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...

Territorial Jurisdiction Of High Court Under Article 226(2) Of Constitution [Explainer]

This piece intends to explore the law regarding the territorial jurisdiction of a High Court to issue writ under Article 226 of the Constitution.Article 226 Before Its Amendment Firstly, the legislative history of Article 226 has to be examined. It originally read thus:226. (1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation...

MPLADS : Why SC Upheld Constitutionality Of Scheme In 2010?

The Members of Parliament Local Area Development Scheme (MPLADS) came into news recently after the Central Government decided to suspend the allocation of funds for the scheme for 2 years in view of the economic impact of COVID-19. The opposition parties have criticized the decision saying that it will have a negative impact on development works at local levels. The Government is seeking...

30 Common Law Principles Ruling The Litigation Front In India

"The law should not be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope." Jennison V/s Baker, (1972) 1 All ER 997 Principle 1: "Where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute only must be availed of." In the matter of: Wolverhampton New Waterworks Co. V/s Hawkesford, (1859) 6 CB (NS) 336, Willes, J., observed that: "… There are three...

Rejection Of Plaint Under Order VII Rule 11 CPC [Explainer]

The filing of a plaint is a sine qua non for institution of a suit. It is basically a statement of claims, treated as a repository of facts by the court. Thus, every court is obligated to analyze the plaint, and decide whether it is fit to be admitted or not.Rule 11 under Order 7 of Code of Civil Procedure delineates certain grounds under which the court "shall" reject a plaint. These...

Carlill v Carbolic Smoke Ball Co : A Landmark Decision Which Came Amid An Epidemic

Placebos and fake medicines promising cures emerge whenever society is faced with epidemics. There will be elements in society, who will try to make quick money through offers of magical cures by exploiting the gullible sections in the wake of the inability of established medicinal systems to offer ready remedies to a novel disease.One such attempt by a company during the influenza epidemic...

'Force Majeure', 'Act Of God' & 'Doctrine Of Frustration' Under Indian Contract Act [Explainer]

A discussion on legal principles governing contractual obligations amid COVID-19 pandemic

Insolvency and Bankruptcy Code (Amendment) Act, 2020 : A Primer

"Recovery is incidental under the IBC. Its primary objective is rescuing companies in distress." ­­– Dr. M.S. Sahoo (Chairperson, Insolvency and Bankruptcy Board of India) The above quoted words of Dr. Sahoo from his article in the print edition of Indian Express on March 14, 2020 under the title: 'The real reform', form the underlying theme of the Insolvency and Bankruptcy...

[Explained] Homebuyers Under Insolvency & Bankruptcy Code : Evolution Of Law & Present Position

This article is an attempt to trace the origin and process as to how home buyers were brought under the umbrella of "financial creditor" given in the Insolvency and Bankruptcy Code as a creditor.Home-buyers apart from civil remedies were approaching the consumer forums under the Consumer Protection Act, 1986, subject to them proving that there was no "commercial purpose" attached to...