Experts & Views
Dear Learned friends,
While trying to find out whether the SICA (is still in operation or not I came across some judgments of the high courts of different states which raise questions over the credibility of the decisions pronounced by them ad shows that even the high courts do not either apply their minds or they are short of IQ or knowledge.
We all know that Sick Industrial Companies (Special Provisions) Act, 1985 for enacted for all possible revival of sick industries as per the provisions of the Act but in 2004, the President of India gave his assent to the Sick Industrial Companies (Special Provisions) Repeal Act , 2003 but the provisions of the repealing Act was to be notified by the Government to come into operation which has not been done so far till date.
In spite of the said facts and also a clear pronouncement of the Supreme Court (2006) in this regard wherein the SC asked the Government to consider the matter of notification of the repealing Act in public interest, the Jharkhand High Court, in 2008, dismissed a Writ petition which was a PIL too on the ground that the repealing Act has repealed SICA, thus no ground could be made out to adjudicate up on SICA provisions. Similarly, the Chennai High Court in 2004 accepted the fact in its judgment that the repealing Act has repealed SICA while coming into force 02.01.2004.
Two judges bench of the Jharkhand HC in the matter of Surinder Singh Sahni Vs UoI and Ors, decided on 06.05.2008 (LexDoc ID : 352594), states as follows :
"Though, neither the counsel for the petitioner nor counsel for the respondents pointed out, but it has been brought to our notice that the Sick Industrial Companies (Special Provisions) Act, 1985 stands repealed with effect from 1st January, 2004 by the Sick Industrial Companies (Special Provisions) Repeal Act, 2003. 5. The prayer of the petitioner for declaring the provisions of Section 3(1)(f)(ii) of the Sick Industrial Companies (Special Provisions) Act, 1985 as violative of Article 14 of the Constitution of India, does not therefore survive anymore since the very Act and the provisions contained therein, stands repealed. As regards the other prayers, it Is for the Government to consider' the need for making suitable arrangement for protection of the Sick Small Scale Industrial Undertakings. 6. We do not feel inclined to give any direction to the State or the Central Government in this regard. This writ application is therefore dismissed." A single bench of the Chennai High Court in the matter of Dunlop Facttory Employees Union Vs Dunlop India Ltd., Writ Petition No.25962 of 2004, decided on 21.12.2004 accepted the fact that the repealing Act has repealed SICA without going into the question whether the repealing Act has got notified or not. While at the same time the apex court in the matter of Morgan Securities and Credit Pvt. Ltd. Vs Modi Rubber Ltd., 2007 AIR SCW 350, asked the State to consider the matter of notification of the repealing Act. There may be some more judgments of high courts wherein they would have accepted that the repealing act has repealed SICA but the question arise hereto now that how could we rely on judgments of high courts or whether we get proper justice in all the high courts since in many other matters, I have seen high court judgments without merits and the matter I have referred herein only substantiates the said fact.
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all legal systems suffer from it. especially in India where case research facilities are not developed to the extent of Westlaw and Lexis - no centralized way to keep track of decisions on controlling points of law, and every now and then such unconsidered judgments do happen....
this is a grave miscarriage of justice and the judges of high courts are not supposed to make this kind of mistakes..it is severely harmful for the interest of public as well as for our judicial system which is the only hope left for us to get justice in prevailing circumstances.
"as well as for our judicial system which is the only hope left for us to get justice in prevailing circumstances"
I dont say that this is quite prevalent in higher courts but an apparent mistake of law is not expected from any of the HIgh Court. I agree that remedies are always available in such cases but who will compensate th time and money in such situations leave if the matter is extremely urgent for reasons and in the interest of parties.
Even I accept that nobody is perfect and mistakes can not be avoided at any cost but the mistakes done under such judgments can not be accepted which affects the viability of judicial decisions since we always look up to their decisions.
Sir, the mistake done by them is laughable that means they had not done their homework properly in spite of sitting at that highly important seat
Yes they made a mistake. it happens. Judges are human too. When you do a case in this area then make sure you point all this out to the judge. I will do the same. Thanks.
the conversation was not meant to tarnish reputation of judiciary but to point out some apparent flaws in our legal system.
In the matter of DR. D.C. SAXENA V. HON'BLE THE CHIEF JUSTICE OF INDIA [1997] RD-SC 607 (19 July 1997) it was held that "a citizen is entitled to bring to the notice of the public at large the infirmities from which any institution including judiciary suffers from. Indeed , the right to offer healthy and constructive criticism which is fair in spirit must be left unimpaired in the interest of the institution itself. Critics are instruments of reform but not those actuated by malice but those who are inspired by public weal. Bona fide criticism of any system or institution including judiciary is aimed at inducing the administration of the system or institution to look inward and improve its public image. Courts, the instrumentalities of the state are subject to the Constitution and the laws and are not above criticism. Healthy and constructive criticism are tools to augment its forensic tools for improving its functions. A harmonious blend and balanced existence of free speech and fearless justice counsel that law ought to be astute to criticism. Healthy and constructive criticism are tools to augment its forensic tools for improving its functions. A harmonious blend and balanced existence of free speech and fearless justice counsel that law ought to be astute to criticism. Constructive public criticism even if it slightly oversteps its limits thus has fruitful play in preserving democratic health of public institutions. Section 5 of the Act accords protection to such fair criticism and saves from contempt of court. The best way to sustain the dignity and respect for the office of judge is to deserve respect from the public at large by fearlessness and objectivity of the approach to the issues arising for decision, quality of the judgment, restraint, dignity and decorum a judge observes in judicial conduct off and on the bench and rectitude."
In P.N. Duda vs. P. Shiv Shankar [AIR 1988 SC 1208] the apex court had held that administration of justice and judges are open to public criticism and public scrutiny. Judges have their accountability to the society and their accountability must be judged by the conscience and oath to their office, i.e., to defend and uphold the Constitution and the laws without fear and favour. Thus the judges must do, in the light given to them to determine, what is right. Any criticism about judicial system or the judges which hampers the administration of justice or which erodes the faith in the objective approach of the judges and brings administration of justice to ridicule must be prevented. The contempt of court proceedings arise out of that attempt. Judgments can be criticised. Motives to the judges need not be attributed. It brings the administration of justice into disrepute. Faith in the administration of justice is one of the pillars on which democratic institution functions and sustains. In the free market place of ideas criticism about the judicial system or judges should be welcome so long as such criticism about the judicial system or judges should be welcome so long as such criticism does not impair or hamper the administration of justice. This is how the courts should exercise the powers vested in them and judges to punish a person for an alleged contempt by taking notice of the contempt suo motu or at the behest of the litigant or a lawyer. In that case the speech of the Law Minister in a Seminar organised by the Bar Council and the offending portions therein were held not contemptuous and punishable under the Act. In a democracy judges and courts alike are, therefore, subject to criticism and if reasonable argument or criticism in respectful language and tempered with moderation is offered against any judicial act as contrary to law or public good no court would treat criticism as a contempt of court.
Your honour,
100% Correct, one thinks I understand that if you have money then you can get anything, every thing is possible then you. Otherwise if you are a poor then you can’t get anything, every thing is not possible then you, also then you get poor judgment, and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I go to Police Station near about 100 times, give their 5 G.D. but Nothing gets. Other side 2. Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. they have much more money so they purchase all police and some political liders, some dada. Etc. Only I get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless. Only simply a solace to the poor. If you man not doing something for truth, then closed your department, much money are save in our country. Am I Right? Yes.
We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Manager) his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010 at Barasat court. Some proof (20 pcs. Adult s.m.s., Adult picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. My wife left our only solitary daughter to me who is 4 years old having severe "Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. Now my mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdah. 1st court date is 15/01/2010 done, 2nd court date is 12/02/2010 done. Next court date is 26/02/2010. I attend but judge toll that order is ready, you take the order at 01/03/2010. Ohe order is giving to your wife Rs. 1500/- P.M.
Thanks
Dear Sir/Madam,
Actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B., my nation, all of the news channels, and all press, and many more, (anybody can’t help me/don’t take proper investigation/do not take any action/don’t take any type of quarry/ I think they all are sleeping WHY?) NOW BAGUIATI PILICE O.C. LISTINE MY ALL TOLKING AND TOLD ME THAT YOU FILE A FIR 156(3) I ARREST / TAKE NACEASSARY ACTION. BUT I’M NOT FILE THE CASE BECAUSE, FIRST I READ THE BOOK WHAT IS 156(3)? NEXT WEEK I FILE 156(3). I think you can help me, so I write to you. I’m Punishment + harassment Without Crime.
I hope you would care to me, your prompt action shall be highly appreciated.
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O. Hatiara. Dist.: North 24 Parganas. Kolkata-700059 Email: PH. 9836149983
W.B. India.
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