When Does Negligence By Advocate Amount To Professional Misconduct?

"Mere negligence unaccompanied by any moral delinquency on the part of a legal practitioner in the exercise of his profession does not amount to professional misconduct"

Sec 17 CPC - Suit In Respect Of Different Properties Can Be Filed In Any Of The Courts Having Jurisdiction If Cause Of Action Is The Same : SC [Read Judgment]

"Section 17 can be applied in event there are several properties, one or more of which may be located in different jurisdiction of courts. The word "portion of the property" occurring in Section 17 has to be understood in context of more than one property also, meaning thereby one property out of a lot of several properties can be treated as portion of the property as occurring in Section 17"

What Are The Tests To Find Out Whether Contract Labourers Are Direct Employees? SC Explains [Read Order]

Applying tests laid down by precedents for determining whether a contract labourer is a direct employee, the Supreme Court has set aside the award of a Labour Court which had directed reinstatement of retrenched workers.The bench of Justices R F Nariman and Vineet Saran was dealing with an appeal filed by Bharat Heavy Electronics Ltd, which contended that the workers were not its direct...

What Is 'Accidental Death' In The Context Of Insurance Law?

To sustain a claim under the accident benefit cover, it must be established that the assured has sustained a bodily injury which resulted solely and directly from the accident. There must exist a proximate causal relationship between the accident and the bodily injury. Moreover, the accident must be caused by outward violent and visible means

Section 498A IPC : Recent Supreme Court Judgments

498A Complaints Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter [Rupali Devi vs. State of UP]In this case, three Judge bench comprising CJI Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul considered the following question: "Whether in a case where cruelty had been committed in a matrimonial home by the husband or the relatives of...

What Are The Remedies Available When Police Refuse To Register FIR

Section 154 of The Code of Criminal Procedure Code deals with registration of First Information Report (though the Section does not use the word 'First Information Report or FIR). Section 154(1) says every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his...

Can Police Register FIR Based On Confession Statement Of Accused? What Is Its Evidentiary Value?

Police can register the FIR based on the information given by any person including an accused irrespective of whether his statement amounts to confession or not.

Can Residential Premises Be Used For Advocates' Office?

Advocates' office can be operated from a residential place, since it is not regarded as a commercial activity. However, this is subject to the space restrictions imposed by the local laws.

Section 304A IPC : Rash, Negligent, Or Reckless

Section 304-A was not part of the Indian Penal Code [IPC] as it was enacted in 1860. It was included by an amendment passed in 1870. But, interestingly, the original 1838 Draft of the Penal Code did carry an offence of Causing Death due to Negligence, in the form of Section 304. We will never know whether the 1870 amendment was merely an exercise in adding what was inadvertently excised...

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]

SURYA CONSTRUCTIONS V/s STATE OF UTTAR PRADESH &ORS., CIVIL APPEAL NO. 2610 OF 2019, SUPREME COURT OFINDIA, DATE OF DECISION: 08.03.2019, CORAM: R.F. NARIMAN & VINEET SARAN,JJ. "Mandate contained in the report: ABL International Ltd & Anr V/s Export Credit Guarantee Corporation of India Ltd. & Ors., (2004) 3 SCC 553 reiterated." It was held that: Where the State...

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-1]

SARVEPALLI RAMAIAH (D) THR. LRS. & ORS. V/s DISTRICTCOLLECTOR CHITTOOR DIST. & ORS., CIVIL APPEAL NO. 7461 OF 2009, SUPREME COURT OF INDIA,DATE OF DECISION: 14.03.2019, CORAM: R. BANUMATHI & INDIRA BANERJEE, JJ. "Judicial review under Article 226 of the Constitution of India, 1950 is directed, not against the decision, but the decision-making process." It was...

UAPA: What Are The Requirements To Extend Remand Beyond 90 Days?: SC Explains

The Supreme Court recently refused to cancel the default bail granted to an accused under Unlawful Activities(Prevention) Act, 1967. While considering the appeal filed by Union of India, the bench comprising Justice AM Khanwilkar and Justice Ajay Rastogi explained the requirements of extension of remand of the accused beyond 90 days in cases registered under UAPA. The bench referred to...