Monday, August 13, 2007

Indian Courts & Tribunals

First Appeal posted this on 03.08.2007:

Important Websites-Continuation
National Consumer Disputes Redressal Commission
Central Administrative Tribunal
Central Excise & Service Tax Appellate Tribunal
Income Tax Appellate Tribunal
Railway Claims Tribunal
Appellate Tribunal for Electricity


www.firstappeal.com

Indian COurts & Tribunals

First Appeal posted this on 03.08.2007:

Click to go to the following websites
A) Supreme Court of India

B) High Courts:
Allahabad HC
Andhra Pradesh HC
Bombay HC
Calcutta HC
Delhi HC
Gauhati HC
Himachal Pradesh HC
J & K HC
Jharkhand HC
Karnataka HC
Kerala HC
Madras HC
Madhya Pradesh HC
Orissa HC
Patna HC
P & H HC
Rajastha HC
Uttranchal HC

Spurios Goods

Yedhulaprakash wrote on 10.08.2007:

I agree with what swetha says to some extent. As a matter of fact I had a personal experience. Recently, on coming to know that a proprietary concern in Nanjangud in Mysore district is manufacturing and selling spurious products affecting the business if one of my clients, who is dealing in an edible product under a registered trade mark, a complaint came to be lodged to the local DSP to take action against offender for falsification of trademarks. It was brought to the notice of the DSP the provisions of Section 115 of the Trade Marks Act, 1999, where under the DSP should obtain the opinion of the Trade Marks Registry about the falsification of trademarks before taking any action of seizure. However, the DSP though is fully empowered to do so, is not keen to register the complaint nor tried to get the mandatory opinion from the TM Registry. On the other hand he insisited for some court directions in this regard. It is really a shame that the police officers do not even bother about the statutory powers vested on them which results in perpetuating the crime.

Spurious Goods

Colshri on 09.08.2007:

Recently AAj Tak had nicely covered about the spurious medicines in the market based on which a no of raids were conducted and some famous duplicators were arrested. It is shocking to know that 33% medicines available in the market is spurious. The problem is not only in medicines but most of the day to day consumere items and food products being used by all of us and our famililes.The various laws to deal with this menace like Copyright, Trademark etc are most ineffective. Kindly suggest what action should be taken by the legal freternity in this regard.
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List of law journals

First Appeal provided the following list on 05.08.2007:

1. Supreme Court of India Caselaw:
http://www.supremecourtcaselaw.com/

2. Supreme Court of India Judgments:
http://www.scjudgments.com/

3. Supreme Court Case Finder:
http://www.scconline.com/

4. The Judgment Information System:
http://www.judis.nic.in/

Judiciary and Delay

yehulaprakash wrote an article on 20.07.2007:

If a phenomenal increase in litigation is a sign of an extraordinary growth of awareness among the citizens about their rights, an unreasonable delay in the administration of justice will certainly be seen as constituting an unconscionable denial of justice. However, people often criticize the judiciary for the delay in disposing of the cases. I feel that the accusation is made without the knowledge of the problems faced by the institution. The imperative for clearing the burgeoning judicial backlog, and hence for more judges and Courts needs to be fully understood. It has to be seen that while there are more than 2 crore cases pending in courts all over India, on an average, State Governments were setting apart only 0.78 percent of their annual plan outlay for the judiciary. The demand made by the institution over a period of time to increase the number of courts and the judges strength has fallen in deaf ears of the execute. The Supreme Court of India had repeatedly expressed many times that an independent and efficient judicial system is one of the basic structures of our Constitution and that if sufficient number of judges are not appointed, justice would not be available to the people, thereby undermining the basic structure. It is to be seen that the root cause for delay in dispensation of justice in our country is poor judge-population ratio. There are just about 11 judges per million population in India comparing to 107 in U.S.A, 75 in Canada, 41 in Australia and 51 in the U.K. One has to consider the infrastructural facilities available to Indian Judiciary, compared to the countries aforesaid. Particularly the subordinate courts in India are running in a pathetic condition without any basic infrastructural facilities. One major factor is the delay in filling up of vacancies in many of these courts. I feel that without overhauling the problems on a war footing, the delay in disposing of the backlog of case is indispensable.