Hello, this is Saurabh Maheshwari speaking, taking over from Lordship Keshav for only a short while. I am on way to meet my fiancée Prerna on Karva Chauth. A white cab came in. Anjali stepped out. She had her backpack with her, which seemed heavy and huge compared to her skinny frame. ‘Adi Mamu, what’s […]
Read more "One Arranged Murder"It is trite to say, often, a proposition of law as laid down in a case is as good as the facts of the case. We say so in view of the fact, matters of education must be left to educationists, of course subject to being governed by relevant statutes and regulations. It is not […]
Read more "Matters of Education I"The 90 day period indicated by the first proviso to Section 167(2) of The Code of Criminal Procedure, 1973 can be extended up to a maximum period of 180 days under the first proviso in Section 43D(2)(b) of The Unlawful Activities (Prevention) Act, 1967. As long as an application, which need not even be in […]
Read more "Default Bail I"Parvez holds a Green Card, enabling him to reside in US. He has resided in US since 1985. Parvez Noordin Lokhandwalla allegedly forged and fabricated the Power of Attorney of Shalin Lokhandawalla. An FIR was registered in 2014. However, between 10.03.2015 and 10.01.2020, Parvez travelled between US and India on 16 occasions. There is no […]
Read more "The Fundamental Right to Travel Abroad"Nilanjan and Second Respondent, who were based in India at the time of the wedding, moved to the US in April, 2015. 25.12.2016, Adhrit was born. He is a US citizen. Second Respondent, after travelling to India in 2019, informed Nilanjan of her plans not to return to the US and to continue to reside […]
Read more "The “First Strike” in Child Custody Battles IV"Hirer, in a Hire-Purchase Agreement, simply pays for the use of the goods and for the option to purchase them. Until the option to purchase is exercised by Hirer, upon payment of all amounts agreed upon between Hirer and Financier, Financier continues to be owner of the goods covered by the Hire-Purchase Agreement. Till such […]
Read more "Hire-Purchase Agreement"“Extra-Judicial Execution Victim Families Association v. Union of India, AIR 2016 SC 3400 considered the situation in Manipur. The expression ‘internal disturbance’ must be interpreted in the context in which it is used. Under Article 352, an ‘internal disturbance’ must be of the order of an armed rebellion threatening the security of India to proclaim […]
Read more "Internal Disturbance II"“It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is […]
Read more "Compassionate Appointment II"A ‘consent’ given under fear of injury is not a ‘consent’ in the eyes of law. We are not persuaded to accept the solitary statement, at the time of the first alleged offence, ‘consent’ was obtained under fear of injury. A ‘consent’ given under a misconception of fact is no ‘consent’ in the eyes of […]
Read more "Section 90, Indian Penal Code"There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]
Read more "Day-Fraction"The law will assist only those who are vigilant about their rights and not those who sleep over them. The importance of legal maxims as guiding principles can hardly be underestimated. “The principle forming the basis of Section 10(1) of The General Clauses Act, 1897 also finds a place in Section 4 of The Limitation […]
Read more "Vigilantibus Non Dormientibus Jura Subveniunt"The issue of limitation for enforcement of Foreign Awards, being procedural in nature, is subject to the law of the forum where the Foreign Award is sought to be enforced. The Arbitration Act, 1996 does not specify any period of limitation for filing an application for enforcement of a Foreign Award. Section 43 provides, The […]
Read more "The Plea of Limitation XIV: Enforcement of Foreign Arbitral Awards / The Revival of Ray LIII"“Having taken note of the Arbitration Clause existing in two different set of documents between the same parties relating to the same transaction, in order to harmonize or reconcile and arrive at a conclusion as to which of the Arbitration Clauses would be relevant in the instant fact, it would be necessary for us to […]
Read more "Different Arbitration Clauses"“On 18.06.2001, the Intelligence Officer in the Narcotics Control Bureau, Chandigarh was proceeding to Theog from Shimla. He was travelling along with other Officials. In transit, they stopped near Nangala Devi Temple. When they ordered meals and tea and were waiting for the food to be served, the Intelligence Officer could smell the odour of […]
Read more "13 Kilograms of Charas / The Revival of Ray LII"NLSIU, Bangalore has been in existence for some time now. The number of people who display the University, as, at least, a footnote in their identity, is distinctive. I came across my Super-Senior, Ruchika Chanana, while discussing on ‘Quirkier’, The NLSIU Alumni Newsletter. I am happy to have found a spot in ‘Quirkier’, Issue 1. […]
Read more "The Sadanand Sharma Trophy for Extramural Excellence"Pravin Kumar (‘Kumar’) joined the Central Industrial Security Force in January, 1995 as a Sub-Inspector. Eventually, he was deployed in the Crime and Intelligence Wing. As evidenced, Kumar was specifically entrusted with conducting surprise searches and taking strict action against anyone indulging in corruption. On 28.02.1999, Constable Ram Avtar Sharma (‘Sharma’) was commuting in a […]
Read more "Disciplinary Proceedings III"Muthukumar is said to be the kingpin involved in this crime and is absconding. Ashoo appears to be a victim of Muthukumar’s plot. The standard of proof in a departmental proceeding, being based on preponderance of probability, is somewhat lower than the standard of proof in a criminal proceeding where a case has to be […]
Read more "Disciplinary Proceedings II"“Diwan Bros. v. Central Bank of India, (1976) 3 SCC 800 referred to the well-known dictum of Lord Buckmaster in Barras v. Aberdeen Steam Trawling and Fishing Company, 1933 AC 402. “It has long been a well-established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning […]
Read more "Lord Buckmaster"“Magma General Insurance Company Ltd., (2018) 18 SCC 130 explained the concept of ‘consortium’. United India Insurance Company Ltd. v. Satvinder Kaur, (2020) SCC Online 410 reaffirmed the view. Three-Judge Bench further laid down, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards ‘loss […]
Read more "Consortium II"“At this stage, it is important to understand the difference between the offences mentioned in Section 195(1)(b)(i) and Section 195(1)(b)(ii). Where the facts mentioned in a complaint attracts the provisions of Section 191 to 193 of the IPC, Section 195(1)(b)(i) applies. What is important is that once these sections of the IPC are attracted, the […]
Read more "Section 195 of The Code of Criminal Procedure, 1973 II"
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