LEGALEYE

  Navjot Singh Sidhu- given ‘Out’ by judicial DRS Amit Jaiswal*             On 19 th May, 2022 curtains finally came down to a 34 year court case when the Supreme Court sentenced a former Parliamentarian and a former cricketer Navjot Singh Sidhu to undergo one year rigorous imprisonment in a road rage matter.             On 27.12.1988 a dispute arose on the right of way between accused Navjot Singh Sidhu and Rupinder Singh Sandhu one side and Gurnam Singh (deceased) and Jaswinder Singh on the other side.   Allegations were that Sidhu and Rupinder S. Sandhu inflicted fist blows to the victim side and after receiving blows Gurnam Singh fell on the road and he was taken to Rajendra Hospital, Patiala in an unconscious state by Jaswinder Singh where the doctors announced him dead.    A Board of Doctors was constituted which gave its final opinion:- “Death...

Short-sentencing the convicts - Legality and Legitimacy Amit Jaiswal*   It is spirit and not the form of law that keeps the justice alive - Earl Warren, Chief Justice of the United States (1953-69)               The eleven persons convicted of multiple murders and gang rape walked free out of Godhra sub-jail on 15 th day of August, 2022. These persons were convicted of heinous crimes of gang raping a pregnant woman, brutally killing her 3 year old daughter by smashing her head on the ground and 6 other persons on 3 rd March, 2002.   The story thereafter is of great struggle to bring the guilty persons to books.   Supreme Court ordered CBI investigation into the crime and the relentless struggle of the victim, with the help of human right groups and her lawyers, bore fruit when on 21 st January, 2008 CBI Special Court at Mumbai convicted 11 persons for gang rape, murder and unlawful assembly and sen...

                 Legal Awareness and Innovation in law: The “LEGALEYE” way. It’s a hard truth that getting proper legal advice in India is a difficult and costly prospect. When receiving legal advice, we are often at a disadvantage, because the legal system in India is complex and often difficult to navigate. Furthermore, many Indians are not aware of their constitutional rights under the law, and often end up making decisions which may not be in their best interest. Another major obstacle to the legal system in India is that the delivery system for legal aid is far too inefficient. It is crucial for the rule of law and the survival of a stable society to provide proper and affordable legal aid for those oppressed. The law firm “LEGALEYE”, is the brainchild of CEO and Founder, Advocate P.S.Khurana, a dynamic professional, with a robust experience of more than 30 years of legal practice. He is practising mainl...

  Amit Jaiswal* Recently a news report appeared in the Indian Express that the Governor of Haryana, on the request of State government, has sent his recommendation to the President of India for his consent which will authorize use of Hindi language in proceedings before the Punjab & Haryana High Court. This move will have sweeping effects on the justice administration system in our Country and needs broader discussion which the government has totally avoided. At present the judicial system in India is well developed, integrated and uniform throughout the Country.   Lawyers as well as the Judges all over India have the benefit of easy access to the views of other High Courts on similar legislations and other matters of law and constitution.   Presently, the Judges from one High Court are transferred to other High Courts throughout the India seamlessly.      This has given a unified structure to the Indian judicial system and laws are uniformly appl...

Amit Jaiswal * Recently the Haryana Government amended Haryana Official Language Act, 1969 and inserted Section 3-A in the Act which is as under:- “3-A. use of Hindi in Courts and Tribunals: (1) In all the civil courts and criminal courts in Haryana subordinate to the High Court of Punjab and Haryana, all revenue courts and rent tribunals or any other court or tribunal constituted by the state government, work shall be done in Hindi language.” The Governor of Haryana has also sent his recommendation to the President of India, in terms of Article 348(2) of Constitution of India, for his consent which will authorize use of Hindi language in proceedings before the Punjab & Haryana High Court. This issue has far reaching affects and requires a deeper look into our judicial system. British Rule in India introduced the Common Law system of England which provides basis of our present day legal system. The space doesn’t permit to recount all the milestones on judicial timeline....

  Surrogacy Under Indian Law: An Appraisal                                                       Pratiksha* Introduction The calling to have children among a couple is universally common and the same applies to India, where society has worked constantly for family growth and having children. India is a country where the joy of becoming a mother or becoming a parent is considered the greatest pleasure. But it is not everyone's destiny. Many couples in India are incapable of bearing children of their own the WHPO report states that 15% of couples suffer from the problem of medical infertility. However, medical infertility is not the only cause of infertility. In the past few decades, a distinct type of infertility k...