Professional Documents
Culture Documents
15 October 2015
CONTENTS
1. The Russians ve Come!
1
2. Historical inevitability or
2,
Electoral corruption? (33) [IMS] 83
3. Autobiography of Martyr
Ramprasad Bismil (12)
3-4
4. First, Do No Harm ! Less
Medicine, More Health !
5-6
Sthabir Dasgupta
81-82
84
Life Subscription:
Rs. 12,000/-
No. 19
Kudos heroic Khurdish
Women fighters!
Hero
Long live Secular
Netanyahu, Israel
Obama, U.S.
Not comfortable with each other
Putin, Russia
New found friendship?
Netanyahu
Jihadi John
Democratic
Khurdistan!
Oh, the Russians are coming, coming was a constant cry of the British
imperialists in the 19th century in Afghanistan-Iran region; then it became
Oh, Bolsheviks are coming, coming! in the early 20th century and finally
to Oh, the Soviets have come, drive them out! scare by the US-UK axis
in the 60s and 70s, which in fact created all the fiasco in the regions now.
But now the Russians have come, on their own right and might, to the
Middle East; yet, not seen as any oppressors but as real liberators from a
most horrific religious fundamentalist terrorist regime in the world, which
in fact has been created and aided by the American imperialists and their
malevolent allies, though for public consumption these same Frankensteins
proclaimed a phony war against their progeny. The relieving effect of
Putins entry and vigorous attacks in the region to protect their protg
Assad of Syria, as well the persecuted and fast-being-eliminated minority
communities therein, is so profound and obvious that even Netanyahu, the
belligerent leader of Israel, with constant enmity toward Syria, Hezbollah
and Iran, has begun to see the light of the day and cultivate friendship with
Russia now. Putin, on his part, seems to have assured Israel that nothing
detrimental to its existence and security was intended by him. Also,
President Obama has been propagating a supportive agenda of all Muslim
terrorist organizations and acting in a way quite uncomfortable to the
interests of Israel in the region. And it appears that public opinion in
Israel, as also in Europe in general, is heavily in favor of Putin and lauding
him as a virtual hero-deliverer. Of course, one also notices the severe
embarrassment displayed by Obama and the Western leaders in this
context, who are time and again warning that they would take serious steps
to counter the Russian invasion in case their allied Muslim terrorist outfits
in the region are seriously attacked. But it is well known that the
reactionary regime in Turkey is already acting as a proxy to the ISIS, and
Putin has seriously warned the Turkish leaders of nemesis in case they
continue so. So, one has to wait and watch whether further developments
lead to any great war on a worldwide scale, but certainly this editor firmly
supports the Russian intervention and desires the total destruction of the
imperialist and fundamentalist forces.
1
NOTE: The opinions and comments in the editorials are exclusively the Editors and
need not necessarily reflect the approval or consent of all or any of the
editorial advisors or of the publisher even - IMS.
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- I. Mallikarjuna Sharma
(Go to p. 83)
Law Animated World, 15 October 2015
PART 2:
2.7 Pandit Gendalal Dikshit:
Due to police firing, Brahmachari
received many bullet injuries all
over his body. A pellet struck the
left eye of Pandit Gendalalji and his
eyesight in the left eye began to vanish. While
some persons died due to poison, yet some others
fell to police bullets and thus 25-30 members out
of 80 or so total members of the squad lost their
lives. All the rest were captured and taken to and
locked up in the Gwalior Fort. Somehow coming
to know of this incident, I and some other
members of our society went to meet Pandit
Gendalalji and others inside the Gwalior Fort,
when Panditji informed us about all these
happenings through a chit (letter). In that course,
one day we also fell in trouble having become
suspects of the police in the Gwalior Fort and it
was with much difficulty and through the good
offices of an officer there, that we could come out
unscathed from the Fort.
When the Mainpuri Conspiracy case
prosecution began, the State Government called
for and brought Pandit Gendalalji from Gwalior
State. The water and air inside Gwalior Fort was
quite detrimiental to health and Panditji
contracted T.B. there. As such Panditji could not
walk even the distance from Mainpuri Railway
Station to the Jail at a stretch and had to stop and
take rest for 10-11 times in the middle. When the
police enquired about his situation, Panditji
replied to them: I will tell you all the details [of
our activities]. Why have you arrested all these
young boys? Police officers trusted him, took
him out of the jail and kept him along with the
other government witnesses in another place.
There Dikshit ji learnt about all the
information about the case and police activities
[from other witnesses] and one night, taking
along with him another government witness, he
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Analytical
MONTHLY REVIEW
Editor: SUBHAS AIKAT
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has become the victim of its own creation: the more you
do the less (or the worse) you get!
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***
Sushil Ansal
Appellant
Respondent.
JUDGMENT
ANIL R. DAVE, J.
Versus
CORAM:
ANIL R. DAVE, J.
KURIAN JOSEPH, J.
ADARSH KUMAR GOEL, J.
***
Short Notes: Upahaar Cinema Burning Tragedy Case
This is a short but important decision regarding the well
known Upahaar Cinema burning accident tragedy in Delhi
which took the lives of scores of persons. The basic cause was
proved to be a defective electrical transformer in the premises
of the Cinema theatre the breakdown of which generated
immense flames that spread into the air-conditioned theatre
and the persons in the balcony for whom only one exit was
available could not escape the fury of those flames and toxic
gases like Carbon Monoxide emanating therefrom. The
owners of the Theatre were found to be criminally liable,
convicted and sentenced to one year imprisonment by the trial
court which the Supreme Court in its appellate jurisdiction
enhanced to maximum of 2 years under Section 304A IPC but
one of the judges was prepared to offset the extra one year for
a heavy fine of 100 crores each for the convicts owners which
sum was to be used to set up a Trauma Center or one already
existing for the benefit of patients in emergencies. Per the
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11
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***
Short Notes: DELAY AND LACHES CAN BE FATAL:
Overriding the decisions of both the single Judge and the
Division Bench of the High Court of Jammu & Kashmir, the
Apex Court in this case threw out the claims of respondent on
the question of delay and laches in approaching the writ court
for relief, which question was queerly not addressed at both
levels by the High Court, saying the grievance agitated by
the respondent did not deserve to be addressed on merits, for
doctrine of delay and laches had already visited his claim like
the chill of death which does not spare anyone and further
that a writ court while deciding a writ petition is required to
remain alive to the nature of the claim and the unexplained
delay on the part of the writ petitioner. Stale claims are not to
be adjudicated unless non-interference would cause grave
injustice. The present case, needless to emphasize, deserved to be
thrown overboard at the very threshold, for the writ petitioner
accepted the order of dismissal for half a decade and cultivated
the feeling that he could freeze time and forever remain in the
realm of constant present.
***
JUDGMENT
DIPAK MISRA, J.
1. The first respondent was served with a
Memorandum of Charges on 16th September,
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*****
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JUDGMENT
N.V. RAMANA, J.
1. Leave granted.
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ADVERTISEMENT TARIFF:
Inner cover page: Rs. 12,000/-;
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JUDGMENT
M.Y. EQBAL, J.
Appellants
Versus
Respondents.
Appellant(s)
Respondent(s).
***
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disposed of.
33. In the case of Amba Bai and others v. Gopal
and others, 2001(5) SCC 570, this Court was
considering the case where a suit for specific
performance by one plaintiff against the
defendant was finally allowed in appeal and the
suit was decreed. During the pendency of Second
Appeal by the defendant in the High Court, the
plaintiff died and his legal representatives were
brought on record. Subsequently, the defendant
also died, but this fact was not brought to the
notice of the Court and the appeal was dismissed.
In those facts this Court considering the provision
of Order 22 Rule 3 of the Code held that in a
case where the plaintiff or the defendant dies and
the right to sue does not survive, and
consequently the Second Appeal had abated and
the decree attained finality inasmuch as there
cannot be merger of the judgment or decree
passed in Second Appeal with that passed in the
First Appeal. The said decision therefore, in our
considered opinion will not apply in the present
case. In the instant case, there are more plaintiffs than
one and one of them died and the right to sue survives
upon the surviving plaintiffs. In the said circumstances
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say that when Order 22 Rule 4 does not provide for the
abatement of the appeals against the co-respondents of
the deceased respondent there can be no question of
abatement of the appeals against them. To say that the
appeals
31
against
them
abated
in
certain
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..
32. But, in our view also, as to what those
circumstances are to be, cannot be exhaustively
enumerated and no hard-and-fast rule for
invariable application can be devised. With the
march and progress of law, the new horizons
explored and modalities discerned and the fact
that the procedural laws must be liberally
construed to really serve as handmaid, make it
workable and advance the ends of justice,
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(1) Where an appeal is heard by a Bench of two
or more Judges, the appeal shall be decided in
accordance with the opinion of such Judges or of
the majority (if any) of such Judges.
(2) Where there is no such majority which
concurs in a judgment varying or reversing the
decree appealed from, such decree shall be
confirmed:
Provided that where the Bench hearing the
appeal is composed of two or other even number
of Judges belonging to a Court consisting of
more Judges than those constituting the Bench
and the Judges composing the Bench differ in
opinion on a point of law, they may state the
point of law upon which they differ and the
appeal shall then be heard upon that point only
by one or more of the other Judges, and such
point shall be decided according to the opinion of
the majority (if any) of the Judges who have
heard the appeal including those who first heard
it.
(3) Nothing in this Section shall be deemed to
alter or otherwise affect any provision of the
letters patent of any High Court.
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noted
above. It is, therefore, not possible to agree with
the reasoning of the High Court in the impugned
judgment to the effect that clause 36 of the
Letters Patent does not deal with a situation
where there is conflict of decisions between the
two learned Judges of the Bench sitting in review
against the earlier judgment of the Division
Bench of the High Court.
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Inam and/or confiscated by the State. In any of
these eventualities, there cannot be change of
location and existence together with extent of
survey No. 613. We are at a loss to understand as
to how there can be duplicate survey numbers in
the same village. Similarly it is [not]
understandable as to how patta land can be
confiscated and under which law such an action
can be justified.
58. The learned judge further observed:The learned Advocate General had vehemently
submitted that entries in Revenue Records can
neither create title nor they take away title. He
has further submitted that in order to make out a
case of declaration of title, the plaintiff is
obligated to establish the flow of title by
producing the link documents and established
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By any stretch of imagination, [it cannot be deemed
that?] the heirs of Raja Shivaraj Dharmmavanth
Bahadur were awarded commutation amount to
foreclose their rights under the above
proceedings. Even if the appeals were dismissed
after remand order passed by the High Court, the
commutation amount, if any awarded under
Ex.B-2 is only for the lands which are not
covered by proceedings under Ex.B-1. Further,
as per Khasra Pahani, the land revenue account
of late Raja was Khata No. 3. The said fact has
been admitted in the written statement. Whereas
Ex.B-2 and B-27 are in respect of Khata No. 6,
which should obviously be different from the
revenue account of late Raja i.e. Khata No. 3.
Therefore, it can safely be concluded that Exs. B2 and B-27 do not pertain to the lands of which
late Raja was Khatadar/pattadar. Further, it was
categorically stated in NB(1) of Ex. B-2 that the
award will be implemented on the payments side
after carefully checking and reconciling the
number of jagir villages as furnished by the
estate authorities with the list recently received
from the Atiyat Department, so as to keep the
commutation sum of villages shown in list No.
III attached to Nazim Saheb Atiyats L.No.1884
dt. 27-2-1958 in reserve as ordered by the Board
of Revenue in their letter No. U/993/58/Atiyat dt.
12-4-1958. So, the amounts so mentioned are not
conclusive but were ordered to keep in reserve
[sic to be kept in reserve] until rights of the parties
are decided in separate proceedings. Therefore, it
Pahani for the year 1954-55 covered under Ex.B19(a), it was shown as S.No. 119 and extent is
shown as Ac. 355-12 guntas and column No. 6
was shown as Sirkari and land name is Khas
Sagu (cultivated self). D.Ws.1 and 2, who
entered into the witness box have not clarified as
to how two different Khasra pahanies were
maintained, namely, in the khasra pahani for the
year 1954-55, Raja Sivaraj Dharmavanth
Bahadur has been recorded as Pattadar and
Khatadar of S.No. 613 admeasuring 373-22,
another Khasra Pahani covered under Ex.B19(a), S.No. 119 of Nadergul is admeasuring Ac.
355-12 guntas which is Sirkari but Sivaraj Ilaka.
It is admitted by the defendants that total survey
numbers in Nadergul village are 875. The village
map which was marked by the plaintiffs shows
original 875 survey numbers and the new series
of 1 to 194 survey numbers. It is admitted in the
first written statement filed by the fifth defendant
that suit land was confiscated to the State and
how the same was confiscated to the State and
under what proceedings the land was confiscated
has not be stated. In the amended written
statement, State has taken several alternative and
inconsistent defences by contending that
Nadergul village is Inam Dastagardan. Even if
we accept that is Inam Dastagardan, it is only a
suspense account and rights of the parties have to
be determined under Inams Abolition Act. There
is no proof that the land has been treated as
government land and confiscated to the State.
Once it is recorded that S. No. 119 admeasuring
Ac.1-20 guntas belongs to Gaddam Mallaiah,
how the same survey Number i.e. 119 can be
recorded as having an extent of Ac. 355-12
guntas, shown it as government land. D.Ws.1
and 2 have not properly explained the same in
their evidence.
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the State proves that the said land has been confiscated
or vest in the State under Jagir Abolition Act on
abolition of jagirs or for non filing of declaration, the
property vest in the Government under the provisions of
Andhra Pradesh Land Reforms (Ceiling on Agricultural
Holdings), 1973, mere mentioning Sarkari in
subsequent pahanies or giving duplication S.No. 119,
title of the original owner will not vanish and it
continues to be vest with them. In Khasra Pahani for
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*****
IN RETROSPECT
{Sagas of heroism and sacrifice of Indian
revolutionaries during freedom struggle}
49
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Petitioner
Respondents.
Versus
***
JUDGMENT
ARUN MISHRA, J.
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far-fetched,
imaginary
and
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un-
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petitioner has annexed full text of some of the emails along with rejoinder. However, substance
of the e-mails remains the same. Though the
petitioner has also mentioned in the rejoinder
affidavit that he has filed complaint with the DIG
(Police), Economic Offences Wing, Delhi Police
regarding unauthorized hacking of his e-mail
account. It is not understandable a senior officer of
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was not acting bona fide and was catering to the interest
elsewhere. Even if we ignore his antecedents
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quiet for 9 years had taken Mr. K.D. Panth with himself
to the SIT on 25.3.2011 and insisted that Mr. Panth
should be examined in his presence. It was not expected
of a senior officer like petitioner to act in the aforesaid
manner. Effort of petitioner to examine Mr. K.D.
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45. Not only the fair trial but fair investigation is also
part of constitutional rights guaranteed under Articles
20 and 21 of the Constitution of India. Therefore,
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police may carry out the investigation, the same will lack
credibility since the allegations are against them. It is
only with that in mind that we having thought it both
advisable and desirable as well as in the interest of
justice to entrust the investigation to the Central Bureau
of Investigation forthwith and we do hope that it
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Rajasthan State Road Transport Corporation v. Alexix Sonier & Ors. [IND-SC]
Appellant(s)
Respondent(s).
Versus
RANJAN GOGOI, J.
R.K. AGRAWAL, J.
***
Short Notes:
PLEASE NOTE
We are bringing out an October Revolution special
issue in November 2015 merging issues Nos. 21 and 22
of the journal and for publication in it we request
scholarly articles on any aspect of Socio-economic
Justice in post-colonial India or New concepts and
ideologies of Socialism in the World to be sent to reach
us on or before 30 October 2015. - I.M. Sharma, Editor.
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***
JUDGMENT
R.K. AGRAWAL, J.
Civil Appeal No. 2967 of 2012
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Rajasthan State Road Transport Corporation v. Alexix Sonier & Ors. [IND-SC]
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(b)
Expenses incurred on
treatment in India
Dollars
1,00,000/125,348.01
25,000.00
4,00,000/408,000.00
81,584.00
60,000.00
1,61,954/-
10,00,000/-
(ii)
10,00,000/$699,932.01
Rs.
27,15,954/-
Special Damages
4,000/-
(i)
TOTAL
(a)
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Rupees
50,000/-
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as reimbursement has to be handed over to the MediCal Department. In the present case, we find that
this count is justified and the amount of Rs. 2,00,000/claimed by the claimant under the aforesaid head should
be awarded in full. We order accordingly.
*****
78
Zunera Ishaq talks to reporters outside the Federal Court of Appeal after her case
was heard on whether she can wear a niqab while taking her citizenship oath, in
Ottawa on Tuesday, September 15, 2015. THE CANADIAN PRESS/Patrick Doyle
*****
79
There
is no requirement in
the Quran for Muslim women
to cover their faces: Muslim
Canadian Congress, 2009
Its time to take the veil off the lies Islamists tell and
to ban the niqab and burka from all public places. Finally,
use them as a reference point for students studying the
effects of brainwashing.
*****
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82
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( Carried from p. 2 )
*****
Party. In his later days, he was strongly opposed to
the partition of India. He served as a member of the
Madras Legislative Council from 1913 to 1916, Imperial
Legislative Council of India from 1916 to 1919 and the
Council of State from 1920 to 1925. He also functioned
as India's delegate to the League of Nations, as member
of the Privy Council of the United Kingdom and agent to
the Union of South Africa. He gained worldwide fame for
his prowess in the English language; was a close follower
of Gopal Krishna Gokhale; also a close friend of
Mahatma Gandhi . Sastri was made a "Companion of
Honour" in 1930. In 1921, the Freedom of the City of
London was conferred on him, followed by the Freedom
of the City of Edinburgh in 1931. {Wikipedia}
84
Theodore Tilton
Theodore Tilton
Theodore Tilton
- Theodore Tilton *
Once in Persia reigned a king,
Who upon his signet ring
Graved a maxim true and wise,
Which, if held before his eyes,
Gave him counsel at a glance
Fit for every change and chance.
Solemn words, and these are they;
"Even this shall pass away."
Trains of camels through the sand
Brought him gems from Samarqand;
Fleets of galleys through the seas
Brought him pearls to match with these;
But he counted not his gain
Treasures of the mine or main;
"What is wealth?" The King would say;
"Even this shall pass away."
'Mid the revels of his court,
At the zenith of his sport,
When the palms of all his guests
Burned with the clapping at his jests,
He, amid his figs and wine,
Cried, "O loving friends of mine;
Pleasures come but do not stay;
'Even this shall pass away'."
Lady fairest ever seen,
Was the bride he crowned his queen.
Pillowed on his marriage bed,
Softly to his soul he said:
"Though no bridegroom ever pressed
Fairer bosom to his breast,
Mortal flesh must come to clay,
Even this shall pass away."
Fighting on a furious field,
Once a javelin pierced his shield;
Soldiers, with a loud lament,
Bore him bleeding to his tent.
Groaning from his tortured side,
"Pain is hard to bear," he cried;
But with patience, day by day,
Even this shall pass away."
[Theodore Tilton (b. 02-10-1835; d. 29-05-1907); An American
newspaper editor, poet and abolitionist; worked as assistant to the
Rev. Henry Ward Beecher and for eleven years, until 1874, when
he sued Beecher for adultery with his wife; Tilton later moved to
Paris where he lived unto his last.]
(Courtesy: Wikipedia &
C. Balajee, Advocate)
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Owned, Printed and Published by I. Balamani, 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan,
Hyderabad - 500082; Editor: I. Mallikarjuna Sharma; Ph: 23300284; E-mail: mani.bal44@gmail.com
andprinted at Pragati Offset Pvt. Ltd., Red Hills, Hyderabad-500 004 {Ph: 23304835, 23380000}
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