In view of Section 83(1)(c) of The Representation of the People Act, 1951 in the event of an election petitioner alleging corrupt practices – not only should his petition be verified in the manner laid down in The Code of Civil Procedure, 1908 but should also be accompanied by an affidavit, in the prescribed form, […]
Read more "Hon’ble Justice J. Chelameswar on Election Petitions I"Within the meaning of The Protection of Women from Domestic Violence Act, 2005 it must be established at the very outset, the “aggrieved person”, the woman, shares a “domestic relationship”. Section 2(f), which defines a “domestic relationship”, includes within its ambit live-in relationships. Live-in relationships may very well be a “relationship in the nature of […]
Read more "Alienation of Affection II"“Beside lovemaking, singing in the shower and poker, there are not many human activities where there is such a great difference between a person’s self delusional ability and actual ability.” I am not a professional poker player. I play the occasional hand and my winnings are by chance. If I have to describe the game […]
Read more "The Poker Question"Love triangles in a marriage can cut both ways. The ‘woh‘ can be a man too. The incident of Naval Officer K.M. Nanavati gunning down his wife’s paramour, in the late ’50s, has not been forgotten. Truth be told, it is beyond doubt, a man and a woman are both equally likely to wander, and […]
Read more "The Tandoor Murder"In some states of United States of America, perhaps 7 in all, a wife can sue “the other woman” for her wrongful and malicious acts in an ‘alienation of affection’ tort action. Though not much jurisprudential thought has been afforded to such actions in India, Hon’ble Supreme Court of India in Pinakin Mahipatray Rawal v. […]
Read more "Alienation of Affection I"A person is deemed to have committed an offence, within the meaning of Section 138 of The Negotiable Instruments Act, 1881 when any cheque drawn by him, on an account maintained by him with a banker, for payment of any amount of money to another person, in whole or partial discharge of a legally enforceable […]
Read more "The British Month and The NI Act"In India, the true import of the phrase ‘public policy’ was, at first, put to question in relation to The Indian Contract Act, 1872. Section 23 reads as: “The consideration or object of an agreement is lawful, unless the Court regards it as immoral or opposed to public policy.” In 1959, in Gherulal Parakh v. Mahadeodas […]
Read more "Public Policy and Foreign Arbitral Awards"A person may have no home but he cannot be without a domicile. In order to make the rule effective, law assigns a domicile of origin to every person at birth. This prevails until a new domicile has been acquired – the domicile of choice [Central Bank of India v. Ram Narain, AIR 1955 SC […]
Read more "Domiciles and The Hindu Marriage Act"Order XXXIX of The Supreme Court Rules, 1966 deals with Election Petitions under Part III of The Presidential and Vice-Presidential Elections Act, 1952. In Purno Agitok Sangma v. Pranab Mukherjee, (2013) 2 SCC 239 Petitioner questioned the Election of Respondent as President of India under Article 71 of the Constitution read with Order XXXIX of the […]
Read more "Shri Pranab Mukherjee’s Election"First Published Here “[4] Children were abducted and kept in a tunnel for over 5 months and anonymous calls were made for ransom.” Appellant was employed at the telephone booth of Nusrat Bano, Mother of 3 of those Children. He was removed from service for ‘bad conduct’. In retaliation, Appellant occasionally made an inebriated threat or […]
Read more "Impassionate Hon’ble Justice Aftab Alam"Section 138 of The Negotiable Instrument Act, 1881 encapsulates the situation of dishonour of a cheque due to insufficiency of funds in the drawer’s account. Subsequent to the dishonour, Section 138 enjoins that the payee must give a notice to the drawer, in writing, demanding payment of money. More often than not, however, the drawer […]
Read more "MSR Leathers v. S. Palaniappan, (2013) 1 SCC 177"The nature and scope of jurisdiction of the Chief Justice or his Designate, under Section 11 of The Arbitration and Conciliation Act, 1996 has been expounded upon by many. SBP & Co. v. Patel Engineering Ltd., (2005) 8 SCC 618 has put beyond doubt, the Chief Justice, in performance of its role espoused by Section […]
Read more "Section 11 of the Arbitration Act I"
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