Monday, April 26, 2010

this too is law.........

1 - See You In Court!

Court to hear suit over "Tea Party" name
A U.S. judge has agreed to referee a dispute among Florida political activists over who can use the phrase "Tea Party" in their name. A trial has been scheduled to begin on December 6 in U.S. District Court in West Palm Beach, Florida, in a lawsuit that questions whether anyone has a trademark or intellectual property right to the "Tea Party" name.

2 - Crime and Punishment

Woman tried to use 911 as taxi service
Police in one Connecticut city have a warning for nightclub patrons: Don’t call 911 for a ride home. New Haven police say that’s what 28-year-old Quandria Bailey did, calling the emergency line six times to request a ride from a nightclub back to her Meriden home.

'Gay dog' refused entry to Australian restaurant
An Australian restaurant that refused a blind man entry because a waiter thought his seeing-eye dog was "gay" has been ordered to apologise and pay compensation.

3 - Politics, Law, and Governance

U.S. beach bans thongs
A North Carolina town that the mayor called “Mayberry with a beach” has banned swimmers from wearing thongs. Kure Beach Mayor Dean Lambeth says “we’re going to keep this as close to Mayberry with a beach as you can keep it,” referring to the idyllic Southern community portrayed on the 1960s TV series “The Andy Griffith Show.” The move came after the police chief received an e-mail earlier in the week asking if the town’s existing nude bathing ordinance allowed thongs.

Dog denied chance to run for mayor
A dog just can't win in a human world. Genny, the three-year black Lab, was denied her papers to run for Clarington, Ontario mayor after a municipal clerk said she didn't qualify for the position because of canine genes.

Police barred from penis enlargement
Forget about getting a job as a police officer in Indonesia's Papua if you have had your penis enlarged. You won't get it, according to local media reports citing the Papua police chief. An applicant "will be asked whether or not his vital organ has been enlarged.” If he has, he will be considered unfit to join the police or the military.

Moustached Americans seeking tax break
Moustached Americans are looking for a tax break from Uncle Sam. The American Mustache Institute (AMI) says the "social and environmental benefits to moustache growth and maintenance provide a service to the U.S. economy."

4 - And Now for Something Completely Different

There's little funny about North Korea's comedy show
Stern, serious, socialist North Korea has carved out a spot in TV history for having one of the world's longest running comedy shows, despite it being mostly devoid of jokes for the decades it has been on the air. The show now called "It's So Funny" is meant to uplift the morale of troops and extol propaganda about the virtues of serving under "The General" Kim Jong-il. Laughter is optional -- unless the soldiers in the audience are ordered to do so. The format of the show is usually a conversation between a man and a woman in military uniform, who sometimes sing, dance and try a little slapstick, but mostly avoid telling one-liners.

Saturday, March 20, 2010

Justice Bhagwati in the case of National Textiles Workers Union v P.R.Ramakrishnan need to be set out. They are: “ We cannot allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still; it must change with the changing social concepts and values. If the bark that protects the tree fails to grow and expand along with the tree, it will either choke the tree or if it is a living tree it will shed that bark and grow a living bark for itself. Similarly, if the law fails to respond to the needs of changing society, then either it will stifle the growth of the society and choke its progress or if the society is vigorous enough, it will cast away the law, which stands in the way of its growth. Law must therefore constantly be on the move adapting itself to the fast-changing society and not lag behind
Judge must be a jurist endowed with the legislator's wisdom, historian's search for truth, prophet’s vision, and capacity to respond to the needs of the present, resilience to cope with the demands of the future and to decide objectively disengaging himself/herself from every personal influence or predilections. Therefore, the judges should adopt purposive interpretation of the dynamic concepts of the Constitution and the Act with its interpretative armoury to articulate the felt necessities of the time. The judge must also bear in mind that social legislation is not a document for fastidious dialects but a means of ordering the life of the people. To construe law one must enter into its spirit, its setting and history. Law should be capable of expanding freedoms of the people and the legal order can, weighed with utmost equal care, be made to provide the underpinning of the highly inequitable social order
State of Karnataka v Appa Balu, (1995) Supp. 4 SCC 469

Sunday, July 12, 2009

Justitia, lady justice, , , the Roman Goddess of Justice and sometimes, simply "Justice") is an allegorical personification of the moral force in judicial systems.

Since the Renaissance, Justitia has frequently been depicted as a maiden carying a sword and balance of scales and at times she was shown blindfold.She conflates the attributes of several goddesses who embodied Right Rule for Greeks and Romans, blending Roman blindfolded Fortuna (Goddess of Luck) with Hellenistic Greek Tyche(of fate), and sword-carrying Nemesis(of vengeance).

Justitia's attributes embodiment of divine order, law, and custom, in her aspect as the personification of the divine rightness of law.

Justitia is most often depicted with a set of weighing scales typically suspended from her left hand, upon which she measures the strengths of a case's support and opposition. She is also often seen carrying a double-edged sword in her right hand, symbolizing the power of Reason and Justice, which may be wielded either for or against any party.

As stated above, Lady Justice is often depicted wearing a blindfold. This is done in order to indicate that justice is (or should be) meted out objectively, without fear or favor, regardless of identity, power, or weakness: blind justice and impartiality. The earliest Roman coins depicted Justitia with the sword in one hand and the scale in the other, but with her eyes uncovered. Justitia was only commonly represented as "blind" since about the end of the fifteenth century. The first known representation of blind Justice isHens Gieng's 1543 statue on the of Justice) in Switzerland. However, the Old Bailey courthouse in London, a statue of Lady Justice stands without a blindfold; the courthouse brochures explain that this is because Lady Justice was originally not blindfolded, and because her “maidenly form” is supposed to guarantee her impartiality which renders the blindfold redundant.

She is the symbol of the judiciary.Depicted as a Goddess equipped with three symbols of the Rule of law, a sword symbolizing the court's coercive power; scales representing the weighing of competing claims; and a blindfold indicating impartiality.

Monday, July 6, 2009

Law of life should not be restricted to facts but to experience. Justice V.R. Krishnan Iyer said " the Rule of Law should run parallel to the rule of Life". Now it is our cognition that make the facts surrounding us transform into experience we have and then it is that give Law its organic form. It is this that has helped Law evolve with the evolution of mankind and also sustain it.

Saturday, July 4, 2009

".....However we are constrained to observe that the higher courts every day come across orders of the lower courts which are not justified either in law or in fact and modify them or set them aside. Our legal system acknowledges the fallibility of the Judges, hence it provides for appeals and revision. A Judge tries to discharge his duties to the best of his capacity, howerver, sometimes is likelyto err. It has to be noted tha the lower judicial officers mostly work under a charged atmosphere and are constantly under psychological pressure. They do not have benefits which are available in the higher courts. In those circumstances, remark/observations and strictures are to be avoided particularly if the officer has no occasion to put forth his reasoning."

As observed by K.G. Balakrishnan, CJI and P. Sathasivam.J in Prakash Singh Teji V/s North India goods Transport Co.Pvt Ltd 2009(2)RCR(CIVIL)840

Friday, July 3, 2009

Law in its origin and in its nature is nothing less then the breaths we take, but its, breath of society, what society inhales or exhales to survive, to nurish , to grow, to sustain, to evolve......and the extent of Rule of Law in a civilisation, society, nation, is the ultimate measurement of its health and well being.

No system of law accepts ignorance of law as defence or excuse, though sanction may be reduced, but no one can claim immunity on the basis of ignorance of law, so knowlege of law is presumed, making humanbeing's Lawledge a presumption of Law.