Category Archives: Uncategorized

Arifur Rahman Khan and Aleya Sultana and Ors vs DLF Southern Homes Pvt Ltd (now Known as BEGUR OMR Homes Pvt. Ltd.) and Ors. Civil Appeal No. 6239 of 2019. Decided on 24 August 2020, Justice Dr. Dhananjaya Y Chandrachud and Justice K M Joseph. Judgment link: https://main.sci.gov.in/supremecourt/2019/27240/27240_2019_33_1501_23551_Judgement_24-Aug-2020.pdf Held:  Para 36 It has been urged …

Continue reading “Consumer Protection Act, 1986. Developer and Customer. Distinction between “simple transfer of piece of land” and “housing construction or building activity”. Second category falls within “Service” under the Act. Terms of a rate which is prescribed in an unfair bargain will not prevent Consumer Forum consumer forum from awarding just and reasonable compensation. Supreme Court 24:8:2020.”

This write up examines the locus standi of transnational bodies to comment on the legal system and verdicts delivered by Courts of another country. There is rather a well-recognised right of a country and its citizens to comment on unfair economic sanctions, human right violations and aggressive foreign policy of another country. However commenting on …

Continue reading “Foreign bodies commenting on Indian Legal/Judicial system – a cross-border mischief.”

1.       By judgment dated: 14.08.2020 pronounced by a Bench of 3 Judges of the Supreme Court, Sri Prashanth Bhushan an Advocate practicing before the Supreme Court and having a standing over 30 years (hereinafter referred to as Contemnor) was found guilty of having committed criminal contempt of court and the case is adjourned to hear …

Continue reading “Sri Prashanth Bhushan’s conviction for contempt – Justified.”

Mr. K.G.Raghavan, Senior Advocate, Bangalore Over the last few days much debate has erupted on the judgment of the Supreme Court in the Prashant Bhushan contempt case.  There are two views. The one, that is expressed a bit too loudly, is  that the judgment stifles honest criticism of the judicial system which necessarily includes the …

Continue reading “Contempt vs Restraint”

Consent of wife and actual giving and taking of the child is absolutely necessary. Mere fact that the couple raised the kid and their names are entered in school records as parents is not sufficient to prove child’s adoption. M. Vanaja vs M. Sarala Devi (2020) 5 SCC 307.

Right to Property. Planning Authority or Municipal Corporation cannot deprive owner of private property without acquisition or purchase, and without paying compensation. High Court should intervene under Article 226 under such circumstances. Supreme Court 7:8:2020. Hari Krishna Mandir Trust vs State of Maharastra and others. Civil Appeal 6156 /2013 Decided on 7 August 2020 Justice …

Continue reading “Right to Property. Planning Authority or Municipal Corporation cannot deprive owner of private property without acquisition or purchase, and without paying compensation.”

ಇ೦ದು ಕೋವಿಡ್ ಮಹಾಮಾರಿ ದೇಶವನ್ನು ಆವರಿಸಿದ್ದರೂ ಕೂಡ ಈಗಿರುವ ಸನ್ನಿವೇಶದಲ್ಲಿ ನ್ಯಾಯಾಲಯ ಸೇರಿ ದೇಶದ ಅಗತ್ಯ ಸ೦ಸ್ಥೆಗಳನ್ನು ಇನ್ನೂ ಮುಚ್ಚುವುದು ಸರಿಯಲ್ಲ ಎ೦ದು ಖ್ಯಾತ ವೈದ್ಯರುಗಳಾದ ಡಾ. ರವೀ೦ದ್ರ, ಡಾ. ಶ್ರೀನಿವಾಸ್ ಕಾಕಿಲಾಯ ಹಾಗೂ ಡಾ. ರ೦ಗನಾಥ ಇವರು ಅಭಿಪ್ರಾಯ ಪಟ್ಟಿದ್ದಾರೆ. ತಾರೀಖು 7 ಆಗಷ್ಟ್ 2020 ರ೦ದು ದಕ್ಷ ಲೀಗಲ್ ಏರ್ಪಡಿಸಿದ್ದ “ಕೋವಿಡ್ ೧೯ – ರಿಯಾಲಿಟಿ ಚೆಕ್” ವಿಚಾರ ಸ೦ಕಿರಣದಲ್ಲಿ ವರ್ತಮಾನ ಪರಿಸ್ತಿತಿಯಲ್ಲಿ ದೇಶದ ಅಗತ್ಯ ಸ೦ಸ್ಥೆಗಳನ್ನು ಅದರಲ್ಲೂ ನ್ಯಾಯಾಯಲಗಳನ್ನು ಇನ್ನೂ ಮುಚ್ಚಿರುವುದು ಸರಿಯೇ …

Continue reading ““ಕೋವಿಡ್ ಕಾರಣದಿ೦ದ ನ್ಯಾಯಾಲಯ ಸೇರಿ ದೇಶದ ಅಗತ್ಯ ಸ೦ಸ್ಥೆಗಳನ್ನು ಇನ್ನೂ ಮುಚ್ಚುವುದು ಸರಿಯಲ್ಲ.” – ತಜ್ಞ ವೈದ್ಯರ ಅಭಿಪ್ರಾಯ.”

Civil Procedure Code. Order 7 Rule 10 & 10A. After return of plaint and its presentation before the court of competent jurisdiction, the plaint is to be considered as a fresh plaint and the trial is to be conducted afresh even if it stood concluded before the earlier court. Oriental Insurance Company Ltd vs Tejparas …

Continue reading “Civil Procedure Code. Order 7, Rule 10 & 10A. Fresh trial after re-presentation.”

Mysore (Religious and Charitable) Inams Abolition Act, 1955. The Act applies not only to agricultural lands but also to non-agricultural lands such as uncultivated lands, agricultural lands used for non-agricultural purposes or unconnected with the agriculture as well as to lands on which buildings have been constructed either by the inamdar or by a tenant, …

Continue reading “Mysore (Religious and Charitable) Inams Abolition Act, 1955. The Act applies not only to agricultural lands but also to non-agricultural lands such as uncultivated lands, agricultural lands used for non-agricultural purposes or unconnected with the agriculture as well as to lands on which buildings have been constructed either by the inamdar or by a tenant, as the case may be. Karnataka High Court.”

Family Arrangement. Liberal approach. Courts have to lean in favour of upholding a family arrangement instead of disturbing the same on technical grounds. Even where the family arrangement suffers from legal lacuna or formal defect, the rule of estoppel is invoked to uphold the family arrangement. Supreme Court 31 July 2020. Ravinder Kaur Grewal & …

Continue reading “Family Arrangement. Liberal construction by courts required. – Supreme Court”