Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court

The Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely the breach of undertaking to repay the loan in the manner claimed cannot be a basis for conviction under Section 420 of the Indian Penal Code. A bench of Justice Anubha Rawat Choudhary, while setting aside the conviction of the...

Is There A Fundamental Right To Drink Liquor? What Courts Have Held?

The Gujarat High Court recently reserved its order on the maintainability of a petition against the decades old liquor prohibition in the state. The challenge is made on the ground of emergence of the right to privacy in the year 2017, which the Petitioners argued was unavailable when the ban was first challenged in 1950. It is their primary contention that the right to...

Distinction Between 'Temporary Injunction' And "Attachment Before Judgement" Under The CPC: Calcutta High Court Explains

The Calcutta High Court vide order dated 22.6.21 explained in detail the distinction in the nature of relief between a 'temporary injunction' under Order XXXIX Rule 1 and an order for 'attachment before judgment' under Order XXXVIII Rule 5 of the Civil Procedure Code, 1908 (CPC). Justice Moushumi Bhattacharya observed that while both provisions aim to protect the petitioner by preserving...

Arbitration Court Reckoner : April & May 2021

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of April & May 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). While as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out....

Arbitral Tribunal Cannot Apply Public Law Principles Or Article 14 Against Public Body : Bombay High Court

"A writ court may well hold against a public body on a public law principle or by invoking Article 14; but an arbitrator, constrained as he or she is by the contract, has no such power".

Labour And Employment Law Updates [May And Early June, 2021]

The following updates are in relation to the central notification, circulars and press release and does not include state wise updates except for the NCT Delhi. 1. Draft Code On Social Security (Employee' s Compensation) (Central) Rules, 2021 (3rd June ,2021) Applicability-: It extends to the whole of India and shall come into force after the date if their final publication in...

'Security Deposit Limited To 2 Months For Residence; Enhanced Rent After Tenancy Period' : Key Features Of Draft Model Tenancy Act

The Union Cabinet, on Wednesday, approved the Model Tenancy Act.Now, this Model Act will be circulated to all States / Union Territories for adaptation by way of enacting fresh legislation or amending existing rental laws suitably. According to the Government, Model Tenancy Act aims at creating a vibrant, sustainable and inclusive rental housing market in the country."It will enable creation...

Arbitration Court Reckoner : March 2021

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of March 2021 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 also while an attempt is made to include and review some judgments of various other High Courts, the...

Will Habeas Corpus Petition Lie Against Remand Order? Supreme Court Answers

The Supreme Court observed that a Habeas Corpus petition challenging a remand order can be entertained only if the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, of if it is passed in an absolutely mechanical manner.Barring such situations, a Habeas Corpus petition will not lie, the bench comprising Justices UU Lalit and KM Joseph observed. ...

Concept Of Repugnancy Under Article 254 : Supreme Court Explains

In its judgment declaring West Bengal Housing Industry Regulation Act, 2017( WBHIRA) unconstitutional, the Supreme Court explained the concept of repugnancy between a law enacted by the State legislature and Parliament.The bench comprising Justices DY Chandrachud and MR Shah held that WBHIRA is repugnant to the RERA, and hence unconstitutional.At the outset, the Court noted some of the...

Can A Person Who Lost Election Be Appointed As Chief Minister?

All India Trinamool Congress won the election to the legislature of West Bengal, while its leader Mamata Banerjee lost in Nandigram, where she contested. She is reportedly going to swear in as the Chief Minister of the state.Is there any legal or constitutional bar in a person who lost election becoming Chief Minister? This column attempts to discuss the law and precedents in this...

Is Your Private Vehicle A 'Public Place?' Law Has Different Answers

Law is not an exact science. Its shades change depending on the context, differ from statute to statute. Background circumstances, and the expediency of the situation often influence the application of law. So, one might find different, if not totally conflicting, answers in law to similar questions. Two recent judgments on the issue whether a private car is a public place are examples. While the Delhi High Court held last week that a private car amounts to a public place in order to...