Indian officials like to boast that India is a democracy with citizens enjoying the same liberties as western democracies. However this is not true as a harmless single woman obc engineer has been defamed without proof for more than 5 years by the indian intelligence and security agency officials to deny her fundamental rights like
– the right to privacy ( under 24X7 surveillance for more than 5 years)
– the right to earn a fair living (payment blocked, correspondence diverted)
– the right to health (she is being tortured daily)
Like all frauds the extremely powerful security and intelligence agency officials in cbi, ntro, R&AW do not have the courage or honesty to face the harmless single woman engineer openly to defend their malicious defamation or give her a chance to defend herself.
The shameless fraud tata, google, ntro, cbi, R&AW officials are falsely claiming that the lazy greedy goan SEX BRIBE giving young fraud R&AW employees obc bhandari slim bsc sunaina , goan gsb fraud siddhi mandrekar are doing all the work online though these lazy greedy fraud employeees getting a salary, do no work online, only have recreational SEX with the shameless fraud top officials who make fake claims
It has very important to mention the fraud CBI, R&AW employees because they are shameless lazy greedy liars and cheaters
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The litigation proceeds under the given law of land called constitution of the country. In India the constitution is largely framed on the basis of Government of India Act of 1935 given by the British. Law in India is deeply influenced by British common law, the American bill of rights, the Irish constitution, the German constitution and few other important legal systems of the world. For this reason the Indian constitution with 22 parts 395 Articles and 12 schedules stands as the biggest written constitution in the world. The democratic system practiced largely follows the British model of parliamentary democracy. For the safeguard of fundamental rights the American model of bill of rights is in practice .The other laws governing the litigation can be the civil procedure code for civil suits and criminal procedure code for the criminal suits here the crimes or charges are defined in the Indian penal code of 1860. All the crimes are committed are inferred as violation against the state, hence the state is always one of the parties in a criminal suit or litigation.
The provision for free legal aid and equal justice is available under Article 39A of the constitution, to the needy party unable to defend himself because of financial reasons or any other disability.
The Constitution provides for the post of an Attorney General of India to offer legal advice to the Union Government. He is appointed and can be dismissed by the President alone. Likewise provisions are made in the Constitution for the appointment of the Advocate General of a State. He is entitled to attend all legislative sessions and take part in discussions on matters in which expert legal knowledge is required. His duty includes advising Government on legal matters pertaining to his state.
The Supreme Court acts as the guardian of the constitution and is the highest court of appeal. The judgments delivered by the Supreme Court have a binding effect on all the other courts in the country. There is a provision for a High court for every state under Article 214. For or two or more smaller states together there can be a single High Court as well. Third level of judiciary often called the subordinate judiciary exists at the district level with provisions mentioned under Article 233 of the constitution.
Hence anybody who find himself aggrieved can approach a court of law in a welfare state and file a suit.
Litigation can be described as a contest, on the issue of legal rights and liabilities, vide judicial proceedings in a court of law. There are two parties involved in litigation; it can be government and a private individual or any two private parties, or two companies having a dispute regarding certain claims and liabilities. The tussle can be regarding a claim over property, damages, specific relief etc.The contesting parties are represented by their councils called lawyers, advocates or solicitors. The litigation begins when the aggrieved party technically called plaintiffs files a complaint in the court against a defendant who has infringed the rights of the plaintiff by some action or abstinence of an action. The summons are served on the defendant to appear in the court and present his side and defends himself on the claims made by the plaintiff. The defendant should reply to the summons within the stipulated time.
The other important tool in the hands of citizens is Public interest litigation called PIL. In a matter concerning the public at large if anybody realizes the need to approach the court for any direction regarding a fundamental right or any other legal right, one can do so vide Article 226 in High Court. And one can approach the Supreme Court under Article 32 for violation of a fundamental right.
Next step is to find out the cost of hiring a lawyer .Generally charges vary with respect to merit and expertise in the matter. As a rule one should draw an outline of budget and the number of years the case might take to get resolved .Then one should narrow down on the expert lawyer one can afford and take appointment on phone. The fee details should be clarified in the first meeting itself so that you have a smooth relationship with your lawyer and there is no misunderstanding during the case proceedings. It is not advisable to switch lawyers during the case proceedings, hence all the details i.e. the fee, the expenses under different heads, lawyers commitment for your case for the specific time should be thoroughly enquired.
The best way to find a lawyer is often is to take advice from acquaintances, relatives and friends. It is always advisable to talk to somebody who has faced a legal crisis similar to your issue. When faced with a corporate matter one can talk to legal manager in your company or take advice on phone from legal person in your friend’s organization. One can approach an NGO in case of a public interest litigation. There are various websites on the internet displaying data on lawyers as per there area of specialization .There are directories mentioning list of lawyers practicing at various forums and courts. One can also approach law firms which can recommend a lawyer with specialization in your dispute.
Timely action is very essential so that you are not barred by the limitation period for approaching the court. Having screened and shortlisted a list of lawyers concerning your matter the next step is to check on the credentials of the lawyers. One can talk to community people about the merit and character of the lawyer .Your matter might take many years to get resolved, hence it is very important that you choose a lawyer with whom you share compatibility and feel easy and comfortable to talk about your problem. Mutual trust is a must in a lawyer and client relationship. As a client one should not hold back any information, fact, and data relevant to your matter. There are generalists and a specialist class of lawyers .Specialist is a lawyers who has worked under a lawyer with a specialization in a particular field of practice i.e. constitutional law, criminal law, corporate law , public interest litigation , family law, mergers ,acquisitions, FEMA, MRTP, insurance, taxation , consumer law, property law, medical negligence, etc. The diverse nature of law often makes it essential for a lawyer to have worked under a specific field for a number of years to give him an expertise and grip of the legal and procedural intricacies. The years of practice are generally a valid ground to screen a lawyer. One should also take an account of the lawyer’s history with respect to his association with a law firm or senior as an intern or during the training period as this would give you an idea of his legal knowledge and expertise. The details of the number of cases handled and favorable orders received from the court.
The reasons for hiring a lawyer can be manifold .Certainly one would seek a lawyer when stuck with an issue involving legal position with regards to a right, liability, a relief sought under a crisis situation , a family dispute, a criminal charge, property matter, a contract , an agreement, signing a deed, consumer case, accident claim, damages, taxation etc .
Law is a complex set of rules and procedures to establish harmony in human life. The innate nature of law is very technical and has a specific language for communication with exact definitions and connotations for each of its provisions. Hence there is a need of an expert trained and groomed to meet the challenges in the field of law.
Firstly one should have a clear knowledge of the facts involving ones case and a fair amount of idea, of the problem, one is seeking remedy for. It is always advisable to maintain a diary or a case file of one’s matter. It is very important to maintain a positive mindset. The person under crisis should be firm and determined to come out of the problem. One should be ready to do a little research on ones matter and then venture out to shortlist a lawyer with caution and not suspicion to avoid pitfalls in the end.
The term privacy is struggling to define its form and shape under the stress of highly sophisticated communication technology, the internet – social networking media, satellites, mobile phones etc. More and more cases are reported where an individual’s privacy is infringed and encroached upon .It is the result of an emerging scenario where socio-political boundaries are facing new challenges and reaching dimensions never experienced by history.
As an active member of the global community India needs to shape a distinct statute protecting and safeguarding the right to privacy of individuals and its citizens. There is an urgent need for a law on privacy, so that individuals can lead a life of dignity and find full opportunity for growth.
In India, domain investors are denied privacy as NTRO, CBI subjects them to identity theft frauds, stealing their resume, investment, correspondence for goan sex workers, cheater housewives and other fraud indian intelligence agency employees
India is a signatory to the International Covenant on Civil and Political Rights, 1966
Article 17 of the said covenant is as under:-
1. No one shall be subject to arbitrary unlawful interference with his privacy family, human or correspondence, nor to lawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.”
And Universal Declaration of Human Rights, 1948 Article 12 states that
“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks”.
One of the major problems with companies and freelancers is their attitude towards their customers. The customers are paying you, it is their hard earned money and if the quality of the product or service is poor, or you do not treat the customer properly, they can always take their business elsewhere. For some time, they may work with you, but it affects the long term relationship. Remember, you can never force any person to trust you. Trust is earned over a period of time.