IGNORANCE OF LAW

IGNORANCE OF LAW

Ignorance of law is no excuse for breaking it’ is one of the essential principles of jurisprudence. 

The rationale behind this principle is that if ignorance was an excuse, every person who is charged for any offence or involved in a crime would merely claim that he was unaware of the law in question in order to avoid liability, even though he was well aware of the consequences of breaking the law. 

The law enforcement machinery shall come to a grinding halt if ignorance is accepted as a defence.

 It can also lead to mishandling of law on the part of law breakers and this can never be the intention of Legislature to protect the law breakers by providing a shield of ignorance. 

Regards,

Adv.Shyam Panchmukh 

Queries may be WhatsApp at 8080751998

Section 91 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act) encompasses five kinds of disputes

Section 91 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act) encompasses five kinds of disputes: 

(a) Dispute touching the Constitution of the Society. 

(b) Dispute touching the elections of the committee or its officers. 

(c) Dispute touching the conduct of general meetings of the Society. 

(d) Dispute touching the management of the Society and 

(e) Dispute touching the business of the Society.

Regards,

Adv. Shyam Panchmukh 

Queries may be WhatsApp at 8080751998

YOUTH LOST TRUST IN HIGH COURT

YOUTH LOST TRUST IN HIGH COURT FOR JUSTICE - ORDER MADE HIM UNEMPLOYED. 

CASE: Anand s/o Balasaheb Deshmukhh Age  24 years Vs. State of Maharashtra & Ors

MATTER: Smt. Suman Balasaheb Deshmukh,  the mother of the Petitioner was appointed as a Junior Clerk at the District Court Ambejogai, District Beed. 

 She was holding post of group “C” cadre. Petitioner’s mother (Smt. Suman Balasaheb Deshmukh) died on 23-12-2007 in a road accident. 

At the time of death of his mother, Petitioner was 7 years old, therefore, being minor, he was not eligible to apply for employment immediately after the death of his mother and he was also taking education by that time. 

Petitioner obtained degree of B. Sc., Computer Science in 1st Division and simultaneously, he has completed technical courses viz., (i) Course of C-Language (Computer), (ii) M.S.C.I.T., (iii) English Typing 40 W.P.M. and (iv) Marathi  Typing 30 W.P.M.

 Therefore, after attaining the age of majority, on 29.09.2021, he submitted an application with office and request for grant of appointment on the compassionate ground, however, Respondent office  issued the impugned communication dated 15th May, 2024 and rejected the request of the Petitioner on ground the that, the application is not filed within the limitation of one year from the date of death of employee Mother. Hence, Petitioner filed case before High Court for Justice.

COURT ORDER:   In the case in hand, it is apparent that the Petitioner's mother died on 23.12.2007 in a road accident. Though, the Petitioner has attained the age of majority on 12th September, 2018 he has failed to submit an application seeking appointment on compassionate basis within a period of two years.   

The Petitioner has also disclosed that at the time of death of his mother, his father was 48 years old and he was drawing agricultural income to the tune of Rs.   40,000/- per year. Therefore, it shows that the Petitioner and his family were not facing financial crises due to the death of his mother, for the period of more than 13 years.

ORDER: In view of the above, the Writ Petition is dismissed. 

COMMENT: HIGH COURT SHOULD HAVE CONDONED THE DELAY IN APPLICATION AS THERE WAS SUFFICIENT CAUSE TO EXPLAIN THE SAME

YOUTH HAS WITH VIEW TO GET JOB IN PLACE OF HER DECEASED MOTHER POST HAVE STUDIED AND  COMPLETED VARIOUS COUSES LIKE ENGLISH MARATHI TYING ETC. HE DONE HARDWORK AND SPEND 20 YEARS IN MAKING HIMSELF ELIGIBLE FOR POST.

BUT HIGH COURT,  WITHOUT CONSIDERING THESE ASPECTS AND GIVING JUSTICE AND MAKE HIM EMPLOYABLE. BUT REJECTED HIS CASE. 

MAIN FUNCTION OF LAW IS TO DO JUSTICE. BUT , COURT ARE TAKING HYPER TECHNICAL WAY AND CAUSING INJUSTICE AND SUFFERING TO PEOPLE.

BECAUSE OF SUCH ORDER, PEOPLE ARE LOSING TRUST IN COURT AND JUSTICE .

CLICK HERE TO READ ORDER

Pune Porsche Case - Innocent Child - Victim of Toxic Teen Cultures and Lifestyles

Pune Porsche Case - Innocent Child - Victim of Toxic Teen Cultures and Lifestyles    

Bombay High Court Ordered Teen to be released due to their innocentness in the death of the people. They were not having any hand to kill the people. It just happened that they were under the influence of the today's teen toxic cultures and lifestyles. Such as Smoking and Alcohol, Late Night Partying, Posing Posh life before friends, Speed Driving, Seeking Thrill and Excitement, Showing Arrogance, Abuse, Anger, Bad words and F*$k language, Rudeness and Narcissist Attitude.

The Hon'ble Bombay High Court has observed in their Order the toxic teen lifestyles as under:

After completion of examination of Std.12th on 17th May 2024, the Child left the house for making late night party with the friends in pub and parents allowed him to go to pub at late night to consume liquor and allowed to use a Porsche car to go for the party with his friends.

The Child has neglected from proper parenting by his parents and they have no control over the conduct and the behaviour of the CCL. The friends circle of the CCL also seems to be addicted of the substance abuse.

Taking note of the social background report of the CCL, which had disclosed that he is addicted to smoking and consumption of liquor.

The CCL is progressing in the sessions conducted by the psychologist, who is helping him to built coping mechanisms and imbibe strategy towards life and through the De-addiction Center.

Regards, Adv. Shyam Panchmukh

JurisOrder Law Associates Queries can be WhatsApp at 8080751998

Mumbai Students Suicides PIL

 Dear All,

My PIL relating to Students Suicides got published in News.

News Link of same is as

https://www.moneylife.in/article/bombay-hc-admits-pil-on-strengthening-suicide-prevention-measures-in-maharashtras-educational-institutions/74408.html

Regards,

Adv. Shyam Panchmukh
Mob/WhatsApp 080807 51998

Mumbai Student Suicides PIL

 Dear All,

We have filed PIL before Hon'ble Bombay High Court seeking to provide College Counselors to address Students Stress and Emotional Dysregulations issues.

Notes on the said Petition is attached.

Regards,

Adv. Shyam Panchmukh

Mob: 8080751998

Student Suicide PIL - Mumbai University

Dear All,

As, there has been rising cases of students suicide , We have filed PIL against Mumbai University.

In PIL , We sought for direction against Mumbai University to make arrangements in College to have College Counselor to address Students Mental health issues. 

 Adv. Shyam Panchmukh is an Advocate for Petitioner. 

 You can contact at Mob 8080751998 for more details.

 Regards,

Adv. Shyam Panchmukh 

Mob: 8080751998

RTI MAHARASHTRA RULES & FORMS 2005

RTI_MAHARASHTRA_RULES_FORMS_2005

APPLICATION FORM- APPLICATION FOR OBTAINING INFORMATION UNDER RIGHT TO INFORMATION ACT, 2005

FIRST APPEAL FORM- APPEAL UNDER SECTION 19(1) OF THE RTI ACT, 2005

SECOND APPEAL FORM- SECOND APPEAL UNDER SECTION 19(3) OF THE RTI ACT, 2005

JURISORDER LAW ASSOCIATES 

QUERIES MAY BE CALL/WHATSAPP @ 8080751998

LEGALITIES OF COMPOUNDABLE OFFENCES AND NON-COGNIZABLE OFFENCES

LEGALITIES OF COMPOUNDABLE OFFENCES AND NON-COGNIZABLE OFFENCES

Compoundable offences are those that can be settled between the accused and the victim without a trial or court intervention.

 For some compoundable offences, permission from the court is required to compound the case, while for others, no such permission is needed. These generally include less serious offences like hurt, assault, defamation and others. 

 More serious offences like rape, murder, or dacoity, are non-compoundable. 

The Code of Criminal Procedure, 1973, through Section 320, provides a detailed list of compoundable offences.

This section categorises them into those that can be compounded with or without the court's permission. The ides is to provide a way to resolve minor legal disputes without burdening the court system.

A non-cognizable offence under the IPC refers to a category of crimes that are considered less serious and for which a police officer cannot arrest an accused without a warrant. Non-cognizable offences include like defamation, simple hurt, or causing simple nuisance. 

For any investigation or legal action in non-cognizable offences, police need the court's authorisation.

JURISORDER LAW ASSOCIATES 

Queries may beWhatsApp Msg @8080751998

PART- PAYMENT OF CHEQUE AMOUNT- 138 NI MATTER NOT MAINTAINABLE

PART- PAYMENT OF CHEQUE AMOUNT- 138 NI MATTER NOT MAINTAINABLE 

When part payment is made after the cheque is drawn, the payee has the option of either taking a new cheque for the reduced amount or by making an endorsement on the cheque acknowledging that a part payment was made.

Thus, when a part- payment of the debt is made after the cheque was drawn but before the cheque is encashed, such payment must be endorsed on the cheque under Section 56 of the Act. 

The cheque cannot be presented for encashment without recording the part payment. 

If the unendorsed cheque is dishonoured on presentation, the offence under Section 138 would not be attracted since the cheque does not represent a legally enforceable debt at the time of encashment.

    (Shyam Panchmukh is Advocate, Activist  

     & Writer in Mumbai. Queries may be     

     WhatsApp Msg @8080751998)

MUMBAI COURTS - COURT FEES CHART

MUMBAI CIVIL COURTS - COURT FEES CHART

Please Like, Share and Forward to all Mumbai Advocates

Adv. Shyam Panchmukh 

Bombay High Court 

Mob/WhatsApp-8080751998

No Marriage Ceremonies- No Valid Marriage

The Hon'ble Supreme Court in the above case held that the Section 7 of the Hindu Marriage Act, 1955 speaks about ceremonies of a Hindu Marriage.

For a Valid Marriage, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony. 

Unless the parties have undergone ceremony, there would be no Hindu Marriage according to Section 7 of the said Act 

Mere a marriage certificate would neither confirm any marital status nor establish a marriage under Hindu Law.