Legal Talks by Desikanoon
202 episodes - English - Latest episode: 10 months ago -This show talks about the general legal news and affairs taking place in India as well as the world, analysis of interesting case-laws and upcoming fields of law. The aim is to make legal aspects as simple as possible so that everybody could understand.
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Episodes
What is the Meaning of 'Issue of Process' under the Code of Criminal Procedure (CrPC)?
December 06, 2021 14:16 - 7 minutes - 6.67 MBToday, I will talk about the case of Sunil Todi and Others v. State of Gujarat and Another, 2021 SCC OnLine SC 1174, wherein the Hon’ble Supreme Court discussed about issuance of process and its postponement as enshrined under the Code of Criminal Procedure, 1973 (CrPC). On the present show, I will discuss Sections 202, 203 and 204 of CrPC. To know more about it, please visit https://www.desikanoon.co.in/2021/12/what-is-meaning-of-issue-of-process.html Telegram: https://t.me/Legal_Talks_b...
What is 'Cognizance' under the Code of Criminal Procedure (CrPC)?
December 04, 2021 13:59 - 5 minutes - 5.22 MBToday, I will talk about the case of Pradeep S. Wodeyar v. the State of Karnataka, Criminal Appeal No. 1288 of 2021, wherein the Hon’ble Supreme Court discussed the concept of “cognizance” as enshrined under the Code of Criminal Procedure, 1973 (in short, “CrPC”). To know more about it, please visit https://www.desikanoon.co.in/2021/12/what-is-cognizance-under-code-of.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42k...
Doctrine of Res Ipsa Loquitur and Medical Negligence
December 03, 2021 16:30 - 5 minutes - 5.02 MBToday, I will talk about the case of Bombay Hospital & Medical Research Centre v. Asha Jaiswal and Others, 2021 SCC OnLine SC 1149, wherein the Hon’ble Supreme Court discussed the Doctrine of Res Ipsa Loquitur, that literally means that ‘the thing speaks for itself’, in the context of Medical Negligence. To know more about it, please visit https://www.desikanoon.co.in/2021/12/doctrine-of-res-ipsa-loquitur-and.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://w...
What is Section 465 of the Code of Criminal Procedure (CrPC)?
December 02, 2021 13:27 - 6 minutes - 5.96 MBToday, I will talk about the case of Pradeep S. Wodeyar v. the State of Karnataka, Criminal Appeal No. 1288 of 2021, wherein the Hon’ble Supreme Court discussed S. 465 of the Code of Criminal Procedure (CrPC) that provides for when a finding or a sentence would be reversible by reason of error, omission or irregularity. To know more about it, please visit https://www.desikanoon.co.in/2021/12/what-is-section-465-of-code-of-criminal.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouT...
What is 'Attempt to Murder' under Section 307 of Indian Penal Code (IPC)?
November 29, 2021 14:17 - 5 minutes - 4.89 MBToday, I will talk about the case of Surinder Singh v. State (Union Territory of Chandigarh), Criminal Appeal No. 2373 of 2010, wherein the Hon’ble Supreme Court discussed Section 307 of the Indian Penal Code (IPC) that deals with the offence of attempt to murder. To know more about it, please visit https://www.desikanoon.co.in/2021/11/what-is-attempt-to-murder-under-section.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-K...
'Possibility of Reformation and Rehabilitation of Death Convicts' as a Mitigating Circumstance
November 27, 2021 15:16 - 4 minutes - 4.19 MBToday, I will talk about the case of Mofil Khan & Another v. the State of Jharkhand, Criminal Appeal No. 1795 of 2009, wherein the Hon’ble Supreme Court discussed the importance of the possibility of reformation and rehabilitation while awarding death sentence to a convict. To know more about it, please visit https://www.desikanoon.co.in/2021/11/possibility-of-reformation-and.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-...
Res Judicata in PILs (Public Interest Litigations) - Views of the Supreme Court
November 26, 2021 12:47 - 5 minutes - 4.68 MBToday, I will talk about the case of National Confederation of Officers Association of Central Public Sector Enterprises and Others v. Union of India and Others, 2021 SCC OnLine SC 1086, wherein the Hon’ble Supreme Court discussed the applicability of the Principle of Res Judicata to Public Interest Litigations (PILs) in India. To know more about it, please visit https://www.desikanoon.co.in/2021/11/res-judicata-in-pils-public-interest.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon...
Meaning of 'Falsus in Uno Falsus in Omnibus' - Views of the Supreme Court
November 24, 2021 16:14 - 4 minutes - 4.13 MBToday, I will talk about the case of Arvind Kumar v. State of Rajasthan, 2021 SCC OnLine SC 1099, wherein the Hon’ble Supreme Court discussed the Latin Maxim “Falsus in Uno-Falsus in Omnibus” which is a rule of caution in Indian Criminal Jurisprudence. To know more about it, please visit https://www.desikanoon.co.in/2021/11/meaning-of-falsus-in-uno-falsus-in.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w App...
'Ejusdem Generis', Interpretation and Supreme Court
November 23, 2021 16:08 - 4 minutes - 4.53 MBToday, I will talk about the case of Union of India v. Manraj Enterprises, 2021 SCC OnLine SC 1081, wherein the Hon’ble Supreme Court discussed the rule of ejusdem generis in the field of statutory interpretation. To know more about it, please visit https://www.desikanoon.co.in/2021/11/ejusdem-generis-interpretation-and.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.com...
Sexual Assault, POCSO and Skin to Skin Contact - Views of the Supreme Court
November 19, 2021 13:26 - 5 minutes - 5.38 MBToday, I will talk about the case of Attorney General for India v. Satish & Another, Criminal Appeal No. 1410 of 2021, wherein the Hon’ble Supreme Court discussed the requirement of ‘skin to skin’ contact of the victim and the accused to attract Section 7 of the Protection of Children from Sexual Offences Act, 2012 that provides for the definition of ‘sexual assault’ (in short, “POCSO”). To know more about it, please visit https://www.desikanoon.co.in/2021/11/sexual-assault-pocso-and-skin-t...
What is the Difference between ‘Acquiescence’, ‘Delay' and Laches’?
November 18, 2021 15:32 - 6 minutes - 5.58 MBToday, I will talk about the case of the Chairman, State Bank of India & Another v. M.J. James, Civil Appeal No. 8223 of 2009, wherein the Hon’ble Supreme Court discussed the differences between ‘acquiescence’, ‘delay and laches’. To know more about it, please visit https://www.desikanoon.co.in/2021/11/what-is-difference-between-acquiescence.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: http...
RERA is Retroactive and not Retrospective - Views of the Supreme Court
November 15, 2021 12:17 - 6 minutes - 5.63 MBToday, I will talk about the case of Newtech Promoters and Developers Pvt. Ltd. v. State of UP & Others, 2021 SCC OnLine SC 1044, wherein the Hon’ble Supreme Court discussed about the constitutional validity of the Real Estate (Regulation and Development) Act, 2016 (in short, “RERA”). To know more about it, please visit https://www.desikanoon.co.in/2021/11/rera-is-retroactive-and-not.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCM...
Can a Foreigner or a Foreign Citizen file a Consumer Complaint in India?
November 13, 2021 15:57 - 6 minutes - 5.81 MBToday, I will discuss whether a foreign national or a foreigner or a citizen of a country other than India, can prefer a Consumer Complaint in India or not. To know more about it, please visit https://www.desikanoon.co.in/2021/11/can-foreigner-or-foreign-citizen-file.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.com/us/podcast/legal-talks-by-desikanoon/id1510617120 Sp...
Judicial Review in Departmental Enquiries - Views of the Supreme Court
November 12, 2021 16:25 - 5 minutes - 4.69 MBToday, I will talk about the case of Union of India & Others v. Ex. Constable Ram Karan, Civil Appeal Nos. 6723 of 2021, wherein the Hon’ble Supreme Court discussed the general principles that govern the scope of judicial review in departmental enquiries in service jurisprudence. To know more about it, please visit https://www.desikanoon.co.in/2021/11/judicial-review-in-departmental.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCM...
How can a Company File a Complaint under S. 138 for Dishonor of Cheque?
November 11, 2021 15:22 - 5 minutes - 4.74 MBToday, I will talk about the case of Bhupesh Rathod v. Dayashankar Prasad Chaurasia & Another, Criminal Appeal No. 1105 of 2021, wherein the Hon’ble Supreme Court discussed the manner in which a Company could institute a Complaint under S. 138 of the NI Act in relation to dishonour of Cheque. To know more about it, please visit https://www.desikanoon.co.in/2021/11/how-can-company-file-complaint-under-s.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.yout...
Preventive Detention and Article 22 of the Constitution of India - Views of the Supreme Court
November 08, 2021 12:13 - 6 minutes - 6.24 MBToday, I will talk about the case of Sarabjeet Singh Mokha v. District Magistrate, Jabalpur & Others, 2021 SCC OnLine SC 1019, wherein the Hon’ble Supreme Court discussed the law relating to Preventive Detention in India in the context of Article 22 of the Constitution of India. To know more about it, please visit https://www.desikanoon.co.in/2021/11/preventive-detention-and-article-22-of.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channe...
What is 'Divorce by Mutual Consent' under the Hindu Marriage Act?
November 05, 2021 12:24 - 5 minutes - 5.41 MBToday, I will talk about Section 13-B of the Hindu Marriage Act, 1955, that deals with Divorce by Mutual Consent. To know more about it, please visit https://www.desikanoon.co.in/2021/11/what-is-divorce-by-mutual-consent-under.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.com/us/podcast/legal-talks-by-desikanoon/id1510617120 Spotify: https://open.spotify.com/show/3Kdn...
Supreme Court on Contract of Insurance and its Interpretation
November 02, 2021 16:33 - 4 minutes - 4.32 MBToday, I will talk about the case of Life Insurance Corporation of India & Another v. Sunita, 2021 SCC OnLine SC 1013, wherein the Hon’ble Supreme Court discussed the importance of good faith in a Contract of Insurance. To know more about it, please visit https://www.desikanoon.co.in/2021/11/supreme-court-on-contract-of-insurance.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts...
What is the Meaning of 'Unprivileged Will' in India and Can it be Revoked?
October 31, 2021 07:59 - 5 minutes - 5.39 MBToday, I will discuss about revocation of Unprivileged Wills. This issue was also considered in the latest case-law of Badrilal v. Suresh, 2021 SCC OnLine SC 1001. To know more about it, please visit https://www.desikanoon.co.in/2021/10/what-is-meaning-of-unprivileged-will-in.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.com/us/podcast/legal-talks-by-desikanoon/id15106...
Cheque issued as 'Security' and S. 138 of the NI Act - Views of the Supreme Court
October 29, 2021 15:28 - 5 minutes - 5.07 MBToday, I will talk about the case of Sripati Singh (since deceased) through His Son Gaurav Singh v. State of Jharkhand & Another, SLP (C) No. 252-253/2020, wherein the Hon’ble Supreme Court discussed whether a Cheque issued towards ‘security’ attracts the provisions of Section 138 of the Negotiable Instruments Act, 1881, or not. To know more about it, please visit https://www.desikanoon.co.in/2021/10/cheque-issued-as-security-and-s-138-of.html Telegram: https://t.me/Legal_Talks_by_DesiKano...
Pegasus, Privacy and Surveillance - Views of the Supreme Court
October 28, 2021 16:35 - 6 minutes - 5.95 MBToday, I will again talk about the case of Manohar Lal Sharma v. Union of India & Others, Writ Petition (Criminal) No. 314 of 2021, wherein vide Order dated 27.10.2021, the Hon’ble Supreme Court inter alia discussed the contours of the right to privacy in the context of a cyber-weapon by the name of ‘Pegasus’ that was allegedly used for spying on private individuals by various governments across the world. To know more about it, please visit https://www.desikanoon.co.in/2021/10/pegasus-priv...
Pegasus, National Security and Judicial Review
October 27, 2021 16:26 - 7 minutes - 6.69 MBToday, I will talk about the case of Manohar Lal Sharma v. Union of India & Others, Writ Petition (Criminal) No. 314 of 2021, wherein vide Order dated 27.10.2021, the Hon’ble Supreme Court inter alia discussed the scope of judicial review in matters pertaining to national security. This was done in the context of a software by the name of ‘Pegasus’ that was allegedly used for spying on private individuals by various governments across the world. To know more about it, please visit https://w...
Can Anticipatory Bail be Granted to a 'Proclaimed Offender' or an 'Absconder' under CrPC?
October 26, 2021 14:53 - 5 minutes - 4.84 MBToday, I will talk about the case of Prem Shankar Prasad v. State of Bihar & Another, 2021 SCC OnLine SC 955, wherein the Hon’ble Supreme Court discussed whether a person who has been declared as an absconder or a proclaimed offender under Section 82 of the Code of Criminal Procedure, 1973 (CrPC) is entitled for grant of anticipatory bail or not. To know more about it, please visit https://www.desikanoon.co.in/2021/10/can-anticipatory-bail-be-granted-to.html Telegram: https://t.me/Legal_Ta...
What is the Difference between 'Parole' and 'Furlough'?
October 23, 2021 14:13 - 4 minutes - 3.99 MBToday, I will talk about the case of State of Gujarat and Another v. Narayan, 2021 SCC OnLine SC 949, wherein the Hon’ble Supreme Court discussed the differences between ‘parole’ and ‘furlough’. We hear these terms quite often, but their meaning is unclear to many. To know more about it, please visit https://www.desikanoon.co.in/2021/10/what-is-difference-between-parole-and.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo...
The Curious Case of 'Casus Omissus'
October 22, 2021 12:51 - 5 minutes - 4.79 MBToday, I will talk about another interesting concept of law, casus omissus. It is a Latin term that means “case omitted.” Basically, casus omissus is “a matter which should have been but has not been provided for in a statute.” To know more about it, please visit https://www.desikanoon.co.in/2021/10/the-curious-case-of-casus-omissus.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podc...
Doctrine of Precedent and Stare Decisis - An Overview
October 21, 2021 16:29 - 6 minutes - 5.97 MBToday, I will talk about two very important concepts, precedent and stare decisis. We have heard these terms quite often and I am sure that many of you would already be aware about their respective meanings. To know more about it, please visit https://www.desikanoon.co.in/2021/10/doctrine-of-precedent-and-stare-decisis.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.com...
Supreme Court on 'Mens Rea' and its Importance in Criminal Jurisprudence
October 20, 2021 15:20 - 7 minutes - 7.1 MBToday, I will talk about the case of Bharath Booshan Aggarwal v. State of Kerala, 2021 SCC OnLine 881, wherein the Hon’ble Supreme Court discussed the importance of mens rea in establishing the guilt of an accused. To know more about it, please visit https://www.desikanoon.co.in/2021/10/supreme-court-on-mens-rea-and-its.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.com...
Supreme Court on the Effect of Playing 'Fraud' on Judicial Proceedings
October 19, 2021 15:01 - 7 minutes - 6.45 MBToday, I will talk about the case of Smriti Madan Kansagra v. Perry Kansagra, 2021 SCC OnLine SC 909, wherein the Hon’ble Supreme Court discussed the consequences of obtaining a decree or an order by playing ‘fraud’ over the Court. To know more about it, please visit https://www.desikanoon.co.in/2021/10/supreme-court-on-effect-of-playing.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://...
Supreme Court on First Appeals under Section 96 of CPC
October 18, 2021 16:18 - 6 minutes - 5.69 MBToday, I will again talk about the case of V. Prabhakara v. Basavaraj K. (Dead) by Lr. & Another, 2021 SCC OnLine SC 896, wherein the Hon’ble Supreme Court inter alia discussed the powers of the First Appellate Court as enshrined under Section 96 of the Code of Civil Procedure, 1908 (CPC). To know more about it, please visit https://www.desikanoon.co.in/2021/10/supreme-court-on-first-appeals-under.html To know about Second Appeals, please visit https://www.desikanoon.co.in/2021/09/second-a...
Supreme Court on the Importance of 'Pleadings' in Civil Cases
October 16, 2021 16:53 - 8 minutes - 7.62 MBToday, I will talk about the case of V. Prabhakara v. Basavaraj K. (Dead) by Lr. & Another, 2021 SCC OnLine SC 896, wherein the Hon’ble Supreme Court discussed the importance of pleadings in civil cases To know more about it, please visit https://www.desikanoon.co.in/2021/10/https://www.desikanoon.co.in/2021/10/supreme-court-on-importance-of.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: http...
Supreme Court on Power of Lok Adalats to Decide Cases before it on Merits
October 15, 2021 17:05 - 5 minutes - 5.47 MBToday, I will talk about the case of Estate Officer v. Colonel H.V. Mankotia (Retired), 2021 SCC OnLine SC 898, wherein the Hon’ble Supreme Court discussed the powers of the Lok Adalats to decide the cases before it on merits. To know more about it, please visit https://www.desikanoon.co.in/2021/10/supreme-court-on-power-of-lok-adalats.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://po...
Supreme Court on the Period of Limitation for Revising an Order of Assessment under the Income Tax Act
October 14, 2021 14:50 - 6 minutes - 5.7 MBToday, I will talk about the case of Commissioner of Income Tax, Chennai v. Mohammed Meeran Shahul Hameed, 2021 SCC OnLine SC 901, wherein the Hon’ble Supreme Court interpreted S. 263 (2) of the Income Tax Act, 1961 that provides for the period of limitation for revising an order of assessment. To know more about it, please visit https://www.desikanoon.co.in/2021/10/limitation-period-.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UC...
Supreme Court on Joint Trials and Separate Trials under CrPC
October 13, 2021 15:58 - 7 minutes - 6.48 MBToday, I will talk about the case of Nasib Singh v. State of Punjab & Another, 2021 SCC OnLine SC 924, wherein the Hon’ble Supreme Court discussed the concept of Joint Trials and Separate Trials as enshrined under the Code of Criminal Procedure, 1973 (CrPC). To know more about it, please visit https://www.desikanoon.co.in/2021/10/supreme-court-on-joint-trials-and.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2...
Supreme Court on Condonation of Delay under S. 5 of Limitation Act
October 12, 2021 13:53 - 6 minutes - 5.77 MBToday, I will talk about the case of Dr. Yashwantrao Bhaskarrao Deshmukh v. Raghunath Kisan Saindane, 2021 SCC OnLine SC 914, wherein the Hon’ble Supreme Court discussed the important points that are to be considered while deciding an Application under Section 5 of the Limitation Act, 1963 seeking condonation of delay. To know more about it, please visit https://www.desikanoon.co.in/2021/10/supreme-court-on-condonation-of-delay.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube...
Supreme Court on the Principle of Coram Non Judice
October 11, 2021 13:11 - 6 minutes - 5.56 MBToday, I will talk about the case of Milkhi Ram v. Himachal Pradesh State Electricity Board, Civil Appeal No. 1346 of 2010, that was decided on 08.10.2021, wherein the Hon’ble Supreme Court discussed the principle of coram non judice with respect to the Industrial Disputes Act. To know more about it, please visit https://www.desikanoon.co.in/2021/10/supreme-court-on-principle-of-coram-non.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channe...
Supreme Court on Liability of Directors of Companies in Cheque Dishonor Cases
October 09, 2021 16:42 - 6 minutes - 5.54 MBToday, I will talk about the case of Ashutosh Ashok Parasrampuriya & Another v. M/s Gharrkul Industries Pvt. Ltd., SLP (C) No. 7573/2014, wherein the Hon’ble Supreme Court discussed the basic ingredients of offence punishable under S. 141 of the Negotiable Instruments Act, 1881 (in short, “NI Act”) that deals with offences by companies in relation to dishonour of cheques. To know more about it, please visit https://www.desikanoon.co.in/2021/10/section-138-141-negotiable-instruments-cheque-d...
Can the National Green Tribunal (NGT) exercise Suo Motu Jurisdiction under the NGT Act?
October 08, 2021 15:52 - 6 minutes - 5.94 MBToday, I will talk about the case of Municipal Corporation of Greater Mumbai v. Ankita Sinha & Others, Civil Appeal Nos. 12122-12123 of 2018, wherein the Hon’ble Supreme Court considered whether the National Green Tribunal (NGT) has the power to exercise suo motu jurisdiction in discharge of its functions under the National Green Tribunal Act, 2010 (NGT Act) or not. To know more about it, please visit https://www.desikanoon.co.in/2021/10/ngt-national-green-tribunal-suo-motu-jurisdiction.htm...
Supreme Court on 'Honourable Acquittal' and its Effect in Service Jurisprudence
October 07, 2021 14:01 - 6 minutes - 5.98 MBToday, I will talk about the case of Union of India and Others v. Methu Meda, Civil Appeal No. 6238 of 2021, wherein the Hon’ble Supreme Court discussed the concept of ‘Honourable Acquittal’ in Service and Criminal Jurisprudence. To know more about it, please visit https://www.desikanoon.co.in/2021/10/honourable-acquittal-service-criminal-law-jurisprudence.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple...
Supreme Court on Pendente Lite Interest in Arbitration Matters
October 06, 2021 14:03 - 6 minutes - 5.5 MBToday, I will talk about the case of Garg Builders v. Bharat Heavy Electricals Limited, 2021 SCC OnLine SC 855, wherein the Hon’ble Supreme Court discussed the concept of pendente lite interest in the context of Arbitral Proceedings. To know more about it, please visit https://www.desikanoon.co.in/2021/10/pendente-lite-interest-section-31-arbitration-arbitral-award.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz...
Supreme Court on Extension of Period of Limitation due to Covid-19 Pandemic - Part III
October 04, 2021 14:47 - 5 minutes - 5.17 MBToday, I will talk about the case of In Re: Cognizance for Extension of Limitation, Miscellaneous Application No.665/2021, wherein vide Order dated 23.09.2021, the Hon’ble Supreme Court discussed the issue relating to period of limitation prescribed under various laws in light of the Covid-19 Pandemic. To know more about it, please visit https://www.desikanoon.co.in/2021/10/extension-limitation-covid-19-relaxation.html I had discussed this issue in our earlier shows as well, the links for ...
What is the Difference between 'Voluntary Resignation' and 'Voluntary Retirement'?
October 02, 2021 15:51 - 8 minutes - 7.78 MBToday, I will talk about the case of Union of India & Another v. Abhiram Verma, Civil Appeal No. 1027 of 2020, wherein the Hon’ble Supreme Court discussed the difference between ‘voluntary resignation’ and ‘voluntary retirement’. To know more about it, please visit https://www.desikanoon.co.in/2021/10/voluntary-retirement-resignation-superannuation-difference.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Ap...
Supreme Court on Retrospective Seniority or Notional Seniority
September 30, 2021 13:40 - 5 minutes - 5.13 MBToday, I will talk about the case of State of Bihar & Others v. Arbind Jee, Civil Appeal No. 3767 of 2010, wherein the Hon’ble Supreme Court discussed the concept of Retrospective Seniority or Notional Seniority. To know more about it, please visit https://www.desikanoon.co.in/2021/09/retrospective-notional-seniority.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.com/us...
Supreme Court on the Doctrine of Approbate-Reprobate
September 29, 2021 14:57 - 5 minutes - 5.28 MBOn today’s show, we will talk about the case of Adani Gas Limited v. Union of India and Others, SLP (C) Nos. 28192-28193 of 2018, wherein the Hon’ble Supreme Court inter alia discussed the Doctrine of Approbate-Reprobate. To know more about it, please visit https://www.desikanoon.co.in/2021/09/approbate-reprobate-estoppel-election-meaning-doctrine.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts...
Supreme Court on Appointment of Arbitrator under Section 11 of the Arbitration Act
September 28, 2021 13:00 - 6 minutes - 5.55 MBToday, I will discuss the case of DLF Home Developers Limited v. Rajapura Homes Private Limited & Another, 2021 SCC OnLine SC 781, wherein the Hon’ble Supreme Court discussed Section 11 of the Arbitration & Conciliation Act, 1996 (in short, “Arbitration Act”), that deals with appointment of arbitrators. The facts of the case are not necessary for the purposes of this show and hence, the same are not being discussed here. To know more about it, please visit https://www.desikanoon.co.in/2021/...
Supreme Court on the Doctrine of Res Judicata
September 27, 2021 13:24 - 6 minutes - 5.94 MBToday, I will talk about the case of Jamia Masjid v. K.V. Rudrappa (since dead) by Lrs. & Others, 2021 SCC OnLine SC 792, wherein Hon’ble Supreme Court discussed the Doctrine of Res Judicata in detail. To know more about it, please visit https://www.desikanoon.co.in/2021/09/res-judicata-section-11-code-civil-procedure-cpc.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts.apple.c...
Supreme Court on Imposition of Costs in Civil and Commercial Litigations
September 22, 2021 17:22 - 6 minutes - 5.56 MBToday, I will discuss the case of Uflex Ltd. v. Govt. of Tamil Nadu & Others, 2021 SCC OnLine SC 738, wherein the Hon’ble Supreme Court discussed the concept of awarding costs in civil and commercial litigations. To know more about it, please visit https://www.desikanoon.co.in/2021/09/imposition-costs-cpc-35a-35b-civil-procedure.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://podcasts....
Supreme Court on Reinstatement of Contractual Employee due to Illegal Termination
September 22, 2021 13:44 - 5 minutes - 5.43 MBToday, I will talk about the case of Ram Manohar Joint Hospital and Others v. Munna Prasad Saini and Another, Civil Appeal No. 5810 of 2021, wherein the Hon’ble Supreme Court discussed whether a contractual employee working in a government establishment is entitled for reinstatement on account of his illegal termination or not. To know more about it, please visit https://www.desikanoon.co.in/2021/09/reinstatement-regularization-industrial-disputes.html Telegram: https://t.me/Legal_Talks_by...
What is the Doctrine of Constructive Notice
September 20, 2021 13:33 - 6 minutes - 6.38 MBToday, I will discuss the Doctrine of Constructive Notice in the context of a latest judicial pronouncement by the Hon’ble Supreme Court, namely, Salim D. Agboatwala & Others v. Shamalji Oddhavji Thakkar & Others, Civil Appeal No. 5641 of 2021. To know more about it, please visit https://www.desikanoon.co.in/2021/09/doctrine-constructive-notice-actual-implied.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Ap...
Supreme Court on Abetment of Suicide under Section 306 of IPC
September 18, 2021 12:13 - 6 minutes - 6.09 MBToday, I will discuss the case of Kanchan Sharma v. State of Uttar Pradesh & Another, Criminal Appeal No. 1022 of 2021, wherein the Hon’ble Supreme Court discussed Section 306 of the Indian Penal Code (IPC) that provides for punishment in relation to abetment of suicide. To know more about it, please visit https://www.desikanoon.co.in/2021/09/section-306-ipc-penal-code-suicide-abetment.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/U...
Supreme Court on Negative Kompetenz-Kompetenz, Interim Measures and S. 9 of Arbitration Act
September 17, 2021 14:55 - 8 minutes - 7.78 MBToday, I will discuss the case of Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd., 2021 SCC OnLine SC 718, wherein the Hon’ble Supreme Court discussed whether the Courts have the power to entertain an application under Section 9 (1) of the Arbitration and Conciliation Act, 1996 (in short, “Arbitration Act”), once an Arbitral Tribunal has been constituted. To know more about it, please visit https://www.desikanoon.co.in/2021/09/section-9-arbitration-interim-measures-interp...