Plea Bargaining In India

Plea Bargaining, in the most traditional and general sense, refers to a pre-trial negotiation between the defendant, who is represented by a counsel and the prosecution, during which the defendant agrees to plead guilty in exchange for certain concessions by the prosecutor. Plea Bargaining is further divided into two categories – "charge bargaining", where the negotiation is to...

Injunction On Invocation Of Bank Guarantee : Case Laws & Principles

Introduction The present situation because of the lockdown due to the emergence of Covid-19 can lead to various parties being unable to comply with their obligations under the contract, empowering the beneficiary/creditor to invoke bank guarantee(s) submitted on behalf of the principal debtor. This is an opportune time to ascertain the meaning of a Bank Guarantee and...

Step By Step Guide To E-Filing & VC Hearing Procedure In Urgent Matters In Delhi High Court

During the lockdown in the National Capital Territory of Delhi in light of the COVID-19 pandemic, the Delhi High Court has resolved to hear inter alia fresh urgent matters through Video Conference("VC"). Since it is a relatively new practice, this article is an attempt to aid fellow lawyers with the procedure related to Mentioning, Listing and Hearing and the requisites of Pleadings...

When Can A Court Issue Non-Bailable Warrant Of Arrest, Process For Declaring A Person As Proclaimed Offender & Order of Attachment Under CrPC: Jharkhand HC Clarifies [Read Judgment]

The Jharkhand High Court has reiterated that non-bailable warrant of arrest and processes and order of attachment under the CrPC cannot be issued in a mechanical manner, and the court has to record its satisfaction with regard to the pre-requisites before passing such an order. "Non-recording of subjective satisfaction in the order will make the order bad and a non-speaking one....

Seat of Arbitration & Territorial Jurisdiction of Courts

Domestic arbitration is regulated by Part I of the Arbitration and Conciliation Act, 1996 ["Act of 1996"] and Section 2(2) thereof states that Part I applies where the 'place' of arbitration is in India. Therefore, arbitration proceedings which takes place in India and where disputes are decided in accordance with the substantive laws of India is referred to as 'domestic arbitration'....

[Order 8 Rule 1 CPC ] Time Limit To File Written Statement : Mandatory Or Directory

Does Desh Raj v. Balkishan clarify whether the time limit to file Written Statement is Mandatory or Directory?

Law On Damages For Breach Of Contract

In the times of COVID-19, as the world has come to a standstill, innumerable contracts would be in a state of stasis, having remained unexecuted or only partially executed, performance not having taken place or having become impossible, payments not made or not entirely made, many contractual promises unfulfilled. We do not know the future post COVID-19 but experts have warned of...

Proof Of Will & Presumption Under Sec 90 Of Evidence Act : Some Conflicting Decisions

Is Bharpur Singh v. Shamsher Singh (2009) 3 SCC 687 followed in M.B.Ramesh v. K.M.Veeraje Urs (2013) 7 SCC 490 per incuriam ?Thanks to Corona lock down, the legal profession has seriously turned to academics. Bar Associations and law offices are hosting webinars on a daily basis. This is a wholesome trend. Prof.Upendra Baxi while commenting on the Kesavanda Bharati judgment wrote...

Can An Accused Be Discharged In 138 NI Act Case ?

Recently the Delhi High Court in the case titled, "Court on its own Motion vs. State"[1], was referred with the reference petition qua the following questions among others under section 395 of the Code of Criminal Procedure, 1973 (the 'Code'). Q.1 Does the Court of a Magistrate have the power to discharge the accused upon his appearance in Court in a summons triable case based upon...

Understanding The Concept Of A Charge On Immovable Property

The concept of a "charge" emanates from Section 100 of the Transfer of Property Act, 1882 ("TPA") which defines it thus – "Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property" Creation of a charge: A charge can therefore be created only over immovable property and can be...

Can Religious Symbols Be Registered As Trademarks?

Introduction India being a pluralistic country, has multiple religions and the Constitution of India secures freedom of faith, freedom of expression to all the citizens, irrespective of their religion. The State doesn't have a religion of its own and doesn't interfere with any religion. Article 25 of the Constitution secures to the citizens the right to freely profess, practice...

The Specific Relief (Amendment) Act, 2018 - Applicability To Pending Suits

The Parliament has enacted The Specific Relief (Amendment) Act, 2018 (hereinafter referred to as the 'Amendment Act'), thereby making substantive changes to the provisions of the Specific Relief Act, 1963. The Amendment Act was published in the Gazette of India, on 01.08.2018, for general information. As per Section 1(2) of the Amendment Act, it was to come into force on such date...