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...

Section 37 NDPS Act : Principles For Grant Of Bail For Offences Involving Commercial Quantities

It is a settled position of law that liberal approach in the matter related to the Narcotic Drugs and Psychotropic Substances is uncalled for (State of Kerala vs Rajesh, SC decision on 24.01.2020) and the Supreme Court in many Judgments had laid down broad parameters to be followed while considering the application for bail moved by the accused involved in offences under Narcotic...

[Force Majeure] Taking Cue From Courts: What Worked, What Didn't

Till not so long ago 'Force Majeure' was a concept that was seldom used and largely overlooked and the force majeure clause, if incorporated in an agreement, was largely skipped over by lawyers hurrying to read a contract. All that has changed in the space of a few months and there is no concept more important now than the humble 'Force Majeure'. That the jurisprudence on Force Majeure...

Custodial Deaths : What Is The Procedure For Inquiry?

"Custodial death is one of the worst crimes in a civilised society governed by Rule of Law. Does a citizen shed off his fundamental right to life, the moment a policeman arrests him? Can the right to life of a citizen be put in abeyance on his arrest? The answer, indeed, has to be an emphatic "No"" - Supreme Court in D K Basu v State of West Bengal AIR 1997 SC 610.Independent investigation in...

Arbitration : Court Reckoner [May 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 May 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...

Arbitration Clause In An Unstamped Contract : Issue Of Enforceability

Let me start with the statutory regime pertaining to an arbitration clause in an unstamped contract (contract on which no stamp duty or insufficient stamp duty is paid). Section 2 (14) and Section 3 of Indian Stamp Act, 1899 are reproduced hereinbelow:- "Section 2 . Definitions. – In this Act, unless there is something repugnant in the subject or context, - (1)-(13) ...

Electronic Signatures : Position Under Indian Law

Overview: Electronic means of document execution have been gaining popularity since the past decade owing to the convenience they bring, and their undeniable potential in environmental conservation. However, in today's pandemic-stricken times where conventional forms of execution of documents are crippled, electronic execution of documents is no longer considered merely an...