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...

Impleadment Of Parties In Civil Proceedings - Principles [Know The Law]

There is many a time a casual approach to the matter of applications seeking impleadment of third parties in civil proceedings. Such impleadment applications tend to be dealt with frequently without checking the law on the subject and without determining whether the third party can be impleaded or not. The common refrain is, "It is only a joinder application." Impleadment of third...

21 Notable Judgments/Orders Delivered By Courts During COVID-19 Lockdown

The outbreak of Covid-19 pandemic has resulted in lockdown across the country in all spheres of activities. However, even during such challenging times, the judiciary has continued its function by evolving to a virtual system of adjudication. The present articles summarises some of the orders passed by the Supreme Court and various High Courts during the first phase of the lockdown....

Res Judicata

The doctrine of res judicata is understood as "a matter adjudged". Founded on the principle that a litigation between parties must attain finality[1], and on the principles of justice, equity and good conscience[2], res judicata dictates that a right or fact established by a competent court in an earlier proceeding ought to be conclusive and binding upon the parties and those in privity with law or in estate[3]. The earlier proceeding need not be a suit even though the later could be a ...

Adverse Possession- Sword cum Shield

Ingredients to qualify adverse possession Theory of adverse possession is inherited from the common law concepts which is approximately about 2000 years old. This has been considered as one of the harsh facets of law but has been in vogue since time immemorial. The concept of adverse possession is based on the principle that the possessor who maintains and improves the land has...

Beware! Even Private Obscene Messages Online Could Land One In Jail : Know About IT Act Offences

A recently exposed Instagram group by the name of 'Bois Locker Room' has taken social media by storm. The private group on Instagram reportedly consisted of several teenage boys from schools in Delhi-NCR region. It is stated that the group was being used to share photos of minor girls and young women, after which group member(s) would engage in making lewd & derogatory...

Legal And Regulatory Framework Of Drones

"Drones overall will be more impactful than I think people recognize, in positive ways to help society" - Bill GatesIntroduction Aircraft technology and aerodynamics have always captured the imagination of people. This is primarily due to urge of the humans to be air-borne and fly like birds. This fascination for flying is not new and goes back generations and specific...