Legal Talks by Desikanoon artwork

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

Supreme Court on Life Imprisonment and Rigorous Imprisonment

September 16, 2021 18:05 - 6 minutes - 5.84 MB

Today I will discuss the case of Md. Alfaz Ali v. The State of Assam, Special Leave Petition (Crl.) No. 6220 of 2018, wherein the Hon’ble Supreme Court discussed whether imprisonment for life means rigorous imprisonment for life. To know more about it, please visit https://www.desikanoon.co.in/2021/09/life-imprisonment-rigorous-naib-godse.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 Irretrievable Breakdown of Marriage and Mental Cruelty

September 14, 2021 17:35 - 6 minutes - 5.98 MB

Today, I will discuss the case of Sivasankaran v. Santhimeental, Civil Appeal Nos. 5984-4985 of 2021, wherein the Hon’ble Supreme Court discussed the broad contours under which a Decree of Divorce could be passed directly by the Supreme Court of India, without referring the parties to the Family Court, in exercise of powers under Article 142 of the Constitution of India.  To know more about it, please visit https://www.desikanoon.co.in/2021/09/article-142-divorce.html Telegram: https://t.m...

Supreme Court on Medical Negligence

September 13, 2021 14:31 - 5 minutes - 4.69 MB

Today, I will discuss the case of Dr. Harish Kumar Khurana v. Joginder Singh & Others, 2021 SCC OnLine SC 673, wherein the Hon’ble Supreme Court discussed about the basic principles that a Court ought to keep in mind while deciding cases relating to medical negligence. To know more about it, please visit https://www.desikanoon.co.in/2021/09/medical-negligence-2021.html To read more on Medical Negligence, please visit the following links: - https://www.desikanoon.co.in/2012/08/judicial-int...

Supreme Court on Section 103 of CPC and Findings of Fact in Second Appeals

September 11, 2021 11:09 - 5 minutes - 4.81 MB

Today, I am going to discuss the case of K.N. Nagarajappa & Others v. H. Narasimha Reddy, 2021 SCC OnLine SC 694, wherein the Hon’ble Supreme Court discussed Section 103 of the Code of Civil Procedure, 1908 (in short, “CPC”) that talks about power of the High Court to determine issues of fact in Second Appeals. To know more about it, please visit https://www.desikanoon.co.in/2021/09/section-103-cpc-second-appeal-fact.html To watch our earlier episode on S. 100 of CPC and Second Appeals, pl...

Supreme Court on Fraudulent Appointments in Public Employment

September 10, 2021 16:49 - 5 minutes - 5.4 MB

Today I am going to discuss the case of M/s. Bharat Coking Coal Ltd. v. Workmen, 2021 SCC OnLine SC 671, wherein the Hon’ble Supreme Court discussed about the consequences of fraudulent appointment in governmental services.  To know more about it, please visit https://www.desikanoon.co.in/2021/09/fraudulent-appointment-public-employment.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://p...

Supreme Court on What is a Judgment and its Meaning

September 09, 2021 14:26 - 5 minutes - 4.85 MB

On today’s show, we will discuss the case of Shakuntala Shukla v. State of Uttar Pradesh and Another, 2021 SCC OnLine SC 672, wherein the Hon’ble Supreme Court discussed the meaning of “judgment” at length. To know more about it, please visit https://www.desikanoon.co.in/2021/09/judgment-meaning-supreme-court.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...

Supreme Court on Seeking Declaration of Title in a Suit for Permanent Injunction

September 08, 2021 13:10 - 4 minutes - 3.97 MB

On today’s show, we will discuss the case of Kayalulla Parambath Moidu Haji v. Namboodiyil Vinodan, Civil Appeal Nos. 5575-5576 of 2021, wherein the Hon’ble Supreme Court discussed whether a suit simpliciter for permanent injunction without claiming declaration of title is maintainable or not? To know more about it, please visit https://www.desikanoon.co.in/2021/09/declaration-title-permanent-injunction-perpetual.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https...

Supreme Court on Distinction between 'Royalty' and ' Tax'

September 07, 2021 14:28 - 7 minutes - 6.44 MB

On today’s show, we will discuss the case of M/s. Indsil Hydro Power and Manganese Limited vs. State of Kerala and Ors., Civil Appeal Nos. 9845-9850 of 2016, wherein among other things, the Supreme Court considered whether imposition of ‘royalty’ by the Respondent State on use of water by the Appellants is justified or not. To know more about it, please visit https://www.desikanoon.co.in/2021/09/difference-royalty-tax-supreme-court.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon You...

Supreme Court on Second Appeals Under Section 100 of CPC

September 04, 2021 16:31 - 5 minutes - 5.16 MB

On today’s show, we will discuss the case of Balasubramanian and Another v. M. Arockiasamy (Dead) Through Lrs., 2021 SCC OnLine SC 655, wherein the Hon’ble Supreme Court discussed the scope of Section 100 of the Code of Civil Procedure, 1908 (in short, “CPC”) that deals with Second Appeal in civil matters. To know more about it, please visit https://www.desikanoon.co.in/2021/09/second-appeal-section-100-cpc-civil-procedure.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Chan...

Supreme Court on Doctrine of Harmonious Construction

September 03, 2021 17:51 - 5 minutes - 5.07 MB

On today’s show, we will discuss the case of Sanjay Ramdas Patil v. Sanjay & Others, 2021 SCC OnLine SC 650, wherein the Hon’ble Supreme Court discussed the Doctrine of Harmonious Construction.  To know more about it, please visit https://www.desikanoon.co.in/2021/09/harmonious-construction-justice-gavai-.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/leg...

Supreme Court on Oral Orders Granting Interim Protection from Arrest to Accused Persons

September 02, 2021 16:34 - 5 minutes - 5.14 MB

On today’s show, we will discuss the case of Salimbhai Hamidbhai Menon v. Niteshkumar Maganbhai Patel & Another, 2021 SCC OnLine SC 647, wherein the Hon’ble Supreme Court discussed a matter in which through an Oral Order, a High Court had granted interim protection against arrest of Respondent No. 1 in Section 482 proceedings. To know more about Section 482 of CrPC, you may visit my earlier post for which the link is provided in the description.  On today’s show, we will discuss the case of...

What is the Meaning of Withdrawal from Prosecution under Section 321 of CrPC?

September 01, 2021 15:39 - 5 minutes - 5.17 MB

On today’s show, we will discuss the case of Ashwini Kumar Upadhyay v. Union of India & Another, 2021 SCC OnLine SC 629, wherein the Hon’ble Supreme Court inter alia discussed about the misuse of Section 321 of the Code of Criminal Procedure, 1973 (in short, “CrPC”) by Prosecutors. Section 321 of CrPC deals with the power of the Prosecutors to withdraw from the Prosecutions. To know more about it, please visit https://www.desikanoon.co.in/2021/09/withdrawal-prosecution-321-crpc-criminal-cod...

Supreme Court on Rejection of Plaint under O.7 R.11 of CPC due to Res Judicata

August 31, 2021 16:49 - 6 minutes - 6.12 MB

On today’s show, we will discuss the case of Srihari Hanumandas Totala v. Hemant Vithal Kamat and Others, 2021 SCC OnLine SC 565, wherein the Hon’ble Supreme Court discussed Order VII Rule 11 (d) of the Code of Civil Procedure, 1908 (in short, “CPC”) that deals with the contingencies under which a Plaint could be rejected by the Trial Court where the suit appears from the statement in the plaint to be barred by any law. To read further about it, kindly refer to my earlier post in the year 20...

Can 'Creamy Layer' be Determined Solely on the Basis of Income?

August 30, 2021 17:38 - 8 minutes - 8.16 MB

On today’s show, we will discuss the case of Pichra Warg Kalyan Mahasabha Haryana (Regd.) and Another v. State of Haryana & Another, 2021 SCC OnLine SC 635, wherein the Hon’ble Supreme Court discussed the concept of ‘creamy layer’ in relation to Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016. To know more about it, please visit https://www.desikanoon.co.in/2021/08/reservation-creamy-layer-indra-sawhney-haryana.html Telegram: https://t...

Supreme Court on Arrest at the Time of Filing of Chargesheet under S. 170 of CrPC

August 28, 2021 06:54 - 5 minutes - 4.68 MB

On today’s show, we will discuss the case of Siddharth v. State of Uttar Pradesh & Another, 2021 SCC OnLine SC 615, wherein the Hon’ble Supreme Court interpreted Section 170 of CrPC that provides for forwarding an accused to the Magistrate at the time of filing of chargesheet. To know more about it, please visit https://www.desikanoon.co.in/2021/08/supreme-court-section-170-crpc-code-chargesheet-criminal-arrest-custody.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel:...

Supreme Court on Poor State of Affairs Prevalent in Consumer Bodies in India

August 24, 2021 15:57 - 4 minutes - 3.9 MB

On today’s show, we will discuss the case of In Re: Inaction of the Governments in Appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and Inadequate Infrastructure Across India v. Union of India and Others, 2021 SCC OnLine SC 602, wherein the Hon’ble Supreme Court discussed the state of affairs prevalent in the Consumer Forums across the country due to existing vacancies for the post of President and Members that have not been fulfilled since...

Supreme Court on Powers of Governor to Grant Pardon or Remit Sentences

August 21, 2021 11:13 - 3 minutes - 3.5 MB

On today’s show, we will talk about the case of State of Haryana v. Raj Kumar alias Bittu, 2021 SCC OnLine SC 539, wherein the Hon’ble Supreme Court discussed the scope of power of the Governor to grant pardons and remit sentences. To know more about it, please visit https://www.desikanoon.co.in/2021/08/governor-article-161-constitution-supreme-court-interpretation-remit-commute-suspend-pardon.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/c...

Supreme Court on Compassionate Appointment and Part-Time Employment

August 06, 2021 13:29 - 4 minutes - 3.99 MB

On today’s show, we will talk about the case of State of Uttar Pradesh & Others v. Uttam Singh, Civil Appeal No. 4575/2021, wherein the Hon’ble Supreme Court discussed a matter relating to Compassionate Appointment under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. To know more about it, please visit https://www.desikanoon.co.in/2021/08/supreme-court-compassionate-appointment-dying-harness.html Telegram: https://t.me/Legal_Talks_by_DesiKa...

Supreme Court on Giving False Evidence before a Court

August 05, 2021 14:32 - 5 minutes - 5.33 MB

On today’s show, we will talk about the case of N.S. Nandiesha Reddy v. Kavitha Mahesh, 2021 SCC OnLine SC 538, wherein the Hon’ble Supreme Court discussed when prosecutions should be initiated in cases of giving false evidence before a Court. To know more about it, please visit https://www.desikanoon.co.in/2021/08/false-evidence-supreme-court-prosecution-193-ipc.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w...

Supreme Court on the Law of Preventive Detention

August 04, 2021 18:15 - 8 minutes - 8.21 MB

On today’s show, we will discuss the case of Bankha Sneha Sheela v. State of Telangana & Others, 2021 SCC OnLine SC 350, wherein the Hon’ble Supreme Court discussed the circumstances under which a person could be preventively detained by the State. To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/08/introduction-on-todays-show-we-will.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2...

Supreme Court on Appropriate Behavior by Judicial Officers

August 03, 2021 18:22 - 5 minutes - 5.17 MB

On today’s show, we will discuss the case of Neeraj Garg v. Sarita Rani & Others, Civil Appeal Nos. 4555-4559 of 2021, wherein the Supreme Court discussed about judicial restraint and use of intemperate language in orders by the Courts. To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/08/judicial-restraint-behaviour-decorum-discipline-supreme-court.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7...

Supreme Court on Power of a Magistrate under S. 156 (3) of CrPC to Order Investigation

August 02, 2021 15:17 - 6 minutes - 6.22 MB

To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/08/anticipatory-bail-438-issue-process-202-200-complaint-order-magistrate-investigation-156-crpc.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/3KdnziPc4I73VfEcFJa59X?si=vYgrOEraQD-NjcoXA2a7Lg&dl_bran...

Supreme Court on the Meaning of Seniority-cum-Merit Principle

July 31, 2021 11:00 - 7 minutes - 6.66 MB

On today’s show, we will discuss the case of Tek Chand and others v. Bhakra Beas Management Board and Others, Civil Appeal No. 4482/2021, wherein the Hon’ble Supreme Court explained the meaning of Seniority-cum-Merit Principle in Service Jurisprudence. To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/meaning-seniority-cum-merit-promotion.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S4...

Supreme Court on Binding Nature of a Letter of Intent

July 29, 2021 17:52 - 5 minutes - 4.98 MB

On today’s show, we will talk about the case of South Eastern Coalfields Ltd. and Others v. S. Kumar's Associates AKM (JV), 2021 SCC OnLine SC 486, wherein the Court discussed whether a Letter of Intent executed between the parties to enter into a Contract could be construed as binding or not.  To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/NIT-contract-tender-letter-of-intent-supreme-court-binding.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon Yo...

Supreme Court on Regularization of Daily Wage Earners

July 28, 2021 15:06 - 4 minutes - 4.22 MB

On today’s show, we will discuss the case of Vice Chancellor Anand Agriculture University v. Kanubhai Nanubhai Vaghela and Another, 2021 SCC OnLine SC 491, wherein the Hon’ble Supreme Court discussed whether the daily wagers are entitled for regularization of their services.  To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/daily-wagers-wage-workers-supreme-court-regularization.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://...

Supreme Court on Importance of Ocular Evidence in Criminal Cases

July 27, 2021 17:28 - 7 minutes - 6.41 MB

On today’s show, we will discuss the case of Pruthviraj Jayantibhai Vanol v. Dinesh Dayabhai Vala & Others, Criminal Appeal No. 177 of 2014, wherein the Hon’ble Supreme Court discussed about the importance of Ocular Evidence in Criminal Cases. To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/ocular-evidence-medical-doctor-incised-wounds-injuries.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7...

Supreme Court on Testimony of Injured Eye-Witness

July 26, 2021 11:54 - 3 minutes - 3.43 MB

Today we will talk about the case of Lakshman Singh v. State of Bihar (now Jharkhand), Criminal Appeal No. 606 of 2021, wherein the Hon’ble Supreme Court inter alia discussed the importance of testimony of injured eyewitnesses in criminal cases. To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/injured-eye-witness-supreme-court-reliability-testimony.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVC...

Supreme Court on Section 197 of CrPC

July 24, 2021 14:32 - 6 minutes - 5.94 MB

On today’s show, we will discuss the case of Indra Devi v. State of Rajasthan & Another, Criminal Appeal No. 593 of 2021, wherein the Hon’ble Supreme Court discussed Section 197 of the Code of Criminal Procedure, 1973 (in short, “CrPC”) that deals with sanction or permission for prosecution of public servants.  To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/sanction-prosecution-197-crpc-criminal.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTu...

Impermissibility to give Criminal Color to a Civil Dispute and Neeharika Principles

July 23, 2021 14:17 - 6 minutes - 6 MB

On today’s show, we will discuss the case of A.P. Mahesh Cooperative Urban Bank Shareholders Welfare Association v. Ramesh Kumar Bung and Others, 2021 SCC OnLine SC 475, wherein the Supreme Court discussed a case wherein interim protection in the form of stay on criminal proceedings, was granted by a High Court to accused persons, in certain criminal proceedings. In the instant matter, the Supreme Court extensively referred to its earlier judicial pronouncement of Neeharika Infrastructure P...

Supreme Court on Suits By or Against Minors

July 22, 2021 13:27 - 6 minutes - 6.11 MB

On today’s show, we will discuss the case of K.P. Natarajan v. Muthalammal and Others, 2021 SCC OnLine SC 467, wherein the Hon’ble Supreme Court discussed Order XXXII of the Code of Civil Procedure, 1908 (in short, “CPC”) that deals with Suits by or against Minors and Persons of Unsound Mind. To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/order-32-suits-by-against-minors.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.y...

Supreme Court on Enhancement of Age of Retirement or Superannuation

July 21, 2021 17:47 - 5 minutes - 5.05 MB

On today’s show, we will discuss the case of New Okhla Industrial Development Authority and Another v. B.D. Singhal and Others, 2021 SCC OnLine SC 466, wherein the Supreme Court examined the correctness of a decision by the State of UP to give prospective effect to the enhancement in the age of superannuation from 58 years to 60 years.  To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/enhancement-age-superannuation-retirement-policy-matter.html Telegram: ht...

Supreme Court On Study Leave by a Doctor During Covid-19

July 20, 2021 18:32 - 6 minutes - 6.3 MB

On today’s show, we will discuss the case of Dr. Rohit Kumar v. Secretary, Office of Lt. Governor of Delhi & Others, 2021 SCC OnLine SC 468, wherein the Supreme Court discussed whether a doctor could pursue higher studies at the time of Covid-19 Pandemic or not. To read more about it, please visit our Blog https://www.desikanoon.co.in/2021/07/PG-Medical-Doctor-Study-Leave-Covid-19.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVC...

MP High Court on Black-Marketing of Remdesivir

July 19, 2021 18:20 - 10 minutes - 9.9 MB

On today’s show, we will discuss two judicial pronouncements of Hon’ble High Court of Madhya Pradesh, namely, Sonu Bairwa v. State of M.P. & Others, 2021 SCC OnLine MP 1212, and Hariom v. State of Madhya Pradesh, M.Cr.C. No. 33471 of 2021. The first Judgment was pronounced by the Division Bench of Hon’ble Shri Justice Sujoy Paul and Hon’ble Shri Justice Anil Verma and was authored by Hon’ble Shri Justice Sujoy Paul, and the second Order was pronounced and authored by the Single Bench of Hon’...

What is Horizontal Reservation and How it Applies?

July 17, 2021 18:04 - 6 minutes - 5.63 MB

On today’s show, we will discuss about horizontal reservation. We hear this term very often and many a times, people get confused between horizontal and vertical reservation. Let us understand its meaning. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/horizontal-reservation-vertical-reservation-meaning.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Apple Podcasts: https://p...

Supreme Court on the Limits on Judges

July 16, 2021 18:19 - 4 minutes - 3.88 MB

On today’s show, we will discuss the case of State of Uttar Pradesh and others v. Dr. Manoj Kumar Sharma, 2021 SCC OnLine SC 460, wherein the Supreme Court reprimanded the practice of certain High Courts to seek personal appearance of officers and exert pressure on them. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/personal-appearance-summoning-officers-contempt-supreme-court.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https:/...

Supreme Court on Revision of Pay Scale and Financial Difficulties of Employer

July 15, 2021 16:40 - 7 minutes - 6.96 MB

On today’s show, we will discuss the case of Punjab State Co-operative Milk Producers Federation Ltd. and Another v. Balbir Kumar Walia and Others, 2021 SCC OnLine SC 461, wherein the Hon’ble Supreme Court discussed an important question relating to the financial difficulties faced by an employer and its effect on the wages of the employees, specifically in the context of governmental establishments. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/payment-re...

Supreme Court on Payment of Compensation in Bail Matters

July 14, 2021 14:17 - 4 minutes - 4.43 MB

On today’s show, we will discuss the case of Dharmesh and Another v. State of Gujarat, 2021 SCC OnLine SC 458, wherein the Hon’ble Supreme Court discussed whether a condition to deposit monetary compensation for grant of bail is justified or not.  To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/compensation-bail-439-crpc-grant.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w Ap...

Supreme Court on Legislative Privilege

July 12, 2021 18:27 - 6 minutes - 5.82 MB

On today’s show, we will discuss the case of Ajit Mohan and Others v. Legislative Assembly National Capital Territory of Delhi and Others, 2021 SCC OnLine SC 456. We had discussed this case on the last show regarding the observations of the Hon’ble Supreme Court in relation to wastage of judicial time. Today we will discuss the issue of legislative privilege that was discussed in this case.  To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/legislative-privile...

Supreme Court on Wastage of Judicial Time

July 10, 2021 19:41 - 6 minutes - 6.03 MB

On today’s show, we will discuss certain excerpts of a judgment wherein Hon’ble Justice Sanjay Kishan Kaul of the Hon’ble Supreme Court of India, wrote a postscript highlighting the tedious and the time-consuming nature of proceedings that transpires in our Courts. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/facebook-supreme-court-time-waste-judicial-proceedings.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube....

Supreme Court on Public Mischief and S.153A of IPC

July 09, 2021 17:13 - 7 minutes - 6.4 MB

On today’s show, we will discuss the case of Patricia Mukhim v. State of Meghalaya & Others, 2021 SCC OnLine SC 258, wherein the Supreme Court quashed a case under S.153A of IPC that deals with promoting enmity between different groups and doing acts prejudicial to maintenance of harmony. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/Patricia-Mukhim-153A-IPC-penal-code.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.you...

Supreme Court on Joint Liability in Cheque Dishonour Cases

July 08, 2021 14:56 - 6 minutes - 6.11 MB

On today’s show, we will discuss the case of Alka Khandu Avhad v. Amar Syamaprasad Mishra & Another, 2021 SCC OnLine SC 189, wherein the scope of S.138 and S. 141 of the Negotiable Instruments Act, 1881, (NI Act) in relation to joint liability was discussed by the Hon’ble Supreme Court. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/cheque-dishonour-bounce-138-section-negotiable-instrument-supreme-court.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon...

Supreme Court on Drunk Driving and Insurance Claims

July 07, 2021 17:17 - 7 minutes - 7.11 MB

On today’s show, we will discuss the case of IFFCO TOKIO General Insurance Company Ltd. v. Pearl Beverages Ltd., 2021 SCC OnLine SC 309, wherein the Hon’ble Supreme Court discussed the influence of liquor on driving and its legal implications. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/blood-alcohol-content-supreme-court-concentration-drunk-driving-views.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www.youtube.com/cha...

Supreme Court on Retrospective Application of Prospective Amendments

July 06, 2021 16:42 - 6 minutes - 6.27 MB

On today’s show, we will discuss the case of Puneet Sharma and Others v. Himachal Pradesh State Electricity Board Ltd. and Another, 2021 SCC OnLine SC 291. In this case, the Hon’ble Supreme Court discussed whether clarificatory amendments can operate retrospectively or not. It is pertinent to note that we had discussed this case yesterday as well to understand the difference between a Degree and a Diploma.  To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/dif...

Supreme Court on Difference between a Degree and a Diploma

July 05, 2021 15:29 - 7 minutes - 6.54 MB

On today’s show, we will discuss the case of Puneet Sharma and Others v. Himachal Pradesh State Electricity Board Ltd. and Another, 2021 SCC OnLine SC 291. In this case, the Hon’ble Supreme Court discussed whether a Degree in a particular discipline is technically a higher qualification than a Diploma in that discipline. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/difference-between-degree-diploma-service-law-supreme-court.html Telegram: https://t.me/Le...

Supreme Court on Family Reunion under Hindu Law

July 03, 2021 16:45 - 6 minutes - 5.97 MB

On today’s show, we will again discuss the case of R. Janakiammal v. S.K. Kumarasamy (Deceased) through Legal Representatives and Others, Civil Appeal No. 1537/2016, that we had discussed yesterday in relation to Compromise Decree. Today, we will discuss this very case to understand the concept of Reunion in Hindu Law.   To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/supreme-court-family-reunion-hindu-law.html Telegram: https://t.me/Legal_Talks_by_DesiKan...

What is a Compromise Decree and Can it be Challenged in an Appeal?

July 02, 2021 17:21 - 8 minutes - 7.45 MB

Today, we will discuss the case of R. Janakiammal v. S.K. Kumarasamy (Deceased) through Legal Representatives and Others, Civil Appeal No. 1537/2016. In this case, the Hon’ble Supreme Court of India discussed the meaning and the scope of a Compromise or a Consent Decree in terms of Order XXII Rule 3 of the Code of Civil Procedure, 1908 (in short, “CPC”). To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/consent-compromise-order-22-rule-3-cpc-proviso.html Tele...

Supreme Court on Covid-19 Relief Package by the Government

July 01, 2021 17:41 - 7 minutes - 6.81 MB

On today’s show, we will discuss the case of Reepak Kansal v. Union of India and Others, Writ Petition (Civil) No. 554 of 2021, wherein the Hon’ble Supreme Court of India, interpreted S. 12 of the Disaster Management Act that provides for ex gratia assistance to sufferers of a disaster, in light of the Covid-19 pandemic. Ex gratia literally means “by favour.” To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/07/supreme-court-covid-19-relief-assistance.html Teleg...

Supreme Court on Reservation in Promotion for Persons with Disability

June 30, 2021 17:25 - 8 minutes - 7.36 MB

On today’s show, we will discuss the case of the State of Kerala & Others v. Leesamma Joseph, Civil Appeal No. 59 of 2021, wherein vide Judgment dated 28.06.2021, the Hon’ble Supreme Court of India decided the question whether persons having physical disability could be granted reservation in promotion.   To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/supreme-court-reservation-promotion-pwd-persons-with-disability.html Telegram: https://t.me/Legal_Talks_b...

Supreme Court on Welfare of Migrant Workers during Covid-19 Pandemic

June 29, 2021 13:36 - 7 minutes - 6.52 MB

On today’s show we will discuss another latest judicial pronouncement, namely, Bandhua Mukti Morcha v. Union of India & Others, Suo Motu Writ Petition (Civil) No. 6 of 2020, wherein the Hon’ble Supreme Court of India, vide Judgment dated 29.06.2021, passed certain directions for the welfare and well-being of the migrant workers and unorganized labourers of India.   To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/supreme-court-on-welfare-of-migrant.html Tel...

What is Provisional Attachment under the Law of GST?

June 28, 2021 14:33 - 10 minutes - 9.44 MB

On today’s show, we will discuss the case of Radha Krishnan Industries v. State of Himachal Pradesh and Others, 2021 SCC OnLine SC 334, wherein the Supreme Court, dealt with the interpretation of Section 83 of the Himachal Pradesh GST Act that provides for provisional attachment of property, and consequently, also discussed the scope of Article 226 of the Constitution of India in relation to cases where an alternative efficacious remedy exists.   To read more about it, please visit our Blo...