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Monday, January 7, 2008

INTRODUCTION OF FORENSIC PSYCHOLOGY TO THE LAW AND JUDICIARY OF INDIA BY INDIAN EVIDENCE ACT OF 1872 -CLAUSE 45 "OPINION OF EXPERTS" PIL SC







INTRODUCTION OF FORENSIC PSYCHOLOGY TO THE LAW AND JUDICIARY OF INDIA BY INDIAN EVIDENCE ACT OF 1872 -CLAUSE 45 "OPINION OF EXPERTS" PIL SC



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An_Evaluation_of_Credibility_of_
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SEVERE NEEDLE MARKS ON A SAINT'S HANDS ON 1-1-2008 AT 12:30 PM.NO ONE TO CARE PERSONALLY OR ---------
PLEASE ALSO SEE MY LIFE AND ITS USELESSNESS.PLEASE SEE WHAT ISLAMIC AND SIKH TERRORISTS HAVE DONE TO MY FAMILY FOR FIGHTING AGAINST ORGANISED CRIME OF BUILDER MECCA AND MEDINA OSAMA.
PLEASE ALSO SEE WHAT EXISTS AT THE DOME OF THE ROCK FOR CHRISTAINS AND THE GRAVE MESSAGE AT SACRED HEART CATHEDRAL.
RUSSIANS CELEBRATE CHRISTMAS EXACTLY 13 DAYS AFTER THE 25TH OF DECEMBER THAT IS ON 7TH OF JANUARY EVERY YEAR.

PIL IN THE SUPREME COURT OF INDIA FOR A REGULATORY BODY FOR BANK FRAUDS AND MOUNTING NPAS IN PUBLIC SECTOR BANKS.

To,

The Chief Justice of India

Supreme Court of India

India.

Dated 13-12-2007.

This is a public Interest Litigation on behalf of Public Sector Banks with the threat of Islamic Banking looming large ,which is not only interest free banking ,but will bring with it all terrorist funding to India.Please peruse through article submitted.Please see that the State Bank of India is heaving under massive NPAS and on the other side is the threat of Islamic banking ,both resulting in gross misappropriation of Public funds .The spirit of nationalization of banks was minimum investment in speculation and quote:-

“use of bank credit for speculative and other non productive purposes to be curbed.”

But in the race of industrialization and entry of foreign Banks in India ,this was lost.The fact however loomed large and clear that NPAS mounted with speculation.

The public interest litigation after perusal through documents submitted is :-

That the Supreme Court of India should appoint a:-

1. “Separate regulatory body for matters of Public Sector Banks ,separate Court for NPAS and other such Banking matters for early and easy disposal of Banking matters, fraud ,cases against officers; ect .; with a mandatory panel of experts from the Banking industry comprising of retired CGMS,and other senior authority from all over India as well as the Head Office at Mumbai, like SBI ,Chairman , Mr.A.K.Purwar , hence forth Mr.O.P.Bhatt in 2011 and so on , for a period of say three years.

2.A panel of EXPERTS from the banking industry assisting the courts in matters related to them will not only facilitate the easy disposal of cases ,but also provide employment and security to the senior management ,when they take decisions against mafia controlled business houses especially in the Builder industry , for access to public funds for crime and terror.

PLEASE REFER TO THE CASE SUBMITTED

GANAPATHY UDYOG ---DEFENDANT/ PETITIONER

VERSUS

PUNJAB NATIONAL BANK—PLANITIFF/RESPONDENT 1996 ISJ(BANKING) 435.

The Learned Court will be very much enlightened by this case , and form its own judgement on the issue .Please take necessary action. Report is by the connote of Mr. Surinder Kalra ;Working in State Bank of India with its posting Schedules since marriage in 1985, and presently posted at Personal Banking Division ,Local Head Office ,State Bank of India,11,Parliament Street Branch,New Delhi-110001.

Mamta Dhody Kalra

1513,Outram Lane,

Mukherjee Nagar,

Delhi-9

Ring 011-27605550.

JUDICIAL ACCOUNTABILITY CAN ONLY BE ACHIEVED WHEN EXPERTS IN THEIR RESPECTIVE FIELDS,LIKE INSURANCE,BANKING ECT ADVISE THE COURT AS TO THE NATURE OF THE CRIME IN CIVIL CASES AND PSYCHOLOGISTS AS FORENSIC PSYCHOLOGISTS IN CRIMINAL CASES WHERE MENS REA FORMS AN ESSENTIAL INGREDIENT OF THE CRIME.
AS IT IS AFTER THE BREAK UP OF THE SOVIET UNION IN 1991 AS WELL AS THE WARSAW PACT ,AMERICA PROTECTED ITSELF FROM PSYCHOLOGICAL TERRORISM OF BREAKING HOMES BY FANATICAL ISLAMISTS BY INTRODUCING FORENSIC PSYCHOLOGY IN ITS JUDICIARY.
THERE IS PROVISION FOR THE SAME IN THE INDIAN EVIDENCE ACT OF 1872-CLAUSE 45-"OPINION OF EXPERTS".THIS WAS TOLD TO ME BY JUSTICE ADHIKARI OF JABALPUR HIGH COURT WHO SUPPOSEDLY BLEW HIS BRIANS OUT IN 1987 WITH HIS LICENSED REVOLVER ;IN HIS BATHROOM FOR ALLEGED AFFAIR OF HIS WIFE WITH ANOTHER MAN.
BOTH THE HUSBAND AND WIFE WERE RITUALISTIC HONEST PURE WORKING QUALIFIED LAWYERS & BENGALIS ,WHO HAD A LOVING HOME AND KIDS AND THIS REASON FOR DEATH PURPORTED BY THE JABALPUR POLICE AS WELL AS THE INVESTIGATING AGENCIES WAS THE UNKINDEST CUT OF ALL.
IT WAS ON HIS ADVISE AND MY FATHERS EXTREME DEDICATION TO THE COUNTRY,MY GRANDFATHER BEING IN THE ARMY ACCOUNTS OF ORDNANCE CORPS ,JABALPUR,THAT I DID MY POSTGRADUATION IN PURE PSYCHOLOGY AND SUBMITED AT DELHI UNIVERSITY MY SYNOPSIS TO INTRODUCE FORENSIC PSYCHOLOGY TO THE LAW AND JUDICIARY OF INDIA TO INTRODUCE ACCOUNTABILITY IN MENS REA JUDGEMENTS WHICH SIMPLY TRANSLATED MEANS "GUILTY MIND"
THIS WAS DONE ON 10-10-2005 WHICH HAPPENS TO BE "MENTAL HEALTH DAY AS ALSO THE LATE FILM MAKER GURUDUTT'S DEATH ANNIVERSARY 10-10-1964-FALLING IN THE SAME YEAR AS NEHRUJI'S DEATH 27-5-1964
THE INDIAN EVIDENCE ACT, 1872
ACT No.  1 OF 1872*
[15th March, 1872.]
Preamble.
 Preamble.-WHEREAS  it  is  expedient to consolidate,  define  and
amend the law of Evidence;
It is hereby enacted as follows:--
PART I
RELEVANCY OF FACTS

Afterwards, C is prosecuted for bigamy in marrying B during A's

lifetime. C says that she never was A's wife.

The judgment against B is irrelevant as against C.

(c) A prosecutes B for stealing a cow from him. B is convicted.

A afterwards sues C for the cow, which B had sold to him before

his conviction. As between A and C, the judgment against B is

irrelevant.

(d) A has obtained a decree for the possession of land against B.

C, B's son, murders A in consequence.

The existence of the judgment is relevant, as showing motive for

a crime.

1*[(e) A is charged with theft and with having been previously

convicted of theft. The previous conviction is relevant as a fact in

issue.

(f) A is tried for the murder of B. The fact that B prosecuted A

for libel and that A was convicted and sentenced is relevant under

section 8 as showing the motive for the fact in issue.]

44.

Fraud or collusion in obtaining judgment, or incompetency of Court,

may be proved.

44. Fraud or collusion in obtaining judgment, or incompetency of

Court, may be proved.-Any party to a suit or other proceeding may show

that any judgment, order or decree which is relevant under section

40,41 or 42, and which has been proved by the adverse party, was

delivered by a Court not competent to deliver it, or was obtained by

fraud or collusion.

OPINIONS OF THIRD PERSONS WHEN RELEVANT

45.

Opinions of experts.

45. Opinions of experts.-When the Court has to form an opinion

upon a point of foreign law, or of science, or art, or as to identity

of handwriting 2*[or finger impressions], the opinions upon that point

of persons specially skilled in such foreign law, science or art,

3*[or in questions as to identity of handwriting] 2*[or finger

impressions] are relevant facts.

Such persons are called experts.

---------------------------------------------------------------------

1. Ins. by Act 3 of 1891, s. 5.

2. Ins. by Act 5 of 1899, s. 3. For discussion in Council as to

whether " finger impressions" include "thumb impressions," see

Gazette of India, 1898, Pt. VI, p. 24.

3. Ins. by Act 18 of 1872, s. 4.

24

Illustrations

(a) The questions is, whether the death of A was caused by

poison.

The opinions of experts as to the symptoms produced by the poison

by which A is supposed to have died, are relevant.

(b) The question is, whether A, at the time of doing a certain

act, was, by reason of unsoundness of mind, incapable of knowing the

nature of the act, or that he was doing what was either wrong or

contrary to law.

The opinions of experts upon the question whether the symptoms

exhibited by A commonly show unsoundness of mind, and whether such

unsoundness of mind usually renders persons incapable of knowing the

nature of the acts which they do, or of knowing that what they do is

either wrong or contrary to law, are relevant.

(c) The question is, whether a certain document was written by A.

Another document is produced which is proved or admitted to have been

written by A.

The opinions of experts on the question whether the two documents

were written by the same person or by different persons, are relevant.

46.

Facts bearing upon opinions of experts.

46. Facts bearing upon opinions of experts.-Facts, not otherwise

relevant, are relevant if they support or are inconsistent with the

opinions of experts, when such opinions are relevant.

Illustrations

(a) The question is, whether A was poisoned by a certain poison.

The fact that other persons, who were poisoned by that poison,

exhibited certain symptoms which experts affirm or deny to be the

symptoms of that poison, is relevant.

(b) The question is, whether an obstruction to a harbour is

caused by a certain sea-wall.

The fact that other harbours similarly situated in other

respects, but where there were no such sea-walls, began to be

obstructed at about the same time, is relevant.

47.

Opinion as to handwriting, when relevant.

47. Opinion as to hand-writing, when relevant.-When the Court has

to form an opinion as to the person by whom any document was written

or signed, the opinion of any person acquainted with the handwriting

of the person by whom it is supposed to be written or signed that it

was or was not written or signed by that person, is a relevant fact.

Explanation.--A person is said to be acquainted with the

handwriting of another person when he has seen that person write, or

when he has received documents purporting to be written by that person

in answer to documents written by himself or under his authority and

addressed to that person, or when, in the ordinary course of business,

documents purporting to be written by that person have been habitually

submitted to him.

25

Illustration

The question is, whether a given letter is in the handwriting of

A, a merchant in London.

B is a merchant in Calcutta, who has written letters addressed to

A and received letters purporting to be written by him. C, is B's

clerk, whose duty it was to examine and file B's correspondence. D is

B's broker, to whom B habitually submitted the letters purporting to

be written by A for the purpose of advising with him thereon.

The opinions of B, C and D on the question whether the letter is

in the handwriting of A are relevant, though neither B, C nor D ever

saw A write.

48.

Opinion as to existence of right or custom, when relevant.

48. Opinion as to existence of right or custom, when relevant.-

When the Court has to form an opinion as to the existence of any

general custom or right, the opinions, as to the existence of such

custom or right, of persons who would be likely to know of its

existence if it existed, are relevant.

Explanation.--The expression "general custom or right" includes

customs or rights common to any considerable class of persons.

Illustration

The right of the villagers of a particular village to use the

water of a particular well is a general right within the meaning of

this section.

49.

Opinion as to usages, tenets, etc., when relevant.

49. Opinion as to usages, tenets, etc., when relevant.-When the

Court has to form an opinion as to--

the usages and tenets of any body of men or family,

the constitution and government of any religious or

charitable foundation, or

the meaning of words or terms used in particular districts

or by particular classes of people,

the opinions of persons having special means of knowledge thereon, are

relevant facts.

50.

Opinion on relationship, when relevant.

50. Opinion on relationship, when relevant.-When the Court has to

form an opinion as to the relationship of one person to another, the

opinion, expressed by conduct, as to the existence of such

relationship, of any person who, as a member of the family or

otherwise, has special means of knowledge on the subject, is a

relevant fact:

Provided that such opinion shall not be sufficient to prove a

marriage in proceedings under the Indian Divorce Act (4 of 1869), or

in prosecutions under sections 494, 495, 497 or 498 of the Indian

Penal Code (45 of 1860).

26

Illustrations

(a) The question is, whether A and B, were married.

The fact that they were usually received and treated by their

friends as husband and wife, is relevant.

(b) The question is, whether A was the legitimate son of B. The

fact that A was always treated as such by members of the family, is

relevant.

51.

Grounds of opinion, when relevant.

51. Grounds of opinion, when relevant.-Whenever the opinion of

any living person is relevant, the grounds on which such opinion is

based are also relevant.

Illustration

An expert may give an account of experiments performed by him for

the purpose of forming his opinion.

CHARACTER WHEN RELEVANT


52.

In civil cases character to prove conduct imputed, irrelevant

52. In civil cases character to prove conduct imputed,

irrelevant.-In civil cases the fact that the character of any person

concerned is such as to render probable or improbable any conduct

imputed to him is irrelevant, except in so far as such character

appears from facts otherwise relevant.

53.

In criminal cases previous good character relevant.

53. In criminal cases previous good character relevant.-In

criminal proceedings the fact that the person accused is of a good

character is relevant.

54.

Previous bad character not relevant, except in reply.

1*[54. Previous bad character not relevant, except in reply.-In

criminal proceedings the fact that the accused person has a bad

character is irrelevant, unless evidence has been given that he has a

good character, in which case it becomes relevant.



 

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