Heena goyal

Law student 👩‍⚖

[The Better India @thebetterindia]

He was once a barefoot boy in a remote UP village, mesmerised by earthworms and butterflies.

Years later, he’d help solve the biggest crimes in India, not with a gun, but with DNA.
This is the forgotten story of Dr Lalji Singh, the pioneer who brought DNA fingerprinting to India, transformed criminal investigation, and made science accessible to millions.

Scroll down to discover how a farmer’s son became the ‘Father of Indian DNA Fingerprinting’. >>

#IndianScience #ForensicScience #Genetics #DNA #Science #Innovation #UnsungHero #STEM

[Heena goyal @_heenagoyal]

#omshanti

[Raja Babu @GaurangBhardwa1]

Om Shanti Shefali Jariwala

[Shashank Shekhar Jha @shashank_ssj]

Breaking 🚨

President Droupadi Murmu of India has sent a reference to the Supreme Court under Article 143 (1) of the Indian Constitution. The reference includes 14 questions.

The most important questions by @rashtrapatibhvn are:
1. Can a timeline be imposed on the President?
2. Can the court adjudicate the contents of a bill before it becomes a law?
3. Can the Supreme Court substitute the orders of the President or Governor through Article 142?
4. What are the limits of Article 142?
5. Can the Supreme Court resolve disputes between the Union and the States other than those covered by Article 131 of the Indian Constitution?

The Supreme Court will have to form a 5-judge Constitutional bench to answer these questions.

[Akshit Singh 🇮🇳 @IndianSinghh]

Every Indian must read this three pages of Operation Sindoor.

Please repost and share 🙏🇮🇳❤️

[Heena goyal @_heenagoyal]

Much needed

[The Tathya @_TheTathya]

BALOCHISTAN ≠ PAKISTAN: India Must Back This Bold Fight to Balkanize Pakistan! 🔥

A new nation rises — #RepublicOfBalochistan.

Balochistan has declared independence, defying Pakistan’s tyranny. Its fighters are rewriting history in blood.

Follow @_TheTathya for the TRUTH 🧵

[Heena goyal @_heenagoyal]

@ShoneeKapoor @DeepikaBhardwaj look at this matter

[Heena goyal @_heenagoyal]

Second Home ☺️❣️

[Ashu Mittal 📸 @AshuMittal]

Mera sheher 💙

[Supreme Court Observer @scobserver]

In 366 pages, a 5-judge Constitution Bench held that #queer persons in India do not have the fundamental right to marry.

SCO’s judgement matrix breaks down each judge’s opinion in the case.

Read here: https://t.co/OyCHH1fCUS

#MarriageEquality #SupremeCourt #SupremeCourtofIndia

[Dr. Alok Tripathi, IPS(R) @DrAlokIPS]

Inaugurated the newly constructed ATM room, Reception and Guard room in the @policeuniversty campus at Jodhpur in the presence of Registrar Shri Siddharth Charan, faculty, staff members and guards. The work was allotted to Police Housing Corporation, @PoliceRajasthan

[CiteCase 🇮🇳 @CiteCase]

A must read Supreme Court judgment on WILLs and on principles to prove its validity and execution.

Excerpts from Meena Pradhan vs Kamla Pradhan 2023 INSC 847

▶A Will is an instrument of testamentary disposition of property. It is a legally acknowledged mode of bequeathing a testator’s property during his lifetime to be acted upon on his/her death and carries with it an element of sanctity. It speaks from the death of the testator. Since the testator/testatrix, at the time of testing the document for its validity, would not be available for deposing as to the circumstances in which the Will came to be executed, stringent requisites for the proof thereof have been statutorily enjoined to rule out the possibility of any manipulation.

✅The court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him;

✅It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied.

✅A Will is required to fulfil all the formalities required under Section 63 of the Succession Act, that is to say: (a) The testator shall sign or affix his mark to the Will or it shall be signed by some other person in his presence and by his direction and the said signature or affixation shall show that it was intended to give effect to the writing as a Will; (b) It is mandatory to get it attested by two or more witnesses, though no particular form of attestation is necessary; (c) Each of the attesting witnesses must have seen the testator sign or affix his mark to the Will or has seen some other person sign the Will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of such signatures; (d) Each of the attesting witnesses shall sign the Will in the presence of the testator, however, the presence of all witnesses at the same time is not required;

✅For the purpose of proving the execution of the Will, at least one of the attesting witnesses, who is alive, subject to the process of court, and capable of giving evidence, shall be examined;

✅The attesting witness should speak not only about the testator’s signatures but also that each of the witnesses had signed the will in the presence of the testator;

✅If one attesting witness can prove the execution of the Will, the examination of other attesting witnesses can be dispensed with;

✅ Where one attesting witness examined to prove the Will fails to prove its due execution, then the other available attesting witness has to be called to supplement his evidence;

✅ Whenever there exists any suspicion as to the execution of the Will, it is the responsibility of the propounder to remove all legitimate suspicions before it can be accepted as the testator's last Will. In such cases, the initial onus on the propounder becomes heavier.

✅ The test of judicial conscience has been evolved for dealing with those cases where the execution of the Will is surrounded by suspicious circumstances. It requires to consider factors such as awareness of the testator as to the content as well as the consequences, nature and effect of the dispositions in the Will; sound, certain and disposing state of mind and memory of the testator at the time of execution; testator executed the Will while acting on his own free Will;

✅One who alleges fraud, fabrication, undue influence et cetera has to prove the same. However, even in the absence of such allegations, if there are circumstances giving rise to doubt, then it becomes the duty of the propounder to dispel such suspicious circumstances by giving a cogent and convincing explanation.

✅Suspicious circumstances must be ‘real, germane and valid’ and not merely ‘the fantasy of the doubting mind . Whether a particular feature would qualify as ‘suspicious’ would depend on the facts and circumstances of each case. Any circumstance raising suspicion legitimate in nature would qualify as a suspicious circumstance for example, a shaky signature, a feeble mind, an unfair and unjust disposition of property, the propounder himself taking a leading part in the making of the Will under which he receives a substantial benefit, etc.

✅In short, apart from statutory compliance, broadly it has to be proved that (a) the testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances.

🔗https://t.co/1oQCX2PaIl

[CiteCase 🇮🇳 @CiteCase]

This 'e-book for Advocates' is a brilliant work 🔥

A must read by all practising lawyers and students of law.

We actually went through this book after we shared it here (read quoted post). This book will give you an overall picture about:

✅ Procedure before civil and criminal courts (from institution to judgments).

✅ Adducing and appreciation of evidence in civil/criminal trials (also the art of cross examination)

✅ Art of Advocacy and duties/rights of Advocates and moral/ethical values of legal profession.

Just go through the contents:

[CiteCase 🇮🇳 @CiteCase]

We found an 'e-book for Advocates' from IJTR Lucknow website which lawyers and law students may find very useful !

This book discusses various aspects of practice in crimnial and civil side.

Further, it also explains how to adduce ande appreciate evidence and also the art of cross examination in criminal case.

Just download, read and share:

https://t.co/gvSAH5ch5n

[CiteCase 🇮🇳 @CiteCase]

10 Quotable Quotes From Recent Supreme Court Judgments

1⃣If the law requires a particular thing to be done in a particular manner, it must be done in that manner and not in any other manner – Life Insurance Corporation of India vs Dravya Finance Pvt. Ltd. 2023 INSC 815

2⃣COVID-19 pandemic necessitated what may be called “social distancing” and as a result there was “distant socialising”.”– Anshul Gupta vs Prime Minister Office

3⃣Home which is meant to be a happy and loveable place to live, becomes a source of misery and agony where the partners fight – Roopa Soni vs Kamalnarayan Soni | 2023 INSC 814

4⃣What is cruelty for a woman in a given case may not be cruelty for a man, and a relatively more elastic and broad approach is required when we examine a case in which a wife seeks divorce – Roopa Soni vs Kamalnarayan Soni | 2023 INSC 814

5⃣Advocates or lawyers should not, while acting as counsel or advocates or their capacity as advocates, undertake or volunteer to solemnize marriages. That can well result in Advocates chambers or offices turning out to be matrimonial “establishment”-  Ilavarasan vs Superintendent of Police 2023 INSC 813

6⃣Simply setting at naught a decision of a court without removing the defects pointed out in the said decision, would sound the death knell for the rule of law – NHPC Ltd vs State of Himachal Pradesh– 2023 INSC 810

7⃣The sole idea of criminal justice system is to see that justice is done. Justice will be said to be done when no innocent person is punished and the guilty person is not allowed to go scot free – Munna Pandey vs State of Bihar – 2023 INSC 793

8⃣No litigant should have even an iota of doubt or an impression (rather, a misimpression) that just because of systemic delay or the matter not being taken up by the Courts resulting in efflux of time the cause would be defeated, and the Court would be rendered helpless to ensure justice to the party concerned. It would not be out of place to mention that this Court can even turn the clock back, if the situation warrants such dire measures. The powers of this Court, if need be, to even restore status quo ante are not in the realm of any doubt – Union Territory of Ladakh vs Jammu and Kashmir National Conference 2023 INSC 804

9⃣Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna  – Derha vs Vishal | 2023 INSC 785

🔟We may take judicial notice of the fact with all humility at our command that over a period of time, the courts have shown undue leniency and magnanimity towards the contemnors. This lenient attitude shown by the courts over a period of time has actually emboldened unscrupulous litigants to disobey or commit breach of the order passed by any court or any undertaking given to the court with impunity.– Balwantbhai Somabhai Bhandari Vs Hiralal Somabhai Contractor 2023 INSC 805

Note: If you have read any quotable quotes in recent judgments other than the above, please share with us in reply.

🔗https://t.co/ufXkRcRdxr

[CiteCase 🇮🇳 @CiteCase]

Will sharing negative google reviews amount to defamation?

We found an interesting case from Madras High Court.

In this case, a lawyer filed a defamation complaint against a person who wrote in Google Review that he is “very disrespectful and doesn't respond for anything. Further he wrote: "Worst Lawyer. Save your dignity by not consulting him”.

Magistrate dismissed the complaint. The Madras HC upheld this dismissal and observed that the right to free speech expressed under Article 19(1)(a) of the Constitution of India covers such expression of one's review for the services received in an Online platform.

Mere expressing views in Google Review about the services does not amount to defamation, the court held

https://t.co/qUwbbJXdMs

[Tonmoy Goswami @tonmoygo]

In 2004, my dad filed a case of medical negligence against one of India's most powerful hospitals viz. Batra Hospital, Delhi and Padmashree awardee cardiologist Dr Upendra Kaul.

Case was filed in the state consumer court, Delhi & my dad asked for a compensation of Rs. 80 lakh. (80,00,000 INR)

After 11 years, in 2015 my dad passed away, without getting justice.

My senior citizen widowed mother decided not to give up.

TLDR; we won the case after 19 long years, but what transpired is a story that teaches you that, in India, it's better if you can settle outside the court.

But, sometimes it's not about the compensation, settlement, or winning a case; it's about making sure the perpetrators are taught a lesson so that the negligence never gets repeated. It's also about closure.

Here's the story of how a common middle-class Indian family from Assam fought a mighty & powerful establishment in their own city (Delhi) for 19 long years and brought the hospital to its knees:

----

It's a long story, but I'll try to keep it short.

In 2004, my dad went to Delhi alone for a routine heart check-up & returned with a pace-maker in his chest.

Escalated too quickly? Exactly my mother's reaction when he called from Delhi asking her to immediately board a flight from our hometown in Guwahati, Assam.

Long story short:
1. Dad went for a diagnostic study called EPS. Batra hospital took consent for it.
2. Protocol is that if EPS study came abnormal, RFA is suggested as the next step as a treatment after discussing with the patient. Patient needs to provide a fresh consent for RFA.
3. However, if the pathways are too close, RFA is risky & is not recommended as it can be fatal.
4. EPS shows if pathways are close or not.

My dad's EPS showed that pathways are close.

In spite of that, Batra hospital and its cardiologists went ahead and performed RFA:
a. Without consulting with the patient or relatives.
b. Without taking fresh consent as it's a separate procedure.

Things then went south real quick.

----

Due to closeness of pathways, obvious complications occurred & my dad's life was in danger. The only way to save him? Put a pace-maker in his chest immediately!

So that's what they did: put a temporary pace-maker while informing my mother to immediately catch a flight to Delhi so that they can put a permanent pace-maker the next day.

And you would think, the ordeal would end there? Cute.

----

My parents returned home after a few days & dad was supposed to recover.

But instead, we saw his chest area getting swollen day by day. We freaked out and consulted a cardiologist in Guwahati. And they confirmed the worse: the pace-maker was not installed properly and one of the pipes pierced through his heart.

He needs an urgent emergency open-heart surgery to fix the pace-maker.

So, my family went through another few days of anxiety, stress and disbelief.

----

My dad, is known in our friends and family circles as someone who's always been an super-active person; always engaged in some form of work; be it gardening, fixing electronics, repairing things around the house. My mother used to call him the perfect engineer since he could fix anything compared to the other two engineers in the family viz. me and my sister who were lazy compared to him.

The series of surgeries and a pace-maker did slow my dad down, but couldn't kill his spirit. However, we could see the difference. We would pace himself while climbing stairs etc.

It would hurt us a lot. And him too.

So he decided to drag Batra Hospital to the consumer forum.

----

Our family advocate resides in Kolkata and he agreed to take the case up pro-bono. We assumed it'll be an open and shut case. And since it's consumer court, we assumed it will be quick justice.

Oh, we are so wrong. So so wrong.

My dad attended every single hearing of the case from 2004 till 2015 when he passed away. He used to take a flight from Guwahati while booking a ticket for our advocate from Kolkata. Then there was cost of accommodation in Delhi.

Attending these hearings was no cheap affair. When you add up each hearing over 19 years...it quickly adds up to a large amount.

----

On many occasions, someone from hearing judge bench would be absent so nothing would happen. You get a new date, months in the future.
Or the opposite party advocate would be absent, or cite lame excuses to stall the proceedings. E.g. once the opposite advocate asked the court for a new date since his colleague was stuck in traffic and couldn't reach the court. And we were given a new date!

Imagine the frustration.

And this happened over 11 years till my dad passed away.

----

When dad passed away, Batra Hospital might have heaved a sigh of relief. Can't blame them; they had not yet met my mother.

She decided to continue the fight. That's when I started taking active participation as well.

Let's take a pause and understand why it took so many years?

1. It's a medical case and the judges felt inadequate without proper medical advice.
2. The opposite party was a Padmashree awardee celebrated cardiologist and the hospital was founded by people walking the corridoors of power.
3. Deliberate delays of absenteeism, withdrawing evidence from court etc.

The court asked an independent medical board for their recommendations. The medical board tilted in our favour for obvious reasons: the medical negligence was apparent.

----

Batra hospital tried to confuse the judge's bench by claiming that consent was taken for RFA. When asked to provide evidence, they would repeatedly provide the EPS consent form. This would delay the case and do nothing else.

They also never submitted the EPS traces to the court. They claimed that the traces were provided to my family and they have no record in their system. Which was utterly bullsh*t because we didn't have the traces.

They didn't provide the traces as it would immediately shut the case. Traces will show that the pathways were close, so RFA was not warranted.

Unable to provide consent form & Unable to provide traces went against them.

And in 2018, we won the case in the Delhi state consumer forum. The court awarded 10 lakh (10,00,000 INR) compensation with 7% simple interest from the date of filing the case.

While it was nothing compared to the asked compensation of 80 lakhs, we were happy as it was never about the money anyway.

But our happiness was short-lived, as Batra Hospital decided to appeal the judgement in the higher court: The National Consumer Forum.

----

And so we were back to square one. I promised mom that even if it takes another 14 years, I'll continue the fight.

And so we did. Date after date, hearing after hearing. Same BS all over again.

However, our advocate Mr. Neguive Ahmed is one of the best in the business. A senior citizen himself, he was so frustrated that he took it upon himself to turn Godmode on. I witnessed one of his argument session at court and he ruthlessly thrashed the opposing party left, right and center. He didn't even spare the bench & schooled them for taking forever to deliver a judgement.

This time, he was not going to let it continue for 10 more years. So he pushed at every hearing for shorter dates.

And in 2023, we won again!

Batra was brought to its knees. They can appeal again, yes; but it has to be the Supreme Court.

And after getting their a** whopped twice in a row for 19 years, they didn't have the courage to approach Supreme Court. And finally gave up.

----

It begs a question: Did we really win? And even if we did win technically, at what cost?

I would say, it comes at a price of your mental wellbeing, financial expense, a lot of frustration, shameless advocates and it leaves a bad taste in your mouth.

Batra's advocate is so shameless, he allegedly told our advocate, "We have worked for so many years on the case, won't you give us something? Your client has won a hefty amount"

Bloody bloodsucker! You worked AGAINST us all these years and now you want 'something' for your 'service'?!

----

So, is justice delayed justice denied?

Definitely yes, my family is just happy that the case is over. But we are also happy to have never given up. I understand that it may not be financially possible for everyone to not give up on a long legal battle, but that's what they want: drown you into date after date so that one fine day, you simply give up because it starts looking futile.

If you can, persist. As my mom did and my dad would have.

Even if it's justice denied, it's justice nonetheless for the future patients.

It's like paying for the next person.

At least the next time they perform any surgery that requires consent, they will remember the Goswami family.

Thanks for reading.

[Mamidala Jagadesh Kumar @mamidala90]

Swayam Courses
Indian Knowledge System: Concepts & Application
Open now for enrolment!

Further to the publication of our book on IKS, we are happy to bring to your attention the starting of the MOOC courses on the above subject.

[Live Law @LiveLawIndia]

#WestBengalPanchayatElections2023

The #CalcuttaHighCourt will continue hearing #contempt applications against the WB State Election Commission for disobeying the HC’s direction in “letter & spirit” on the deployment of paramilitary forces for the Panchayat elections.
@Srinjoy77

[UGC INDIA @ugc_india]

UGC has released “Guidelines for Incorporating Indian Knowledge in Higher Education Curricula”

All institutions are requested to take necessary action for implementation of the guidelines.

Read the guidelines & letter here:

https://t.co/hdItgDnE07

https://t.co/LAGCwJaPUB

[STAR Boy TARUN @Starboy2079]

Modi Govt : 9 Years 9 Achievements (Thread)

In this thread I will tell u inside story of how step by step Modi govt built 9 pillars that transformed India from fragile five country in 2014 to Bright spot country in 2023

Read this greatest story of miraculous change

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