Law Office Of Satish Swami: SC: Lok Adalats can pass decree in criminal cases,Ruling Comes In Cheque Bounce Case

Law Office Of Satish Swami: SC: Lok Adalats can pass decree in criminal cases,Ruling Comes In Cheque Bounce Case:From: Chandran Peechulli
Date: 1 February 2010 19:39
Subject: Ex-serviceman's hard-earned land grabbed. Justice is in the air.
To: presidentofindia@rb.nic.in, pmindia@nic.in, secyvp@nic.in, cvc@nic.in
Cc: secypg@dpgcs.delhi.nic.in, neetu_bhatia@alum.mit.edu, govsec@tn.nic.in,
cs@kar.nic.in, cso@kar.nic.in, lci-dla@nic.in, kiran@saferindia.com, support@corruptionmonitor.com,

Advocates are very well respected in UK./ U.S. and elsewhere, unlike in India. India is densely populated and though there could be cut-throat competition within, they started to look for short-cuts, earning fast and invisible money, while no receipts given for fees paid to advocates. Advocates therefore collude, betray and harm their clients, put in a state of confusion, as to which advocate to be approached, for sincere professional services, to know of loyalty rating, since well read and traveled person also suffers, if so, what about the common man?
e.g. C.C,No.827/06/ Cheque-bounce Case: After filing the suit, it has taken six long months for the case to be numbered, despite reporting the matter to the PA to CJI, Madras High Court, after lapse of 4 months, gave feedback as was necessary, to the administrative machinery mechanism, who guided to see the Magistrate Incharge in 4th Court, but he was turned-back saying shortage of magistrates, since holding additional charges, assuring to wait for some more time. Alas, numbered C.C.No. 827/06/, thereafter Case was dragged with liberal adjournments and loopholes in
law, to help the accused getting medical certificate and abstaining from attending court hearing- dates, simultaneously applying delay tactics, as advocates can expect more from the accused rather than the petitioner,this is in the Police Station scenario as well. Complainant’s mindset for collection, who is on a spree to recover his lost hard-earned money. They make the petitioner fed-up and stop attending courts, so that they could grab more from the accused. In this case Advocates collude, saying there is a fast-track court within the Saidapet-Court complex, connives with the bench clerk there, addresses the grievances to presumably a senior retired judge, that the accused is prepared to pay 50% of the due amount(30-11-2007) rest within 2 (two) months i.e. 26-02-2008,and makes both the petitioner and the accused to sign, later they disperse, but the accused delay balance payment, neglect to come to the court, so harassment and humiliation continues. As per the decree, EP has to be filed for claim of the balance amount, at that stage also, the accused is favored, therefore the complainant changes the advocate to a lady advocate Mrs.Anuradha to file EP, a situation is then made that the EP is not accepted in EP Section but returned. Reports to Member-Secretary, Legal-Aid Services Authority, who asks to bring the advocate, or the papers, so that he would ask another advocate to attend. She returns back my papers as per her hubby's (who is also an advocate) advise. Since Member Secretary is a senior and busy person, time rolls off in the corridor of the Legal-Aid Services Authority. Therefore, contacted another advocate in my living area who assured to sincerely help, His filing my papers for EP, was also returned by the EP Section, saying that "only civil cases are entertained for filing EP and the origin of my case is a cheque bounced criminal case under the N.I.Act." My present advocate Vijaya Balan, alas succeeded to get my EP numbered. It took 20 long months for the EP filing and numbering. Adjournments followed, next hearing 5th February 2010. Live with hopes for the return of my money parted on 10th Sept.2004. It would be wise to view money value, now and then, time, efforts and money further spent for the recovery. Cheating has become “business” owing to delay in judgement and in the process of claim the accused is better-off than the aggrieved complainant.
Advocates in general, litigant public and all associated know that they don’t follow a descent dress-code and don't follow professional code of ethics, they manhandle magistrates, clash with police, damage government properties, strike without notice, sit dharna, boycott courts etc. They wear sandals or even bathroom chappals (rubber), seldom wear shoes. All unruly behaviour of advocates, these post-graduates section in the eye of the public, seen in TV, knows through Radio, read through Newspapers etc. I still doubt, whether it’s their clerks or their well-wishers(of different category), or suspected part-time employed hooligans, that bring a scary state of affair, within the common community/people.
speakoutnagpur@timesgroup.com

National Maritime Admiistration of India - Office of the DGS, Ministry of Shipping,

From the Editor’s Desk. July 2011. www.themarinewaves.com
PRESS and the POLITICIANS. A delicate relationship. Too close, danger ensues. Too far apart, democracy itself cannot function, without the essential exchange of information. Creative leaks, a discreet lunch, inter -change in the Lobby, the Art of the unattributable telephone call, late at night… Howard Brenton.
MEDIA plays an important and vital role of awakening the general public in upholding human rights, even if our trusted, elected public representatives fail to perform well. Dr. Chandran Peechulli. Think it over Why does a person, knowing what truth is, hesitate to speak it? Is he ashamed? Ashamed of whom? Whether he is a superior or a subordinate, what matters it? The fact is that habit swallows us all. Let us reflect over this and rid ourselves of the bad habit…M.K.Gandhi, published on 8th Dec 1988. Indian Express. The butterfly counts not on months but moments, and has time enough. Rabindranath Tagore. ‘TIME’ is equal to life,hence waste your time and waste your life. or master your time and Master your life.AlanLakein "Striving for excellence motivates you; striving for perfection is demoralizing." Harriet Braiker.

From Wikipedia: INDos (Indian National Database of seafarers), is a computerised national database of Indian seafarers which is of use for quick reference by statutory authorities such as Flag State, Port State, Immigration & Employers etc., to prevent the fraudulent issue of certificates. The database includes data like the seafarer's address, photographs, signature, telephone, etc. An INDos number consists of eight alphanumeric characters. Henceforth, no seafarer without an INDos number will be admitted to any course other than a three month pre-sea training course in India. All Indian and foreign nationals holding a COC (Certificate of Competency) granted by the Government of India or an Indian CDC (Continuous Discharge Certificate) or who have completed modular courses approved by DG Shipping are listed in the database. Courses not approved by the Government of India, except GMDSS, will not be included in the INDos data. The advantage to seafarers is that they do not need to carry the original document while training ashore with the implementation of INDos. For example, at present, a second mate has to undergo seven modular courses and one competency course for which he has to carry all his original documents. Once he has an INDOs certificate, he does have to produce the original document for admission to any course in India. Furthermore, in case of the loss of original documents, the INDos will help in retrieving a duplicate certificate. Notwithstanding INDos, seafarers still need to carry the original document while serving onboard a ship. Clip from DG Shipping notice as refer below link- quote 'Every seafarer shall obtain INDos No certificate from the assessment centers /LBS CAMSAR, Mumbai. 'Details of documents issued by government authorities like COCs, Letters of Authority for issue of a COC (commonly referred to as a "Blue Chit"), endorsements for serving on special ship types, CDCs, etc., issued in due course are directly communicated to the INDos centre for updating the data. Such details are not accepted from the seafarer. Such certificates are verified subsequently from records provided to INDos by the training institutions and authorities that distribute these documents.[1]

It is almost a decade, since the Office of the DGS introduced INDOS, INDos, seen Seafarers ‘as small’. What was the need of the news article on INDos by Joseph Fonseco, of www.maritimeprofessional.com, hired by the directorate, to blindly write biased information for the office of DGS, i.e. which is CONCEALING THE TRUTH, from a scam that continues for issue of CDC’s, without much publicity, to those who are not eligible to obtain by standard norms of entry attending conventional courses. This already said in the deficiencies and defects reported, already by the Publisher & Editor of MARINE WAVES, through its popularly known monthly editorial contents, made available online also in its archive of www.themarinewaves.com Instead of expressing the deficiencies and defects in the INDOS system, after lapse of over ten long precious years, due to trial and error methodologies, adopted with loopholes by the mariners of the Shipping Directorate. This is a clear case of systemic failure. Lacks creativity and adaptability to initiate systemic reforms, What is required is a strong political will coupled with decisive action, to restore Indian seafarers faith in the overall system.

• We need to look forward for truth in the media and start changing the system, through increased awareness, which was built with loopholes to suit the conveniences of vested interests. The nation should support and encourage journalists who tell the truth. Journalists pay a high personal and professional price for telling the truth. Professional journalists committed to truth in media are invariably penalized by their corporate employers. They are pressured into accepting media disinformation as routine, as part of the job. They are encouraged to skim the surface or to convey half truths. Those who refuse to abide by the standards of the mainstream media are not only fired, they are blacklisted and their prospects extinguished. Journalists who have the courage to say the truth find themselves marginalized and excluded. We believe, it is important for a good governing nation to support and encourage journalists in their endeavours to deliver independent news and analysis to the broader public. Independent coverage of world events which is not coloured created or manipulated by corporate, government or institutional stakeholders. We ask you to support us in supporting the writers who continue to bring you the material you need in order to understand what's happening in the world in reality. Never before has it been so important to have independent, honest voices and sources of information. We are, as a society – inundated and overwhelmed with a flood of information from a wide array of sources, but these sources of information, by and large, serve the powerful interests and individuals that own them. The main sources of information, for both public and official consumption, include the mainstream media, alternative media, academia and think tanks. The mainstream media is the most obvious in its inherent bias and manipulation. The mainstream media is owned directly by large multinational corporations, and through their boards of directors are connected with a plethora of other major global corporations and elite interests. MARINE WAVES publication, as an institution acts as a research centre and as well as a source of alternative news, through the website www.themarinewaves.com, has become a much needed voice of independence, seeking to break through all the propaganda and misinformation. To maintain our independence, MARINE WAVES does not accept assistance from public and private foundations. Nor do we seek support from universities and/or government. While the objective is to expand and help spread important and much-needed information to more people than ever before, we rely more upon necessitated our readers to support the organization. Thank you, my dear readers, for your tireless support. Supporting MARINE- WAVES, is supporting the cause of Seafarers, the truth and the fight against media disinformation.

Dr. Chandran Peechulli, Ph.D ; D.Sc., F I E (India), F.I.I.P.E., M.S.E.I., Pg.DIMS(UK), Pg.DTED, MSNAME(US), Fellow - Institution of Engineers (India), Indian Institution of Plant Engineers & Ex. Vice Chairman TN Chapter, Life Member &Ex.Executive Member-Indian Institute of Standards Engineer T N Chapter, Indian Institute of Occupational Health, Mg.Editor& Publisher - “Marine Waves” international maritime newsletter. Corporate-Member-Chennai Press Club. Ex. Chief Engineer (Marine) & General Manager (Tech),Consultant- CeeCee Industrial & Marine Mgt. Consultants, pkc484@yahoo.com, seafarersman@indiatimes.com Address: M107-5, 29th Cross Street, Besant Nagar, Chennai-600090. 044+42018982.