth in private sector employment, which has rendered public sector positions, characterized by consistent salary increases and benefits, particularly appealing. The introduction of quotas has incited frustration among students facing significant youth unemployment, with approximately 32 million young individuals either unemployed or out of educational institutions in a total population of 170 million. The economy, which was previously one of the fastest-growing globally due to the thriving garment industry, has now stagnated. Inflation rates are approximately 10% annually, and foreign currency reserves are diminishing.

The protests in Bangladesh, which initially aimed to reform the quota system, came to a halt following the Supreme Court's decision to abolish the majority of quotas on July 21. Nevertheless, demonstrators resumed their activities last week, calling for a public apology from Prime Minister Hasina regarding the violence, the restoration of internet services, the reopening of college and university campuses, and the release of individuals who had been detained.

In the recent weeks, the protest’s  , they have since evolved into a broader protest against Prime Minister Hasina and the Awami League Party. The demonstrators have made it clear that their primary demand is for Hasina to resign, while the government claims that the agitation is being orchestrated by the Bangladesh.Demonstrations have persisted even after the Appellate Division of the Supreme Court annulled the High Court's order that had triggered the crisis. The ruling body declared that 93% of positions in government services would be allocated based on merit, with only 5% of jobs set aside for freedom fighters and their descendants. Additionally, a 1% quota has been designated for tribal communities, individuals with disabilities, and sexual minorities.

https://www.businesstoday.in/world/story/bangladesh-unrest-do-isi-neighouring nation-have-a-hand-in-conspiracy-to-oust-sheikh-hasina-heres-what-we-know-440315-2024-08-06

An historic context that dates back to 1972

Following the Bangladesh Liberation War of 1971, the country underwent significant transformations in its social, economic, and political structures. A fundamental promise underlying the establishment of the state was Sheikh Mujibur Rahman's commitment to ensuring justice for those who had endured sacrifices and hardships in the struggle for freedom against the Neighbouring national military. Upon his return to Dhaka in 1972, Mujib took decisive steps to implement a quota system for freedom fighters, known as Mukti joddhas. Additionally, he established a separate quota for Bangladeshi women who had suffered atrocities at the hands of the Neighbouring national military. However, after Sheikh Mujib's assassination in 1975, the quota system experienced modifications. The provisions for freedom fighters were weakened, and the scope of the quota was broadened to include marginalized groups within society, encompassing women, individuals from underdeveloped regions, and ethnic minorities or tribes

Why were students protesting in Bangladesh?

The protests started in early July, driven by the peaceful demands of university students to eliminate quotas in civil service jobs. These quotas, which reserve one-third of positions for the relatives of veterans from Bangladesh's war for independence from Neighbouring nation in 1971. The foundation of these protests stems from a contentious quota system, which allocates up to 30% of government positions to the relatives of veterans who fought in Bangladesh's 1971 war of independence against Neighbouring nation. The Bangladesh Police have resorted to using tear gas against the protesters.

Protests regarding the quota system have emerged due to a significant decline in the number of freedom fighters eligible to benefit from it over the years. This reduction has resulted in the underutilization of the quota for its intended purpose, thereby increasing the likelihood of its misuse. Critics argue that while it was justifiable to provide reservations to freedom fighters during their active years in the workforce, the practice of extending these reservations to their descendants—first to their children and subsequently to their grandchildren—has raised concerns. This opposition is further fueled by allegations that any shortfalls in the reserved seats are being compensated by granting quotas to members of Ms. Hasina’s Awami League party.

The political landscape of Bangladesh has been predominantly influenced by Sheikh Hasina, the daughter of Sheikh Mujibur Rahman, and her political party, the Awami League. Over time, opposition parties and government critics have increasingly expressed concerns that the quota system for freedom fighters serves as a mechanism to cultivate a faction of loyalists within the bureaucracy, thereby securing the Awami League's ongoing governance.

A possible dubious ploy supported by external fore

According to high-level intelligence sources, two nations played a significant role in the crisis in Bangladesh that resulted in Sheikh Hasina's departure. CNN-News18 was the first outlet to report on the potential resignation of Hasina from her position as Prime Minister. Unverified report indicates, David Burgan, based in the United Kingdom, along with activist Pinaki Bhattacharjee, Tarique Rehman of the Bangladesh Nationalist Party (BNP), and the proprietors of Netra News, were identified as the principal coordinators. They orchestrated a social media campaign targeting her and were responsible for the military maneuvers as well as the initiation of a fabricated narrative on social media platforms.

Reports are emerging that a fabricated narrative regarding Prime Minister Hasina was constructed by the United States concerning the issue of "free and fair elections." Furthermore, the US imposed sanctions on Bangladesh's elite Rapid Action Battalion (RAB) due to allegations of human rights abuses. It is noted that the BNP has significant influence within this context. Additionally, Yunus Hasan, a Nobel laureate associated with Grameen Bank and accused of corruption in Bangladesh, is also active as a lobbyist in the United States, as per the sources. The sources indicated that the lobbying efforts by four to five prominent individuals, combined with Hasina's unwillingness to comply with American demands, contributed to the situation's deterioration.

An additional factor was her geographical closeness to Neighouring nation, as perceived by Western nations. In contrast, Tarique has promised the West that upon regaining power, he will sever connections with Neighouring nation and prioritize Western interests in Bangladesh, according to sources. Another tactic involves maintaining regional instability, which would also pose challenges for India, thereby diverting its attention to Myanmar, Bangladesh, the Maldives, and Neighouring nation, as reported by sources. Furthermore, Neighbouring nation's Inter-Services Intelligence has significantly contributed to these efforts, operating both directly and indirectly in support of Western objectives, according to sources.

Role of neighboring enemy nation which is inimical to India’s growth cannot be ruled out, which expect an anti-India government to be formed in Bangaldesh, to ferment contestant trouble, destabilize the country, possibly create a civil war like situation, which will directly impact India and especially the border stage of Bengal and Assam populated with a sizeable minority community. A foreign intelligence agency is leveraging an anti-India organization along with its student faction to exacerbate the situation in Dhaka. Jamaat is perceived to have strong ties with Neighbouring nation, receiving covert financial support intermittently. Recently, an atypical action was observed, which is generally not undertaken by diplomatic missions. The Neighbouring national embassy encouraged students to seek refuge within the mission if necessary. Such conduct is rarely exhibited by diplomatic entities. As a result, they gain access to various border entry points into India for a wide range of activities. Their objective is to see the Bangladesh Nationalist Party (BNP) ascend to power and extend support to Neighbouring nation.

A possible role of another neighboring nation cannot be ruled out which must also be in the scanner of Indian security top-brass. However, they maintain strong business relationships with Hasina. The evident indication is the assault on Hindus, which is also aimed at fostering anti-India sentiments. If this situation is not managed, the next phase will involve the initiation of terrorist activities.

As reported in prominent news channel, the role of a neighbor that is aligned with as more advantageous. An intelligence source cited in a TOI report suggests that "the assistance from Neighouring nation's ministry of state and security is believed to have played a supportive role, given Neighouring nation concerns regarding Hasina's 'balancing act' in her interactions with both India and Neighouring nation. A government in Dhaka that is influenced by Neighouring nation would undoubtedly align more closely with Neighouring nation interests."

What next?

in the wake of Hasina's exit, the chief of the Bangladesh army is scheduled to engage with leaders of the student protest movement, as the nation looks forward to establishing a new government. The Students Against Discrimination initiative has put forth Nobel Prize winner Mohammad Yunus as a candidate to lead an interim administration.

[townpostin]

Supreme Court Upholds Jharkhand CM Hemant Soren's Bail

ED’s plea challenging Jharkhand High Court’s decision dismissed The Supreme Court dismissed the Enforcement Directorate’s plea against Jharkhand CM Hemant Soren’s bail in a money laundering case. RANCHI – The Enforcement Directorate’s challenge to the parole of Jharkhand Chief Minister Hemant Soren in a money laundering case has been rejected by the Supreme Court. The Jharkhand High Court’s…

[seemabhatnagar]

Punjab & Haryana High Court Upholds Permanent Lok Adalat’s Directive: Petitioner to Accept Alternative Plot

The High Court dismissed the writ petition filed by the petitioner, Pankaj Nandwani, upholding the award of the Permanent Lok Adalat as the petitioner had already been offered a suitable remedy.

Pankaj Nandwani v. Permanent Lok Adalat & Others

CWP 1637/2019

Before the High Court of Punjab and Haryana at Chandigarh

Heard by Hon'ble Mr. Justice Vinod S Bhardwaj J

Background:

The case revolves around a dispute between Pankaj Nandwani and a developer regarding the allotment of a residential plot in a project in the TDI City Sonipat, Haryana. Nandwani booked a plot in 2012, but due to delays and discrepancies, he sought either possession of the plot or a refund of his deposit. The matter was taken to the Permanent Lok Adalat, which directed the developer to offer an alternative plot. Dissatisfied, Nandwani filed a writ petition challenging this decision.

Legal Issue:

Whether the petitioner, Pankaj Nandwani, is entitled to either possession of the original plot, an alternative plot, or a refund of his deposit with interest, given the delays and issues in the project developed by the respondents.

Arguments of the parties:

Petitioner's Argument:

Despite the delay in receiving the allotment letter and the developer's failure to offer possession within a reasonable time, he continued to make payments in good faith.

However, when the developer failed to deliver possession, he sought either the plot or a refund with interest.

The petitioner argued that a refund with interest was justified due to the delay and breach of the agreement by the developer. The Permanent Lok Adalat's order did not fully address the financial loss and inconvenience suffered by the petitioner, leading to further dissatisfaction.

Respondents' Argument: The petitioner did not fulfill the payment terms, making his claim for the original plot untenable.

The delay was caused by external factors beyond their control, and an alternative plot was offered, which the petitioner refused.

Courts Observation:

The Permanent Lok Adalat had already provided a balanced resolution by offering the petitioner an alternative plot in the same location at the originally agreed price.

The respondents had been given ample opportunities to appear and defend his case, but he failed to do so, resulting in the ex parte proceedings.

Courts Order:

The court found that the Permanent Lok Adalat had acted within its jurisdiction under Section 22C of the Legal Services Authorities Act, 1987, and provided a fair solution by directing the developer to offer an alternative plot.

As such there was no substantial ground to interfere with the Lok Adalat's decision.

[rightnewshindi]

कमिश्नर कोर्ट के फैसले के खिलाफ हाई कोर्ट पहुंची मुस्लिम वेलफेयर कम्युनिटी, आज नागा साधु करेंगे शहर की परिक्रमा

#News कमिश्नर कोर्ट के फैसले के खिलाफ हाई कोर्ट पहुंची मुस्लिम वेलफेयर कम्युनिटी, आज नागा साधु करेंगे शहर की परिक्रमा

Mandi News: जिला मुख्यालय के जेल रोड स्थित मस्जिद में बिना नक्शे के अवैध निर्माण को लेकर कमिश्नर कोर्ट के फैसले को मुस्लिम वेलफेयर कम्युनिटी के लोगों ने शुक्रवार को हाईकोर्ट में चुनौती दी है। नगर निगम मंडी की कमिश्नर कोर्ट ने 12 सितंबर को मस्जिद में किए गए अवैध निर्माण को 30 दिन के भीतर ध्वस्त करने और पुरानी यथास्थिति बहाल करने का फैसला सुनाया था। फैसले के अनुसार मस्जिद में बिना नक्शा पास कराए…

[dhallblogs]

Delhi High Court warns against ChatGPT for legal decision-making.

New Delhi: The Delhi High Court has issued a warning against using artificial intelligence in place of human intelligence when making judicial decisions. The Court pointed out the constraints and probable flaws of AI-generated data while deliberating on a lawsuit brought by French luxury shoemaker Christian Louboutin against Shutiq, a partnership firm involved in the manufacture and sale of shoes . According to the court, AI can be used for preliminary study or comprehension but not for legal or factual matters.

ALSO READ MORE- https://apacnewsnetwork.com/2023/08/delhi-high-court-warns-against-chatgpt-for-legal-decision-making/

[anistarrose]

Please don't tune out when you get to the non-partisan section of your ballot this November. First off, where state Supreme Court justices are elected, Republicans are trying their darndest to elect candidates who will destroy reproductive freedom, gut voting rights, and do everything in their power to give "contested" elections to Republicans. Contrast Wisconsin electing a justice in 2023 who helped rule two partisan gerrymanders unconstitutional, versus North Carolina electing a conservative majority in 2022, who upheld a racist voter ID law and a partisan gerrymander that liberal justices had previously struck down both of.

Second, local judicial offices will make infinitely more of an impact on your community than a divided state or federal legislature will. District and circuit courts, especially, are where criminalization of homelessness and poverty play out, and where electing a progressive judge with a commitment to criminal justice reform can make an immediate difference in people's lives.

It's a premier example of buying people time, and doing profound-short-term good, while we work to eventually change the system. You might not think there will be any such progressive justices running in your district, but you won't know unless you do your research. (More on "research" in a moment.)

The candidates you elect to your non-partisan city council will determine whether those laws criminalizing homelessness get passed, how many blank checks the police get to surveil and oppress, and whether lifesaving harm reduction programs, like needle exchanges and even fentanyl test strips, are legal in your municipality. Your non-partisan school board might need your vote to fend off Moms for Liberty candidates and their ilk, who want to ban every book with a queer person or acknowledgement of racism in it.

Of course, this begs the question — if these candidates are non-partisan, and often hyper-local, then how do I research them? There's so much less information and press about them, so how do I make an informed decision?

I'm not an expert, myself. But I do think/hope I have enough tips to consist of a useful conclusion to this post:

Plan ahead. If you vote in person, figure out what's on your ballot before you show up and get jumpscared by names you don't know. Find out what's on your ballot beforehand, and bring notes with you when you vote. Your city website should have a sample ballot, and if they drop the ball, go to Ballotpedia.

Ballotpedia in general, speaking of which. Candidates often answer Ballotpedia's interviews, and if you're lucky, you'll also get all the dirt on who's donating to their campaign.

Check endorsements. Usually candidates are very vocal about these on their websites. If local/state progressive leaders and a couple unions (not counting police unions lol) are endorsing a candidate, then that's not the end of my personal research process per se, but it usually speeds things up.

Check the back of the ballot. That's where non-partisan races usually bleed over to. This is the other reason why notes are helpful, because they can confirm you're not missing anything.

I've seen some misconceptions in the reblogs, so an addendum to my point about bringing notes on the candidates: I strongly suggest making those notes a physical list that you bring polling place with you. Many states do allow phones at the polling place, but several states explicitly don't — Nevada, Maryland, and Texas all ban phones, and that may not be an exhaustive list. There may also be states that allow individual city clerks to set policies.

You should also pause and think before you take a photo of your ballot, because even some states that don't ban phones still ban ballot photographs. But whether it's a photo, or just having your phone in general — in an environment as high-risk for voter suppression as the current one, you don't want even a little bit of ambiguity about your conduct. Physical notes are your friends.

[lawtoppers]

Madras High Court Denies Bail to YouTuber G Felix Gerald Over Savukku Shankar Interview

Madras High Court's decision highlights the balance between free speech and legal accountability in the digital age. Read more about the implications for digital media and content creators.

Madras High Court’s Decision on YouTuber G Felix Gerald Madras High Court’s Decision on YouTuber G Felix Gerald Published on June 25, 2024 Background and Allegations The Madras High Court recently refused bail to YouTuber G Felix Gerald, who was booked for his interview with Savukku Shankar. The case has garnered significant attention due to its implications for freedom of expression and the…