SUPREME COURT & ARTICLE 142 AN INDIAN PERSPECTIVE SARASIJ MAJUMDER   Recently, the Supreme Court of India exercised its powers under Article 142 of the Constitution to grant permanent commission to a woman Army officer, Lt. Col. The appellant, a commissioned officer in the Army Dental Corps in 2008, had been denied the third opportunity to apply for permanent commission. I couldn’t trace the reasons for such decision made by Army. Article 142 of the Indian Constitution grants Supreme Court of India a HUMONGOUS   POWER to pass any order it deems necessary to achieve complete justice in a matter, as per their opinion. The Supreme Court has very broad, undefined, and   inherent powers under Article 142, and the court itself determines what it means to achieve complete justice. The Constituent Assembly adopted the draft of Article 142   & Article 118, without debate, leaving the court to define its scope. To me, it reflects a shabby...

  PROPERTY PURCHASED IN THE NAME OF WIFE. A LEGAL DISCUSSION Compiled, Composed And Opined BY:-- SARASIJ MAJUMDER In my LIFE OF 75 YEARS,   I was an active party to many ‘Love Marriages’, in Marriage Register’s office, where the couple wanted to marry against the approval of their families. They were my friends, either the Bride, or the Bridegroom--, or both. It started just after I became major. One was my close Batchmate of B.E.College. He defaulted by an year, and subsequently we lost contacts, after some years. And I have seen many marriages went sour—leading to DIVORCE, and I was contacted   many times, by either of them, or both of them—to help in Legal matters. The complicated areas are—‘Joint Accounts’, Bank Lockers in ‘Joint Name’ —and properties under ‘Joint Name,’ during Divorce Settlement. I am sharing some rulings by   JUDGES below—before discussing further. A.     The Supreme Court of India has ruled on a number of cases r...

  CONSTITUTION OF INDIA THERE IS NO ARTICLE—30A SARASIJ MAJUMDER Sardar Vallabhbhai Patel chaired the Advisory Committee on Fundamental Rights and Minorities in the Constituent Assembly of India. The committee met on February 27, 1947, and got divided into four sub-committees. He had several discussion with the then PM on this. Article 30 deals with the right of minorities to establish and manage educational institutions in India. The right given under Article 30 provides the right to minorities to establish educational institutions of their choice for two purposes: To conserve their religion, culture, and language, To provide education to their children according to their choice in their own language. The state can't discriminate against these institutions when granting aid. No, Article 30A is not, and was never,   a part of the Indian Constitution. The Indian Constitution does not have an Article 30A. Article 30 of the Indian Con...

  JOINT WILL IN INDIA PART--II SARASIJ MAJUMDER   Best  Joint Will is  a single document that both spouses sign to ensure that their assets are distributed in accordance with the prevailing  Indian laws. It can be a good option for couples who have the same wishes for their succession plan. It avoids inheritance related disputes and  problems. Particularly, if you are holding Bank accounts, Properties, Car… etc Jointly. A Joint Will is a legal document that is created and signed by two or more people, normally a married couple. It outlines the distribution of their assets and property   (TOTAL ESTATE) in the event of their deaths. This type of Will is often used when a couple wants to ensure that their assets will be distributed in a specific way, rather than leaving it up to the laws of inheritance. However, it's important to note that Joint Wills may not recognized in many   states of India   and it is generally recommen...

  W I L L (DRAFT, BLANK) PART--I SARASIJ MAJUMDER Many of my Friends, and acquaintances couple of times asked me to share a BLANK for drafting their WILL. I present below a ‘BLANK’ for your information. At the end of the ‘BLANK’, I am sharing some useful information. If any of you want a native file, share your e-mail id in the comment box.   I will send. I will not be available from 27/10 to 14/11. Feel free to ask any question on this. BLANK DRAFT: ================================================================= W I L L                                     (Dated: ________)     I, ___________________   (PAN: ________) (Aadhar: __________________) aged __ years, presently residing At _________________. I am in good physical and mental condition and can perform all my ...

  PMLA-2002- A REVIEW The Prevention of Money Laundering Act SARASIJ MAJUMDER The Prevention of Money Laundering Act ( PMLA ) is a critical law in India . PMLA was passed under the Vajpayee government and notified under the UPA after pressure was mounted by FATF.   Its sole purpose is to fight against money laundering activities. The law provides a complete legal framework for preventing and punishing financial crimes that involve money laundering. The law marked a significant egal control in India. It establishes India's commitment to global efforts against economic crimes. It was in line with the standards of the Financial Action Task Force (FATF). The FATF is an inter-governmental body. Its purpose is to combat money laundering worldwide. The  Judicial Custody of Mr. Kejriwal under the Prevention of Money Laundering Act (PMLA) is a nuanced and complex issue, with various opinions surrounding it. From a legal and regulatory point of view, t...

  “MY WAY OR HIGHWAY” TERRORISM BY A FEW HIGH-PROFILE   LAWYERS INDEPENDENCE OF INDIAN JUDICICIARY IS IMPORTANT SARASIJ MAJUMDER A group of lawyers, including senior advocate Harish Salve and Bar Council of India chairperson Manan Kumar Mishra, have written to the Chief Justice of India, alleging that a "vested interest group" is trying to pressure the judiciary and defame courts "on the basis of frivolous logic and stale political agendas". The letter, shared by official sources, targeted a section of lawyers without naming them and alleged that they defend politicians by the day and then try to influence judges through the media at night. "Their pressure tactics are most obvious in political cases, particularly those involving political figures accused of corruption. These tactics are damaging to our courts and threaten our democratic fabric," their letter, dated March 26, addressed to CJI DY Chandrachud said. The letter, shared by official s...