Wednesday, October 27, 2010

CANDIDATES SHORT LISTED FOR VIVA VOCE

DIRECT RECRUITMENT TO THE POST OF DISTRICT JUDGE
(ENTRY LEVEL) - CANDIDATES SHORT LISTED FOR
VIVA VOCE

 

to see the list of candidates click the link below:

http://www.hcmadras.tn.nic.in/dj-shortlisted.pdf

Note : The information regarding the date, time, venue and other
instructions for the viva voce would be individually intimated to the
above short listed candidates.

The results

DIRECT RECRUITMENT TO THE POST OF DISTRICT JUDGE
(ENTRY LEVEL) IN TAMILNADU JUDICIARY.

MARKS OBTAINED BY THE CANDIDATES
IN THE WRITTEN EXAMINATION HELD ON 03.10.2010.

to see the results click the link below:

http://www.hcmadras.tn.nic.in/dj-markslist.pdf

Friday, October 22, 2010

All India Bar Examination-Details.


The first All India Bar Examination, to be conducted on December 5, 2010 is intended to test an advocate’s ability to practice the profession of law in India. As this is the first time that this examination will be conducted, it will assess capabilities at a basic level, and is intended to set a minimum standard for admission to the practice of law; it addresses a candidate’s analytical abilities and basic knowledge of law.

The notification bringing the All India Bar Examination into force was passed by the Legal Education Committee and the members of the Bar Council of India at duly constituted meetings on April 10, 2010 and April 30, 2010.

Click here to see the presentation on the All India Bar Examination.

Click here to browse Frequently Asked Questions about the All India Bar Examination. [Click here to view FAQs in Hindi]

Click here to view instructions on how to fill up the OMR Application Form for the All India Bar Examination.

You can view instructions on how to fill up the application form in the video below

http://www.youtube.com/watch?v=ubnkl3Q7uXg&feature=player_embedded

Please write to barexam@barcouncilofindia.org if you have any questions.

Thursday, October 21, 2010

Any person who is deprived of peaceful life on account of the nuisance created by a liquor shop can challenge it. The Madras HC held.

THE MADRAS HIGH COURT.

DATED: 19 - 7 - 2010

CORAM

THE HONBLE MR.JUSTICE ELIPE DHARMA RAO

AND

THE HONBLE MR. JUSTICE K.K.SASIDHARAN

W.A.No. 1353 of 2010

The Tamil Nadu State Marketing Corporation Ltd.,

Rep.by its Managing Director

CMDA Tower II, Chennai. .. Appellant.

Versus

1. R.M. Shah

2. J. Sandeep

3. Commander O.A. Nair (Retd.)

BO, 13-B Orms Road

Kilpauk, Chennai.

4. Praful.C. Pargel

5. The Deputy Commissioner of Excise

& District Revenue Officer

6. The Collector of Chennai

Singaravelan Maligai

Rajaji Salai, Chennai. .. Respondents For Appellant : Mr.J. Ravindran

For RR 5 & 6 : Mr. G. Desingu, Spl. GP

Writ Appeal is preferred under Clause 15 of the Letters Patent against the order of the learned single judge in W.P.No. 38494 of 2005 dated 08.6.2010. ORDER

( made by ELIPE DHARMA RAO, J. )

The appellant challenges the order dated 08.6.2010 in W.P. No. 38494 of 2005 whereby and whereunder the learned Judge directed the closure of the liquor shop-cum-Bar run by the Tamil Nadu State Marketing Corporation Ltd., (for short,TASMAC) at Door No. 12/4 Ormes Road, Kilpauk.

2. The residents of Ormes Road preferred the Writ Petition in W.P.No.38494/05 for shifting the liquor shop- cum Bar at Door No.12/4 at Ormes Road, Kilpauk. The main grievance of the respondents 1 to 4 before the learned single Judge was that the location of the shop was highly objectionable as it was situated in a residential area, very near to a Girls School and a temple. The customers coming to the shop, after consuming liquor, used to threw the bottles indiscriminately all over the road and very often misbehaved with the local residents thereby creating lot of nuisance to the public. Though several representations were sent, there was no followup action, which made them to file the writ petition.

3. The TASMAC filed a counter affidavit contending that there was a private wine shop in the very same premises earlier for which there was no objection and that the area is not a pure residential area in view of the presence of commercial establishments in the street. It was further stated that the complaint sent by the writ petitioners were duly answered by the Corporation.

4. The learned single Judge, after hearing the learned counsel for the parties and the materials placed for consideration including the report of the Joint Commissioner of Police and the Topo sketch showing the location of the shop vis-`-vis the school and the temple, allowed the writ petition, and directed closure of the liquor shop within a period of four weeks from the date of receipt of the order. Challenging the same, the writ appeal has been filed by the TASMAC.

5. Heard the learned counsel for the appellant.

6. Learned Standing Counsel for the Appellant would submit that the TASMAC shop is not located within the prohibitory distance as contemplated in the Rules. According to him previously a private wine shop was located in the very same place, which is a commercial area, and nobody objected to the functioning of the liquor shop. It was only when TASMAC opened the Bar, the so-called residents have raised their objections. The learned counsel would further submit that the business of TASMAC would be reduced considerably in case of such shifting. Therefore he seeks to set aside the order passed by the learned Judge.

7. It is a matter of record that pursuant to the direction of the learned single Judge, the Joint Commissioner of Police filed a report which shows that there has been several nuisance cases filed against various persons by the G.3 Kilpauk Police Station (L & O) and between 2005 and 2006, 10 cases have been registered under Section 75(1)(b) of the Madras City Police Act. It is also clear from the report that the accused in the said cases have been fined by the respective Magistrates. The learned Judge, taking note of the safety of the school going children, ordered the closure of the liquor shop.

8. The principal contention of the learned Counsel for the appellant pertains to the distance rule. According to the learned Standing Counsel the liquor shop was located beyond the prohibited zone prescribed under the Tamil Nadu Liquor (Retail Vending) Rules and therefore the learned single Judge was not justified in directing the appellant to shift the shop on the alleged ground of Public nuisance.

9. It is true that the retail vending rules provide that no shops shall be established within a distance of 50 metres in Municipal Corporations and Municipalities and 100 metres in other areas, from any place of worship or educational institutions. However, that does not mean that the liquor shops so established would get a licence automatically to cause nuisance to the local people. The prescription of distance for opening the Bar is a matter between the state and the excise licensees. Merely because the shop is situated beyond the distance stipulated in the rules it cannot be said that there would be no nuisance to the people of the area. The distance rule takes care of only the place of worship or educational institutions. It does not say that the liquor shops should be away from residential houses. The nuisance created by the drunkards would extend even beyond the safety area prescribed under the rules. Therefore it all depends upon the facts and circumstances of each case. The factum of location of the shop beyond the prohibited distance would not come to the rescue of the licensee of liquor shops in the event of there being perennial nuisance to the residents of the area.

10. The appellant is right in their contention that there is nothing in the statute which prohibits conduct of liquor bar in residential zone. But such absence of restriction would not stand in the way of challenging the location of liquor bars which causes nuisance to the residents of the area.

11. It is a fact that some of the liquor shops are functioning from early morning till midnight without adhering to the time schedule. Therefore the fact that the liquor shop has been functioning in the area for a considerable period cannot be put against the public when they approach the authorities with complaints of nuisance accompanied by a request to shift the liquor outlet. It is not as if the liquor shop would earn business only if it is located in a commercial or residential area.

12. However, there is a word caution. The attempt of the public should not be to shift the liquor shop in a selective manner. There should be public interest behind any such move. The request for such closure should not be with a hidden agenda and the allegations of nuisance should not be at the instance of rival traders in liquor.

13. There is nothing on record to suspect the bonafides of the respondents 1 to 4 in their request to shift the liquor Bar. 14 Therefore we reject the contention of the appellant that no direction could be issued to shift the liquor shop in case the shop is located beyond the prohibited distance.

15. The right to life guaranteed under Art. 21 would include every aspect of life so as to make the life real and meaningful. The right to lead a peaceful life without any kind of nuisance has to be considered as one among the many facets of Article 21. India is a welfare state. The state is expected to promote the well being of its people. It is true that the State have to generate funds for undertaking welfare measures. The trade in liquor otherwise known as Res-extra-commercium is a major source of revenue to the state. But the generation of revenue should not be at the expense of the peaceful life of the people.

16. The Code of Criminal Procedure 1973 contains provisions for abatement of nuisance. Section 133 of the Code of Criminal Procedure 1973 reads thus:

133. Conditional order for removal of nuisance.(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers (a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or (c ) ..

..

(d) ..

.

(e) .

(f) ..

Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance , tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order (i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such

manner as may be directed, such trade or occupation, or to

remove such goods or merchandise, or to regulate the

keeping thereof in such manner as may be directed; or

16. Therefore in the event of there being a public nuisance in a particular area the people are not without a remedy. The nuisance caused to the public on account of the functioning of liquor shops would give a cause of action to the affected people to approach the Magistrate under Sec.133 of Cr.P.C. or to take other legal measures to abate such nuisance.

17. The Supreme Court had an occasion to consider the scope of section 133 of Cr.P.C. in Ratlam Municipal Council case (1980(4) SCC 162). The Supreme Court held that Section 133 is categoric, although reads discretionary; and judicial discretion when facts for its exercise are present, has a mandatory import. It was also held that discretion becomes a duty when the beneficiary brings home the circumstances for its benign exercise. The Supreme Court further observed thus: 9. So the guns of Section 133 go into action wherever there is

Public nuisance. The public power of the magistrate under the

Code is public duty to the members of the public who are victims

of the nuisance, and so he shall exercise it when the jurisdictional

facts are present as here.

18. The learned Judge was armed with a report of the Joint Commissioner of Police which contains the details of nuisance cases registered in the locality. Therefore it cannot be said that the direction to shift the liquor shop was issued without basic materials.

19. There is no static measure of nuisance which can be applied to all situations alike. It is for the court to decide on the basis of materials as to whether the extent of nuisance was sufficient to direct the closure of liquor shop located in a particular area.

20. Therefore we are of the considered view that any person who is deprived of peaceful life on account of the nuisance created by a liquor shop could challenge the action in locating the shop in a residential or semi-residential locality as offending the right to life guaranteed under Article 21 of the Constitution of India notwithstanding the fact that the liquor shop satisfies the distance criteria.

21. In case the statutory authorities consider these local issues with a sense of responsibility there would be no occasion for the common man to approach the courts with Public Interest Litigation adding numbers to the Himalayan arrears in courts. The authorities should be sensitive to such issues of public importance. They should also realize that the people of this great nation are the political custodian of power and the Government is accountable to the people.

22. The Supreme Court in Ratlam Municipal Council case cited supra observed thus:

The pressure of the judicial process,expensive and dilatory, is neither necessary nor desirable if responsible bodies are responsive to duties.

23. When we have expressed our view that the respondents 1 to 4 clearly made out a case for shifting the liquor shop from the subject location on account of nuisance, the learned standing counsel for the appellant took time to file an affidavit agreeing to shift the shop. Subsequently the Chief General Manager of TASMAC as per his affidavit dt. 19th July,2010 agreed to shift the Liquor Shop No. 717 functioning at Door No.12/4 Ormes Road, Kilpauk, Chennai-10 to another place and made a request for granting reasonable time for such shifting. In view of the said submission we grant six weeks time to the appellant to comply with the order passed by the learned single judge.

24. The Writ Appeal is dismissed with the above observation. No costs.

Sunday, October 17, 2010

Few days at ‘GOA’

‘Goa’ is wonderful place to burst your stress….

Motor sports and Boat Cruises are breath-taking.

I took few snaps worth publishing here…..

IMG_0678IMG_0631IMG_0637IMG_0643IMG_0649IMG_0651IMG_0653IMG_0654IMG_0657IMG_0662IMG_0663IMG_0666IMG_0668IMG_0669IMG_0670IMG_0671IMG_0672IMG_0673IMG_0675IMG_0677

Friday, October 1, 2010

Complete Judgments on Ayodhya site cases.

 

To read the complete judgment on the Ayothi site cases click the following link.

http://elegalix.allahabadhighcourt.in/elegalix/StartWebSearch.do

---------------------------------------------------------------------------------------------------------------------

1
ISSUES FOR BRIEFING
1. Whether the disputed site is the birth place of Bhagwan
Ram?
The disputed site is the birth place of Lord Ram. Place of
birth is a juristic person and is a deity. It is personified as the
spirit of divine worshipped as birth place of Lord Rama as a
child.
Spirit of divine ever remains present every where at all
times for any one to invoke at any shape or form in accordance
with his own aspirations and it can be shapeless and formless
also.
2. Whether the disputed building was a mosque? When
was it built? By whom?
The disputed building was constructed by Babar, the year
is not certain but it was built against the tenets of Islam. Thus, it
cannot have the character of a mosque.
3. Whether the mosque was built after demolishing a
Hindu temple?
The disputed structure was constructed on the site of old
structure after demolition of the same. The Archaeological
Survey of India has proved that the structure was a massive
Hindu religious structure.
4. Whether the idols were placed in the building on the
night of December 22/23rd, 1949?
The idols were placed in the middle dome of the disputed
structure in the intervening night of 22/23.12.1949.
2
5. Whether any of the claims for title is time barred?
O.O.S. No. 4 of 1989, the Sunni Central Board of Waqfs
U.P., Lucknow and others Vs. Gopal Singh Visharad and others
and O.O.S. No.3 of 1989, Nirmohi Akhara and Another Vs. Sri
Jamuna Prasad Singh and others are barred by time.
6. What will be the status of the disputed site e.g. inner
and outer courtyard?
It is established that the property in suit is the site of
Janm Bhumi of Ram Chandra Ji and Hindus in general had the
right to worship Charan, Sita Rasoi, other idols and other object
of worship existed upon the property in suit. It is also
established that Hindus have been worshipping the place in
dispute as Janm Sthan i.e. a birth place as deity and visiting it as
a sacred place of pilgrimage as of right since time immemorial.
After the construction of the disputed structure it is proved the
deities were installed inside the disputed structure on
22/23.12.1949. It is also proved that the outer courtyard was in
exclusive possession of Hindus and they were worshipping
throughout and in the inner courtyard (in the disputed
structure) they were also worshipping. It is also established that
the disputed structure cannot be treated as a mosque as it
came into existence against the tenets of Islam.
*********

 

Decision of Hon'ble Special Full Bench hearing Ayodhya Matters


Date of Judgment :- 30.9.2010

Coram :-

Hon'ble Sibghat Ullah Khan ,J.
Hon'ble Sudhir Agarwal, J.
Hon'ble Dharam Veer Sharma, J.

Gist of Judgments Per

Hon'ble Sibghat Ullah Khan ,J.
Hon'ble Sudhir Agarwal, J.
Hon'ble Dharam Veer Sharma, J.

Gist of Judgment
Gist of Judgment
Issues for Briefing
Brief Summary

Case Details

1.
Other Original Suit No. 1 of 1989
  Gopal Singh Visharad (Now Dead) & Others
               Vs.
   Zahoor Ahmad & Others

2.
Other Original Suit No. 3 of 1989
  Nirmohi Akhara & Others
               Vs.
  Baboo Priya Dutt Ram and Others

3.
Other Original Suit No. 4 of 1989
  The Sunni Central Board of Waqfs U.P.& Others
               Vs.
  Gopal Singh Visharad (Now Dead) & Others.

4.
Other Original Suit No. 5 of 1989
  Bhagwan Sri Ram Virajman and Others
               Vs.
   Rajendra Singh and Others

Judgments Per

Hon'ble Sibghat Ullah Khan ,J.
Hon'ble Sudhir Agarwal, J.
Hon'ble Dharam Veer Sharma, J.

Consolidated Judgment in
OOS No. 1 of 1989,
OOS No. 3 of 1989,
OOS No. 4 of 1989 &
OOS No. 5 of 1989

Consolidated Judgment in
OOS No. 1 of 1989,
OOS No. 3 of 1989,
OOS No. 4 of 1989 &
OOS No. 5 of 1989
: Vol 1
Judgment in OOS No. 1 of 1989

  - do -
: Vol 2
Judgment in OOS No. 3 of 1989

  - do -
: Vol 3
Judgment in
OOS No. 4 of 1989
: Vol 1

  - do -
: Vol 4
Judgment in
OOS No. 4 of 1989
: Vol 2

  - do -
: Vol 5
Judgment in
OOS No. 4 of 1989
: Vol 3

  - do -
: Vol 6
Judgment in
OOS No. 4 of 1989
: Vol 4

  - do -
: Vol 7
Judgment in OOS No. 5 of 1989

  - do -
: Vol 8
Index of Annexure - I to III

  - do -
: Vol 9
Annexure - I

  - do -
: Vol 10
Annexure - II

  - do -
: Vol 11
Annexure - III

  - do -
: Vol 12
Page wise Index of Annexure IV

  - do -
: Vol 13
Annexure IV - Page 1 to 125

  - do -
: Vol 14
Annexure IV - Page 126 to 128

  - do -
: Vol 15
Annexure IV - Page 129 to 162

  - do -
: Vol 16
Page wise Index of Annexure V

  - do -
: Vol 17
Annexure V - Page 1 to 14

  - do -
: Vol 18
Annexure V - Page 15 to 59

  - do -
: Vol 19
Annexure V - Page 60 to 117

  - do -
: Vol 20
Annexure V - Page 112A

  - do -
: Vol 21*
Annexure V - Page 118 to 189

Annexure V - Page 190 to 220

Annexure V - Page 221 to 281

*Vol 21 Per Hon'ble Sudhir Agarwal J. includes :

  1.
Appendix 8 : General Index

  2.
Appendix 9 : Citation Index

  3.
Appendix 10 : Reference Book Index