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View Full Version : Some legal questions ... addressed specially to Vennai.



saraku
11-18-2003, 06:10 PM
Vennai sir,

As I have said in the title of the topic, this is specially addressed to you as you are a well-renowned lawyer and legal expert!

Now to my questions:

1. Is it acceptable for me to have the TN Govt. muthirai/sinnam as my 'avatar' ? Please us on the legality of the issue.

Actually, i was not sure about it when i opted for that, but I thought the TN Govt., if at all wants to do something, will do so only if it is a 'breach of previlage' against the greatest CM ever in the history of the earth (according to them). So, I took it for granted!

But Vennai sir, neenga general-la sollunga, may be someone wants to use the sinnam of AP Govt. here ... so, it may be useful. And if you feel it is advisable that I remove mine, i will do so humbly :)

[ This question is nearly the same as i have asked at : http://www.geetham.net/forums/viewtopic.php?p=25511&highlight=#25511 ]

2. I wanted to know something about the judges and their rights and things. Particularly, recently, I hear so much about Justice Karpagavinayagam of the Chennai High Court, who gives judgements which he feels as right, and for me as a lay-man, i dont feel that the IPC or other legal codes may say something like that. For eg. he directed a current MLA who was misbehaving somewhere to go to some Gandhian Library and read the 'My experience with Truth' and some other books on or related with Gandhi. And also the case of Mun-Jameen for the VC of Periyar Univ (i think), he went into so much, as to nearly finish the case even as it was only for Mun-Jameen purposes of the case. The Jerina matter is also has the situation, wherein he is already scrutinising the fundamentals of the case for just her Bail application!

So, my question is, how far can a Judge at any level, go in giving judgements. Can (s)he add personal notes and views in the judgement, like the one Just. Karp. did? Who and how are checks maintained on these judges to ensure that they really are doing the right job, in the right way? Many judgements are over-ruled by superior courts, so it may be that the lower court judges didn't do things right? What is the action taken on these 'erring' judges?

I know it is a long one to read ... but when you find time, please read it and reply my questions, since i am quite curious to know these legal issues. (Infact I am planning to take up a correspondence course next time when i visit India under Annamalai univ. just to know some legal stuff!)

Others are also welcome to provide their answers/views/questions regarding legal stuff, where the great legal advisor will definitely help us!

THANKS A LOT Vennai SIR FOR YOUR REPLIES TO THIS POST.

arumugam57
11-18-2003, 06:34 PM
Regarding your Avtor : You won't face any problem as you are not mis-treating it. If you mis-treat too there won't be any problem.

Cheers.

sabeshan
11-18-2003, 07:26 PM
If you mis-treat too there won't be any problem.

There is something called respect for the people's mandate... Arumugam, I think you are confusing JJ for the TN Govt. They are different entities... You may humiliate JJ as much as you want but the TN Govt. is something different... It represents the people of TN and is a part of the Indian Union... so if you encourage someone to humiliate the TN Govt. logo, you are also humiliating the people of TN and India in general. Please don't indulge in such juvenile comments in the future and behave resposibly as a super-moderator!!

saraku
11-18-2003, 09:36 PM
If you mis-treat too there won't be any problem.

There is something called respect for the people's mandate... Arumugam, I think you are confusing JJ for the TN Govt. They are different entities... You may humiliate JJ as much as you want but the TN Govt. is something different... It represents the people of TN and is a part of the Indian Union... so if you encourage someone to humiliate the TN Govt. logo, you are also humiliating the people of TN and India in general. Please don't indulge in such juvenile comments in the future and behave resposibly as a super-moderator!!


Helllo my dear friend Sabeshan ....

I NEVER asked whether my usage of the logo will humiliate others or not. I wanted to know only the legal implications of using it and if there is none, then I WILL USE IT WHO-EVER OPPOSES EXCEPT FOR THE SITE AUTHORITIES, WHOEVER IT MAY BE. What humiliation does using that logo cause to the TN people? When corrupt politicians can have it in their cars and here and there - wherever they feel like having, I as a honest citizen, have every moral right to use it where I feel like, as i said except for the legalitites invloved!

vennai1
11-18-2003, 09:45 PM
dei saraku,


nee enna senthilaa... naan enna goundamani-aa.... :evil:

yendaa ippadi questin kettu en drowser-a ilukara.... :evil: :evil:



[highlight=red:8c0c570076]but on the legal note, you can be sued if you are using

govt. copyrighted logos and other stuff for personal purposes

which includes distribution on public websites/message boards.[/highlight:8c0c570076]



saraku, you have to understand the logic behind copyrighting logos.
it is just because only those persons who have copyrighted the
name or logo can use them and so if people see the logo it is a
one-to-one correspondence with the person who owns the logo. :b:

so that is the reason why MP Dawood Ali Khan from Assam who had
retained the logo on his car had to deface later - after proceedings.
because he no longer is a representative of the govt.

same logic applies to you.


but on a different note - nobody gives a damn as long as you
are using logos for personal purposes without monetary gains.
(though you can be sued any day - even then all you need to do
is to remove the offending logos ;)) - So you can have that logo :b:

arumugam57
11-18-2003, 09:47 PM
Don't take it very serious sabu..

What I mean is if saraku mis-treat the TN logo too TN police will not come and arrest him. This is a minor issue yaar. Leave it..

arumugam57
11-18-2003, 09:50 PM
1. Is it acceptable for me to have the TN Govt. muthirai/sinnam as my 'avatar' ? Please us on the legality of the issue.


This is the question. The answer is : Yes. You can use. Because LOGO dia you like it. Very simple answer. Don't make that issue a big one.

saraku
11-18-2003, 10:12 PM
dei saraku,

....

So you can have that logo :b:





The answer is : Yes.


Thanks a lot both Super Moderators for your support, acceptance and approval. I will defitnitely not misuse the logo here! All posts and messages are my personal opinion and my logo does not have anything in part or full in my views. Jute-aaa?

Vennai ... just wanted to remind you specially, whenever you can pls. answer my 2nd question. Thanks.

vennai1
11-18-2003, 10:27 PM
sarakku,

2nd question konjam complicated matter macchi...
i am sure you would underwear the reason for that...
there are lot of issues in what you have said.


I have to be frank here that I am not yet smart enough
to have answers for most of them.
i am yet to be a lawyer per se. so i am also learning
from all these judgements.

so I wont be able to convince you on that :(

dinesh
11-18-2003, 10:34 PM
The Jerina matter is also has the situation, wherein he is already scrutinising the fundamentals of the case for just her Bail application!

The Serina matter was a joke. An absolute disgrace to democarcy. Every single person in TN knows she was framed, but everybody is just looking on. People (you know who I mean) are trying to discuss their family problems, with the use of TN government, and legislature. How long will the people keep on watching, till politicians and their sidekicks, with single digit IQ's make mockery of the governing system?

saraku
11-18-2003, 10:35 PM
sarakku,

2nd question konjam complicated matter macchi...
i am sure you would underwear the reason for that...
there are lot of issues in what you have said.


I have to be frank here that I am not yet smart enough
to have answers for most of them.
i am yet to be a lawyer per se. so i am also learning
from all these judgements.

so I wont be able to convince you on that :(




Seri paraavaa illa Vennai ... but, please do post whatever best you can regading this, since I am very very curious to know about these cases particularly pertaining to Just. Karp.

By the by, what is 'per se'?

anainar
11-18-2003, 10:52 PM
Sarakku,

As usual our fathers of the Constitution has assumed only very good guys will become Judgees and left a lot for discretion. One thing is they left their jurisdiction undefined. They had put conditions that it is almost impossible to take action against and High court or Supreme Court judges. The ony way to take action against sucha judge is impeachment which has mandatry requirement of passing a impeachment resolution in parliament by the president with 2/3 of the members present, and voted out by majority. Till date there is no history of any such impeachment action taken against any Judge so far. EVen the judges who were tainted with sexual harassment or proposing a sexual deal for favourable judgement or the the recent racket of prostitution in Mysore by a bunch of judeges from Bangalore. Nothing could be done against them, as you need political consensus and it is not there right now. So juddes have a field daty thses

Ideally a judge has to consider only charge sheeted offences. But he can also take suo motto cognisance and take action. So judges are free for all guys in India.

Cheers.