Jm kalia & co.

01/11/2018

May this season of lights brighten your world 🌏

22/06/2017

25/07/2012

LEGAL INPUT
From JM Kalia and Co. (Advocates, New Delhi, India)
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The institute of charted accountants of India has been directed by a Division Bench of Delhi High Court to relax its guidelines for disabled students for writing examination.
It directed the institute to allow relative of disabled student to act as writer for him/her, with a rider that the writer should not have any knowledge of the field of the subject including accounts, commerce, cost & work accountancy, company secretary etc.
WP(C) No. 2619/12
Decided on 02.05.2012

25/07/2012

*LEGAL INPUT*
From JM Kalia and co. (Advocates, New Delhi, India)
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No permission or sanction is required to proceed against a judicial officer accused of committing illegal confinement (section 341 of IPC), Outraging the modesty (section 354 IPC), Defamation (499 IPC), and Criminal intimidation (section 506 IPC).
Hearing a writ petition filed by a woman complainant, it was mandated by a Division Bench of Delhi High court that sanction of Chief justice of High court is required only in case of registration of FIR.
The law permits initiation of criminal process against an accused by filing a complaint directly in the court of Judicial magistrate concerned instead of getting an FIR registered through police.
WP(C) No. 1467 of 2011

14/07/2012

HC relief for man driven out by son from home he paid for - After his retirement from a public limited company, a 61-year-old man gave his son Rs 6 lakh out of his retirement benef

14/07/2012

SOCIAL JUSTICE

(By JM kalia Advocate)

A society is a co-operative venture of individuals or a class of individuals for mutual advantages. The collective efforts made by such members of the society make their life better than in the hypothetical situation where an individual is left to live solely by his own efforts which idea is highly improbable and almost impossible to even conceive. An individual therefore has no other choice except to become member of co-operative venture. Since the mankind is selfish by nature actuated by his desire of amassing, he remains in pursuit of reward as against the collective contribution made by him and as such endeavors to have larger share then the other.

In order to maintain order in the society and distribute the benefits produced by them collectively, set of principles are framed for appropriate and just distribution of collective benefits. What is just distribution of benefits for one individual may be unjust for another, hence, at any given situation, the question of ‘justness’ is always in dispute. It is therefore duty of the state to maintain a balancing act to address the conflicting individual interest and to do justice.

The term ‘justice’ itself originates from the word ‘just’ i.e. fair. By necessary implication anything which is right, correct or true is fair and just. If justice is denied for a considerable period to the disadvantaged individual or class of the society such individual or class would start losing interest in the co-operative venture of mutual advantage. Distrust and resentment would corrode the element of collaboration and co-operation effecting efficiency and stability. Unrest, disharmony and disorder would become the order of the day in the society. The very aim and objective of the principles of law governing just and fair distribution of collective advantages is to maintain order and peace in the society and since, order and peace cannot last long if it is based on injustice hence, a legal system which cannot meet the demand of justice will not survive long.

Laws and institutions of law howsoever efficient and well arranged must be reformed or abolished if they are unable to address the issue of injustice and failed to eradicate this virus from the society. As rightly remarked by the German Philosopher Karl Joseph, “Law has two sources; political will and idea of justice”.

(To be continued……)