Know the Law
To Invoke Section 17 Limitation Act, Existence & Discovery Of Fraud Have To Be Pleaded & Proved : Supreme Court
The Supreme Court has observed that to invoke Section 17 of the Limitation Act 1963, the plaintiff has to plead and prove two ingredients - the existence and discovery of fraud.Section 17 of the Limitation Act deals with the effect of fraud on the limitation period for instituting a suit. It says that when the suit is based on the fraud of the defendant, the period of limitation shall not...
Tracing The Formation Of The Insolvency And Bankruptcy Code 2016 And What Makes It A Game-Changer
Members of a company have the option of limiting their liabilities, hence it has always been one of the most preferred forms of conducting business. A company is a registered association having perpetual succession, a separate legal entity, common seal whose shares are transferable having limited liability. In order to comprehend the Insolvency and Bankruptcy Code 2016 effectively and...
The Essence Of 'Civil Litigation' – Part II
In the previous part, the author highlighted the position of 'Civil Lawyering' or 'Civil Litigation', and had stressed on the importance of some 'bedrock principles'. The first part touched upon the broad-stages of a civil suit, and concluded with an open-ended note which forms the subject-matter of this discussion. So, picking up from there, this piece is all about the manner in which a...
Arrest Under Criminal Law: Who, When, Why And How?
'In every arrest there is a custody, but not vice versa. Custody may amount to arrest, but not under all circumstances.'[1] The word 'arrest' is terrifying for a layperson, but for lawyers it is just a legal connotation of forcible restraint. 'Arrest' is not defined under CrPC or any other Act, but the dictionary meaning of arrest is: 'The taking or keeping of a person in...
Explainer: Why Supreme Court Held That Officers Designated U/s 53 NDPS Act Are 'Police Officers' ?
In an important judgment delivered on Thursday (29th October 2020), the Supreme Court (by 2:1 majority) has held that the officers who are invested with powers under section 53 of the NDPS Act are "police officers" within the meaning of section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of section 25 of the...
The Essence Of 'Civil Litigation'
The terms 'Civil Lawyering' or 'Civil Litigation' are more often than not, eclipsed by our monstrous Criminal Justice System, and the Trial. The ever fascinating and ever encompassing Law of Crimes, titillates almost everyone's minds alike (whether a layman, a student of Law, or a Lawyer!). The reality comes to such a point that our Civil Laws are viewed just as a matter of routine,...
[Discharge U/s 245 CrPC] There Is Difference Between An Unrebutted Case & Unrebutted Evidence: Allahabad HC [Read Order]
The Allahabad High Court has held that while deciding whether to discharge an accused person under Section 245 of CrPC, the Court must examine if there is a "prima facie case" made out against him. The High Court has clarified that the Court has to examine whether a "case", which, if unrebutted, would warrant a conviction is made out and not whether "evidence" if unrebutted, would...
Arbitration Court Reckoner: September 2020
By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of September 2020 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That...
Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?
The Supreme Court in a recent judgment [Satish Chander Ahuja vs. Sneha Ahuja] held that a woman can claim right to residence in the houses owned by relatives as well. This means that, she can seek residence order with respect to property which belongs to in-laws, if she and her husband lived there with some permanency after marriage.What happens after divorce of a married couple? Can a...
[Explainer] Resolution Plan Under IBC: Major Decisions
"The 'I&B Code' defines 'Resolution Plan' as a plan for insolvency resolution of the 'Corporate Debtor' as a going concern. It does not spell out the shape, colour and texture of 'Resolution Plan', which is left to imagination of stakeholders. Read with long title of the 'I&B Code', functionally, the 'Resolution Plan' must resolve insolvency (rescue a failing, but viable...
Right To Protest In Public Roads : What SC Constitution Bench Held In 1972 Himatlal Case?
The Supreme Court in its recent judgment holding that the public ways cannot be occupied indefinitely in the name of protests, have referred to a constitution bench judgment in HimatLal K. Shah v. Commissioner of Police, Ahmedabad. This piece is an explainer about the said judgment delivered in 1972 by a five judge bench headed by the then CJI SM Sikri. In Himatlal, the rules framed by...
Presumption Under Section 29 of POCSO Act Cannot Arise At Stage Before Framing of Charges: Delhi High Court [Read Judgment]
In a significant judgment rendered on September 22, 2020, the Delhi High Court has discussed in detail the legislative intent and applicability of "reverse burden" under Section 29 of the Protection of Children from Sexual Offences Act 2012 (POCSO). The single Bench of Justice Anup Jairam Bhambhani was considering the bail application of a 24-yr-old man, accused of coercing a...