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 Disclosure of Financial Information by RBI under the RTI Act
June 27, 2021 14:32 - 6 minutes - 6.35 MBOn today’s show, we will discuss a case that has a chequered history. The name of the Case is Reserve Bank of India v. Jayantilal N. Mistry & Another, 2021 SCC OnLine SC 348, involving questions relating to disclosure of financial information under the RTI Act. In order to understand the matter, let us go through the chronology of events that has transpired in relation to this case. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/RBI-RTI-.html Telegram: ...
Supreme Court on Grounds of Appeal in Acquittal Cases
June 26, 2021 09:16 - 6 minutes - 5.73 MBTo read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/criminal-.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_branch=1&nd=1 Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1...
Supreme Court on Judicial Review of Administrative Actions
June 24, 2021 09:22 - 5 minutes - 4.89 MBToday we will discuss the case of Utkal Suppliers v. Maa Kanak Durga Enterprises & Others, 2021 SCC SC OnLine SC 301, wherein the Supreme Court discussed about the judicial review of administrative actions, specifically in the context of Governmental Tenders. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/judicial-review-administrative-action-tender-document-contract-interpretation-supreme-court.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon You...
What is Framing of Charges under CrPC?
June 23, 2021 13:10 - 5 minutes - 4.78 MBOn today’s show, we will discuss the case of State of Rajasthan v. Ashok Kumar Kashyap, 2021 SCC OnLine SC 314, wherein the Hon’ble Supreme Court discussed the law relating to framing of charges under the Code of Criminal Procedure, 1973. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/crpc-code-criminal-procedure-framing-of-charges-discharge-227-228-section-supreme-court.html Telegram: https://t.me/Legal_Talks_by_DesiKanoon YouTube Channel: https://www...
Supreme Court on Grant of Interim Protection in S.482 Cases
June 22, 2021 16:29 - 7 minutes - 6.89 MBTo read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/section-482-code-criminal-procedure-crpc-guidelines-directions-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/legal-talks-by-desikanoon/id1510617120 Spotify: https://open.spotify.com/show/3KdnziPc4I73VfEcFJa59X?si=vYgrOEraQD-NjcoXA2a7Lg&dl_branch=1&nd=1 Google ...
Supreme Court quashed Criminal Cases against Italian Marines in India
June 21, 2021 09:44 - 7 minutes - 7 MBTo read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/law-podcast-show-enrica-lexie-italian-ship-massimiliano-latorre-salvatore-girone-fisherman.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_branch=1...
Supreme Court on Delay in Cheque Dishonour Cases (S.138)
June 19, 2021 18:26 - 5 minutes - 4.85 MBTelegram: 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_branch=1&nd=1 Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARAD Amazon Music: ...
Supreme Court on Environmental Protection of Great Indian Bustard and Lesser Florican
June 18, 2021 16:02 - 6 minutes - 6.19 MBTelegram: 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_branch=1&nd=1 Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARAD Amazon Music: ...
Supreme Court on Delay in Execution of Decrees
June 17, 2021 18:52 - 6 minutes - 5.78 MBIn this case, the Supreme Court discussed the constant abuse of procedural provisions that defeat justice, such as putting up frivolous objections or setting up third parties to contest for the sake of delaying the outcome in a case. BACKGROUND Let us discuss the brief background of this case. The facts of the case at hand are not relevant for the purposes of this show and we just need to know that there was a case that was being contested since last more than two decades and des...
Supreme Court on Protection of Children during Covid-19
June 16, 2021 14:48 - 4 minutes - 3.95 MBTelegram: 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_branch=1&nd=1 Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARAD Amazon Music: ...
What is the meaning of Sui Generis?
June 15, 2021 15:27 - 4 minutes - 3.84 MBTelegram: 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_branch=1&nd=1 Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARAD ...
What is the Legal Meaning of Expunging or Expunction of Adverse Remarks?
June 14, 2021 13:18 - 7 minutes - 6.93 MBTelegram: 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_branch=1&nd=1 Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARAD ...
What is the Doctrine of Functus Officio?
June 12, 2021 16:23 - 9 minutes - 9.13 MBPlain Meaning of functus officio 1. Black’s Law Dictionary, Eighth Edition (2004), defines functus officio as: - “having performed his or her office (of an officer or official body) without further authority or legal competence because the duties and functions of the original commission have been fully accomplished.” 2. P. Ramanatha Aiyar's Law Lexicon provides its meaning as: - “A term applied to something which once has had a life and power, but which has become of no virtu...
Remarks by Madras High Court on Election Commission and Free Press – Views of Supreme Court
June 11, 2021 17:34 - 10 minutes - 9.17 MBWhat the Court predominantly did in this Judgment was to reiterate the principles of Open Court, Judicial Restraint and Free Press. Usually, a case like this could have been dismissed in limine since the EC was seeking the relief that the media should be allowed to report only what forms the record of court proceedings and nothing else such as oral remarks. I feel that there is a need to understand that Media cannot be seen in abstract terms. It is comprised of the citizens of India. These c...
What is the Meaning of Prima Facie and Prima Facie Case?
June 10, 2021 18:13 - 8 minutes - 7.44 MBIntroduction The term prima facie is a term of wide amplitude, and it has acted as a potent tool for the courts to ascertain whether a case is worth listening to or not. It is also useful in the law of evidence wherein for specific purposes such as framing of charges or temporary injunction, a prima facie case is required to be established. Usually, these terms are taken for granted and their dictionary meaning though explains what they mean, yet the dictionary meaning is not suffici...
Supreme Court on Transfer of Criminal Cases
June 09, 2021 17:25 - 12 minutes - 11.2 MBFacts in Brief In this case, transfer of a Criminal Trial from the Court at Salem (Tamil Nadu) to Patiala House Court, New Delhi, was sought by the Petitioner. A private complaint was filed before a Magistrate in respect of illegal use of a Trademark and in the said Criminal Trial, the evidence of prosecution witnesses was over, and the matter was fixed for appearance of the accused. Some civil suits were also filed in the said trademark dispute matter by the Respondents and the same...
Supreme Court on Release of Prisoners due to Covid-19 and Prison Reforms
June 08, 2021 14:25 - 9 minutes - 8.81 MBBackground In this case, the Court discussed that on 16.03.2020, it had sought response from the Government Officials in relation to the immediate measures to be adopted for the welfare of prison inmates and juveniles lodged in remand homes. Vide Order dated 23.03.2020, various High-Powered Committees were set up and on the basis of their recommendations, lot of prisoners were released either on Interim Bail or Parole. Parole is temporary release of prisoner before completion of a se...
Disgraceful Conduct of the Institute of Chartered Accountants of India
June 07, 2021 15:18 - 11 minutes - 10.7 MBFacts in Brief The Petitioner was a Chartered Accountancy (CA) aspirant. On 20.11.2020, concerned with the pandemic situation, she wrote an Email to the functionaries of the Institute of Chartered Accountants of India (ICAI) cautioning that if the CA Exams are held during the time of Covid-19 pandemic, it will lead to exponential growth in number of Covid cases and sought development of online infrastructure for conducting CA Exams. Later on, during 22.01.2021 to 07.02.2021, she had ...
Supreme Court on Interpretation of Insolvency and Bankruptcy Code
June 06, 2021 17:43 - 14 minutes - 13.3 MBBrief Background In the present case, a Notification dated 15.11.2019 issued by the Central Government was challenged. Vide this Notification, certain provisions of the IBC were brought into force only as far as they relate to personal guarantors of corporate debtors, under the exercise of powers under Section 1 (3) of the IBC. Section 1 (3) states that: - “It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provi...
Vinod Dua v. Union of India - What is Sedition?
June 05, 2021 18:25 - 14 minutes - 13.2 MBFacts in Brief A bare perusal of the relevant excerpts of the Complaint based on which the FIR was registered would be sufficient to explain the background of the case. The same is as follows: - “The Vinod Dua Show on YouTube, has made unfounded and bizarre allegations (details of particular moments are provided below) by stating following facts at 5 minutes and 9 seconds of the video, he has stated that Narendra Modi has used deaths and terror attacks to garner votes. At 5 minutes a...
Supreme Court on Dowry Deaths
June 03, 2021 19:06 - 8 minutes - 8.07 MBProvisions of Law Section 304-B of the Indian Penal Code, 1860 “Dowry death. —(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called ‘dowry death’, and such husband or relative...
Supreme Court on Anticipatory Bails
June 02, 2021 17:35 - 10 minutes - 9.74 MBWithout going into the specific facts of the case, the crux of the matter is that the High Court of Judicature at Allahabad passed an Order wherein it was breathing hot and cold at the same time. Vide the same Order, on one hand, it rejected the Application for Anticipatory Bail under S. 438 of CrPC and on the other hand, it directed the Applicant to “….appear and surrender before the court below within 90 days from today and apply for bail, their prayer for bail shall be considered and deci...
Discharge of Accused and Power of Revision in Criminal Cases
May 31, 2021 19:44 - 10 minutes - 9.31 MBFacts in Brief In the instant case, the accused had moved an Application seeking discharge under Section 239 of CrPC contending that he has been falsely implicated. However, his application was dismissed by the Trial Court on the ground that the merits of the case can be gone into only at the later stages of trial. The accused moved the High Court under its revisionary jurisdiction of Section 397 of CrPC but the High Court also declined to entertain the Revision Petition observing that i...
Supreme Court on How to Interpret a Contract
May 29, 2021 11:50 - 11 minutes - 10.4 MBFacts in Brief The facts in brief are that an Agreement was executed between two parties relating to a Business of the stationery in the name of “Karandikar Brothers” in which the two main clauses were: - “A. The Stationery Shop by name “Karandikar Brothers” belonging to you of the stationary materials which is situated in the premises described in Para 1 (a) above and in which the furniture etc. as described in Para 1 (b) above belonging to is existing is being taken by me for con...
Supreme Court on Reduction of Fees by the Schools due to Covid-19
May 06, 2021 16:04 - 21 minutes - 19.5 MBThere were two sets of petitions. In the first set of Petitions, private unaided schools had assailed the validity of the Rajasthan Schools (Regulation of Fee) Act, 2016 (in short, “Act of 2016”) and in the second set of Petitions, Orders directing deferment of collection of school fees including reduction of fees limited to 70% of Tuition Fees by CBSE Schools and 60% from Rajasthan Board Schools, in view of reduction of syllabus by the respective Boards due to the Covid-19 Pandemic. FIR...
Supreme Court on Extension on Period of Limitation - Part II
May 04, 2021 20:10 - 7 minutes - 6.51 MBObservations by the Court Before proceeding any further, it would be pertinent to note that on 23.03.2020 and 27.03.2020, the Hon’ble Supreme Court had extended “the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders.” Thereafter on 08.03.2021, the Hon’ble Supreme Court passed a subsequent Order stating that since the country is returning to normalcy and the Courts have started functioning phys...
Reforms in Criminal Trials - Part II
May 03, 2021 11:51 - 7 minutes - 7.26 MB1. In the case of Bipin Shantilal Panchal v. State of Gujarat, (2001) 3 SCC 1, practices with respect to objections regarding questions to be put to witnesses were enunciated and it was directed that the Court must record answers to all questions, regardless of objections. However, this may lead to prolonged and lengthy cross examination, and more often than not, irrelevant facts having no bearing on the charge or the role of the accused, are brought on record, which often result in great pr...
Reforms in Criminal Trials and Supreme Court of India
May 02, 2021 09:50 - 9 minutes - 8.97 MBThe Hon’ble Supreme Court had taken up this issue earlier in the year 2017 and upon years of deliberation and consultation, “Draft Rules of Criminal Practice, 2020” was formulated. Accordingly, to the Court, such Rules are no in no way repugnant to the existing criminal procedure laws. Before adverting further, let us understand the “Draft Rules of Criminal Practice, 2020.” It has provided for the following important points: - 1. Body Sketch to accompany Medico-Legal Certificates, Po...
Supreme Court on Computation of Limitation Period during Covid-19 Pandemic
March 11, 2021 15:24 - 4 minutes - 4.02 MBVide Order dated 27.03.2020 in the instant, the Hon’ble Supreme Court had extended “the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders.” The Court also observed that though the end of the pandemic remains to be seen yet there seems to be considerable improvement in the state of affairs and it is of the opinion that the Order extending the period of limitation has served its purpose. Imp...
What is the meaning of Family Settlement in India?
February 25, 2021 17:02 - 8 minutes - 8.1 MBEarlier Judgments on Family Settlement The Court started by citing Ram Charan Das v. Girjanandini Devi, (1965) 3 SCR 841, to explain the concept of family that could enter into a family settlement. According to the Court, “every party taking benefit under a family settlement must be related to one another in some way and have a possible claim to the property or a claim or even a semblance of a claim.” Further, it was observed that “all that is necessary is that the parties must be relate...
Modification in a Consent Decree by the Court
February 23, 2021 17:30 - 8 minutes - 7.57 MBConsent Decree A Compromise between the parties to a litigation is generally recorded under O.23 R.3 of the Code of Civil Procedure, 1908 that states as under: - “3. Compromise of suit— Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties or where the defendant satisfied the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court...
Condition to Pre-Deposit Money to Prefer an Appeal and its Validity
February 22, 2021 16:06 - 7 minutes - 7.18 MBImportant Legal Provision Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 – “Deposit of amount of debt due, on filing appeal - Where an appeal is preferred by any person from whom the amount of debt is due to a bank or a financial institution or a consortium of banks or financial institutions, such appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal fifty per cent of the amount of debt so due from him as dete...
Refund of Court Fees - Latest Case Law
February 20, 2021 18:21 - 9 minutes - 8.45 MBImportant Legal Provisions Section 69-A of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 “69-A. Refund on settlement of disputes under section 89 of Code of Civil Procedure.—Where the Court refers the parties to the suit to any of the modes of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (Central Act V of 1908), the fee paid shall be refunded upon such reference. Such refund need not await for settlement of the dispute.” Section 89...
Freezing of Bank Accounts under Prevention of Money Laundering Act
February 19, 2021 16:26 - 8 minutes - 7.56 MBIn the present case, the Appellant had approached the Court alleging that since its bank accounts are frozen illegally by the Respondents, it is not able to clear the statutory dues that it otherwise would have cleared. In response, the Enforcement Directorate (ED) did concede that while freezing the bank accounts, it did not comply with the mandate of Section 17 of PMLA. According to the ED, the apparent purpose to freeze the bank accounts is to stop the further layering/division of proceed...
Time Limit for Arbitral Award and Appointment of Arbitrator in India
February 07, 2021 14:08 - 5 minutes - 4.99 MBTime Limit for Arbitral Award Before adverting any further, let us peruse the relevant excerpts of Section 29A of the Arbitration and Conciliation Act, 1996. “29A. Time limit for arbitral award.—(1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference. Explanation.— For the purpose of this sub-section, an arbitral tribunal shall be deemed to have entered upon the reference on the date on which the arbitrator or all th...
Permissible Style of Writing Names for an Advocate in India
January 31, 2021 13:30 - 5 minutes - 5.22 MBImportant Legal Provisions Order IV Supreme Court Rules, 2013 – Advocates Rule 13(1) – An advocate-on-record or a firm of advocates may employ one or more clerks to attend the registry for presenting or receiving any papers on behalf of the said advocate or firm of advocates… Rule 22 – Two or more advocates on record may enter into a partnership with each other, and any partner may act in the name of the partnership provided that the partnership is registered with the Registrar…....
Supreme Court of India on the Probation of Offenders Act
January 31, 2021 13:13 - 8 minutes - 7.35 MBFacts in Brief The Appellants were youngsters (19-20 years of age) at the time of commission of offence under Section 397 (Robbery, or dacoity, with attempt to cause death or grievous hurt) of the Indian Penal Code, 1860 (in short, “IPC”). They were convicted under the said provisions and sentenced to undergo Rigorous Imprisonment of 7 years each. Section 397 of IPC reads as under: - “If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes...
Supreme Court of India on Consensual Affairs and Kidnapping
January 22, 2021 11:03 - 9 minutes - 9.1 MBThe Prosecution attempted to establish that the Accused had repeatedly raped the Prosecutrix and was forcibly taken away to perform marriage with the Accused. The defence of the Accused was that both the Accused and the Prosecutrix were allegedly in love and had consensual physical relations since long before the date of the incident. It was further contended that the Prosecutrix ran away on her own without any enticement being on the side of the Accused. Thus, no charges relating to kid...
Is Filing of Second FIR based on the same Cause of Action Permissible in India?
January 20, 2021 20:13 - 10 minutes - 10 MBIn the celebrated case of Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1, following important points were explained: - 1. The First Information Report is in fact the “information” that is received first in point of time, which is either given in writing or is reduced to writing. It is not to be confused with the Case Diary wherein the “substance” of the FIR (First Information Report) and other related documentations, is to be entered in a diary maintained by the Police under Section 44 o...
Supreme Court of India on Arbitrability of Fraud
January 16, 2021 15:40 - 12 minutes - 11.8 MBValidity of an Unstamped Arbitration Agreement There are many agreements wherein the Stamp Act of a particular state requires payment of stamp duty. The Court discussed the jurisprudence behind an Arbitration Agreement and analysed the various judicial precedents in this regard. After doing so, the Court held that: - a. The Court held that “an arbitration agreement is distinct and independent from the underlying substantive commercial contract. Once the arbitration agreement is held ...
Supreme Court of India Stays the Implementation of Three Farm Laws
January 14, 2021 21:40 - 7 minutes - 7.08 MBImportant Observations by the Court 1. The petitions before the Hon’ble Supreme Court revolved around the validity of three farm laws, namely, (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020. 2. The Hon’ble Court observed that several rounds of negotiations have taken place between the Government of Indi...
Supreme Court on Law of Contract and Acceptance of a Conditional Offer
January 10, 2021 06:47 - 11 minutes - 10.4 MBImportant Provisions of Law In order to answer the above, the Court first discussed Section 4 and Section 7 of the Indian Contract Act, 1872. The same have been reproduced as under: - “4. Communication when complete.—The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The communication of an acceptance is complete,— as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the...
Supreme Court on the Management of Covid-19 Pandemic in India
January 06, 2021 12:52 - 11 minutes - 10.8 MBDirections in relation to Fire Safety The Court also acknowledged the steps taken by the Union of India, States and Union Territories in this respect. Further, the Court holistically looked at the situation and passed certain directions in relation to ‘Fire Safety’ in Covid Hospitals that are provided as under: - 1. All States/Union Territories should appoint one nodal officer for fire safety for each Covid Hospital and a Committee is to be constituted to carry their Fire Audits at r...
Supreme Court on pasting posters on the houses of Covid-19 patients in India
January 04, 2021 21:08 - 8 minutes - 7.76 MBFacts The Petitioner questioned the decision taken by the various States and Union Territories to affix posters outside the residences of persons who have been tested Covid-19 positive and are required to undergo home isolation. Many arguments in this regard were advanced by the Petitioner. It was prayed by the Petitioner inter alia to issue directions to stop publishing the names of Covid-19 Positive persons/patients by the officials of the States and the Union Territories. It was f...
Supreme Court of India on Homeopathy and its relevance in Covid-19
January 03, 2021 20:44 - 7 minutes - 6.5 MBIntroduction In the present case, Dr. AKB Sadbhavna Mission School of Homeo Pharmacy v. Secretary, Ministry of Ayush & Others, Civil Appeal No. 4049/2020, a question arose before the Supreme Court of India as to the relevance of homeopathic system and medicine for the treatment of Covid-19. Let us understand the same. Pleadings and Facts 1. The Government of India issued Advisory dated 06.03.2020 (in short, “Homeopathic Advisory”) in relation to usage of Homeopathic medicines and...
Supreme Court on Installation of CCTV Cameras in Police Stations
January 02, 2021 21:39 - 8 minutes - 7.34 MBIntroduction In the present case of Paramvir Singh Saini v. Baljit Singh & Others, SLP (Criminal) No. 3543/2020, vide Judgment dated 02.12.2020, it was directed that State Level Oversight Committees and District Level Oversight Committees should be setup to look after the installation of CCTV Cameras in the Police Cameras, its budgetary allocation, continuous monitoring, inspection, grievance redressal and review CCTV footage to check for any human rights violation that may have occurred...
Supreme Court on Senior Citizens Act, Domestic Violence Act and their Interpretation
January 02, 2021 21:24 - 15 minutes - 13.8 MBIntroduction First of all, farewell to the yester year and with the beginning of this new year, let us remember the people who lost their lives protecting us and fighting for us. Let us also hope that this year brings hope and prosperity to the oppressed and the marginalized sections of society and that their dignity and honour remains intact. A happy new year to all of you. In the present post, we shall discuss a latest judicial pronouncement by the Hon’ble Supreme Court of India...
What do the Courts say in relation to Theft occurring on the Trains/Railways?
December 30, 2020 21:40 - 13 minutes - 12 MBLiability of the Railways in relation to Theft occurring on the Trains/Railways In the earlier post, we talked about the possible immediate steps that could be taken in case a theft occurs inside a train/railway. In the present post, we shall endeavour to under the relevant legal provisions and judicial pronouncements in this respect. Important Legal Provisions Section 100 of the Railways Act, 1989 “Responsibility as carrier of luggage - A railway administration shall not be ...
What are the possible steps that could be taken in case a theft occurs on a Train/Railways in India?
December 29, 2020 18:23 - 5 minutes - 5.44 MBIntroduction It is a common affair to hear that theft has occurred on a Train. We read it in the newspapers, we hear about it from our acquaintances etc. And what does the person who loses his/her articles in the theft get? In 99% of the cases, nothing. It is a pity to say that there are near to negligible efforts by the Indian Railways in relation to the safety and security of the passengers. In this backdrop, it becomes imperative that the people should know the remedies and the le...
What is the meaning of Dying Declaration and how reliable is it considered by the Courts?
December 28, 2020 19:13 - 16 minutes - 15.5 MBMeaning of Dying Declaration Indian Laws do not provide a definition of dying declaration but the same could be understood by perusing a Law Dictionary. Before adverting any further, an earlier post by me in relation to credibility of dying declaration could also be perused. Black’s Law Dictionary (8th Edition) defines ‘dying declaration’ as under: - “A statement by a person who believes that death is imminent, relating to the cause or circumstances of the person’s impending death. ...