Anti-Defection Law : What Amounts To Voluntary Giving Up Of Party Membership Under Tenth Schedule Of Constitution?

Anti-defection law under the Tenth Schedule of the Constitution has once again come to the fore with the political crisis that has rocked Rajasthan in the wake of the rebellion led by a camp of Congress MLAs led by Sachin Pilot.The issue has now reached the High Court of Rajasthan, after the Pilot camp approached it challenging the disqualification notices issued by the Speaker.The...

Arbitration: Court Reckoner [June 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 June 2020 under the Arbitration & Conciliation Act, 1996. 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...

How To Prepare For Cross Examination Of Witnesses: Tips From Senior Adv Rebecca John

Renowned criminal law practitioner, Senior Advocate Rebecca M John, talked about valuable strategies for cross examination and conduct of trial in criminal cases.John, who has handled notable cases such as Arushi Talwar, Hashimpura, 2G trial etc, was talking at a webinar organized by LiveLaw on the topic "Strategies of a Defense Lawyer in a Criminal Case" as part of Law...

Powers Of A Hindu To Make A 'Will' Before And After Enactment Of Hindu Succession Act

The Supreme Court judgment in V. Kalyanaswamy(D) by LRS. vs. L. Bakthavatsalam(D) By LRS. has elaborately dealt with the legal principles regarding the execution of a Will. It held that, in a situation where both the attesting witnesses to a will are dead, it is sufficient to prove that the attestation of at least one attesting witness is in his handwriting. When both the attesting witnesses...

Defence Strategies During Bail, Remand & Investigation : From Senior Adv Rebecca M John

In a highly educative and enlightening session, Senior Advocate Rebecca M John discussed various important strategies, that could be employed by defence lawyers for an effective criminal trial.John, who has handled notable cases such as Arushi Talwar, Hashimpura, 2G trial etc, was talking at a webinar organized by LiveLaw on the topic "Strategies of a Defense Lawyer in a Criminal Case" as part...

Privy Purse Abolition And Padmanabha Swamy Temple Judgment

The Supreme Court, in Sree Padmanabhaswamy Temple case, has dealt with the effect of the Constitution (Twenty Sixth Amendment) Act, 1971 - which abolished privy purses- on the term 'Ruler of Travancore' in proviso to Section 18(2) of TCHRI Act. The court held that the constitutional abolition, did not in any way impact or affect the administration of the Temple, Sri Pandaravaga properties...

Debunking Legal Myths On Hostile Witness Under The Indian Evidence Act, 1872

According to Jeremy Bentham, "Witnesses are the eyes and ears of justice" It is a conventional rule of criminal jurisprudence that the guilt of an accused is to be proved beyond all reasonable doubts, until then, he shall be presumed to be innocent. As a general rule of criminal law, for proving the guilt of an accused, the burden is always casted upon the Prosecution as mandated...

Understanding The Complexity Of Section 319 Of CrPC

Time and again, there have been controversies and debates over Section 319 of the Criminal Procedure Code, 1973 (CrPC) regarding the stages at which it is to be used, the weight of evidences or the category of persons against whom it may be used. Though the controversy involved was settled in the case of Hardeep Singh vs State of Punjab ((2014) 3 SCC 92) to an extent, yet the matter crops...

SARFAESI, Debt Recovery & Banking Laws : Recent Important Decisions

1. Telangana State Southern Power Distribution Co. Ltd vs M/S Srigdhaa Beverages(Delivered by Supreme Court on 01.06.2020) Brief Facts Respondent – auction purchaser of the property of M/s. SB Beverages Private Limited failed to pay its dues, resulting in the auction by Syndicate Bank (Secured Creditor) under SARFAESI Act Whether the liability...

Right To Information Act, 2005: All You Need To Know

Right to Information Act 2005 is an act of the Parliament of India which sets all the rules and procedures regarding citizen's right to information from the government, inspect any government documents, seek certified photocopies thereof. This Act replaced the former Freedom of Information Act, 2002 to mandate timely response to citizen requests for government information.RTI is a...

Section 69A IT Act, Shreya Singhal Judgment And Blocking Of 59 Apps

While making public its decision to block 59 mobile apps, mostly Chinese, including Tik Tok, Cam Scanner, Xender etc, the Ministry of Electronics & Information Technology has mainly referred to its powers under Section 69A of the Information Technology Act, 2000, read with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information...

25 Important Decisions On Specific Performance Of Contract

Case 1: Plaintiff Seeking Temporary Injunction in Specific Performance Suit Has To Show Strong Prima Facie Case on Undisputed Facts: CASE DETAILS: TITLE: Ambalal Sarabhai Enterprise Ltd vs KS Infraspace LLP and another & Haryana Containers Ltd vs KS Infraspace LLP and another (Civil Appeals No 9346, 9347, 9348-49 of 2019). FACTS: The Court was hearing...