TIOL-DDT 96 · the untouched capture
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<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> <b><font color="#0000CC" size="3">TIOL-DDT
96</font><br>
18 04 2005<br>
Monday</b></font></p>
<p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif">
<b>Born on Human Rights Day, the new CESTAT President is a champion of Human
Rights</b></font></p>
<p align="left"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b><img src="http://www.taxindiaonline.com/RC2/image/guest/4jj.jpg" width="100" height="130" align="left">JUSTICE</b>
R K Abichandani, a former judge of the Gujarat High Court, has taken over
as President of CESTAT. Justice Abichandani was born on Human Rights Day –
10th December – 1942 and is a natural champion of Human Rights. An erudite
scholar, a reputed author and editor, a keen judge and humanist to the core,
his command over the language and concern for human dignity can be seen from
the following sample passage from one of his many published articles.<br>
<br>
<b>Being fortunate to have been born on the human rights day it becomes vivid,
not by memory but by instincts and embryonic experience, that the darkest
formative cell that nurtured with warmth and care had the most safe comfortable,
carefree and above all fearless living – a custodial dignity that precedes
every human born – a dignity infused in the human system that must revolt
against its non-recognition in any form by reflex action. This ethereal gift
is zealously guarded by all within and most wantonly disregarded by most without.</b><br>
<br>
He obtained a Degree in Law in 1961 securing first rank in the first class
with three Gold Medals and a prize from the Gujarat University and obtained
LL.M. degree in Mercantile Law and Criminal Law in 1966, standing first in
the University and an LL.M. degree in Constitutional Law and Public International
Law in the year 1969, with a first class.<br>
<br>
He practised as an Advocate in the Gujarat High Court from December 1963 to
March 1978, on constitutional and civil sides, Worked as Assistant Government
Pleader and Public Prosecutor for about three years in the Gujarat High Court,
Worked as a part-time Honorary Professor of Law for about twelve years in
different Law Colleges and as a recognized Post-Graduate Teacher for LL.M.
in the University School of Law. In March 1978, he was elevated as Judge of
the City Civil & Sessions Court, Ahmedabad and later appointed as Registrar
of the Gujarat High Court in June 1985. He became a Judge of the High Court
of Gujarat on 18th July, 1990 from where he retired in December 2004.<br>
<br>
He had edited books on <br>
<br>
• Transfer of Property Act<br>
• Trade and Merchandise Marks Act<br>
• Indian Partnership Act<br>
• The Sale of Goods Act<br>
• Indian Contract and Specific Relief Acts<br>
<br>
<b>He has to his credit incisive articles on topics such as </b><br>
<br>
1. Management of Court Cases at the Trial, and at the Appellate Court Level<br>
2. Health as Human Right - - - Role Of Courts In Realisation Of The Right<br>
3. How to Groom Better Lawyers and Better Judges<br>
4. Custodial Dignity<br>
5. Obstacles to Justice and the Suffering Humanity<br>
6. Strengthening the Court System to Combat Corruption<br>
7. Role of Judiciary in the Effective Protection of Intellectual Property
Right<br>
8. The Rights Handicapped<br>
9. Basic Principles of Income-Tax Law<br>
10. Judicial Mechanism for the Underprivileged to Detect and Undo Injustice<br>
11. The Gene Age – A Legal Perspective<br>
12. Evidentiary Significance of Brain Fingerprinting<br>
13. Controversial Copyright Issues<br>
14. New Biology & Criminal Investigation<br>
<br>
As a High Court judge, he had delivered some landmark judgements. <br>
<br>
<b>Is a dog-bite an accident? </b><br>
<br>
In an insurance case, he held that, “A dog bite is surely something
outward and violent by which harm was brought about. The resulting death was
due to accident caused by outward, violent, and visible means within the meaning
of accident benefit clause of the policy”. He added, “one can
always expect animals to bite each other, but when a person is bitten or gored
by an animal, that would be an unexpected harm to that person”.<br>
<br>
<b>An acquitted person cannot be asked to furnish bail:</b><br>
<br>
In a landmark judgment, he ruled that a trial court, while acquitting an accused,
cannot ask him or her to furnish bail.<br>
<br>
<b>Cinder is not excisable: </b><br>
<br>
His remarkable knowledge of Central Excise laws and tariff classification
can be seen in his judgement in AHMEDABAD ELECTRICITY CO. LTD. V UNION OF
INDIA -</font><font size="1" face="Verdana, Arial, Helvetica, sans-serif"><a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=51&filename=legal/hc/2003/2003-TIOL-107-HC-AHM-CX.htm">2003-TIOL-107-HC-AHM-CX</a></font><font size="2" face="Verdana, Arial, Helvetica, sans-serif">,
which was sustained by the Supreme Court in </font><font size="1" face="Verdana, Arial, Helvetica, sans-serif"><a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=50&filename=legal/sc/2003/2003-TIOL-17-SC-CX.htm">2003-TIOL-17-SC-CX</a></font><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><br>
<br>
Justice RK Abichandani, we understand, has already started in right earnest
bringing in changes in the CESTAT and we are sure he will leave his strong
imprint in the CESTAT where the small, downtrodden and the exploited are sure
to get justice under his leadership. As he once remarked,<br>
<br>
<b>If a person commits any wrong, undoubtedly he should be penalized or punished,
but it is never necessary to humiliate him and maul his dignity as a human
being.</b><br>
<br>
Dignity of the human being – that’s what human rights is all about!<br>
<br>
<font color="#006633"><b>What’s in a brand name? Everything if you want
an exemption.</b></font><br>
<br>
The concept of brand name has undergone a major change with the latest judgement
of the Supreme Court in the Grasim Industries case. Please wait till tomorrow
for our detailed analysis on the effect and consequences of the Supreme Court
judgement. <br>
<br>
<font color="#FF6666"><b>Until tomorrow with more of DDT<br>
<br>
Have a Nice Time<br>
<br>
Mail your comments to</b></font> <b>vijaywrite@taxindiaonline.com </b><br>
<br>
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