Inder Chand Jain

Inder Chand Jain

Member since: July 13, 2020
Total live articles: 86

Recent Articles by Inder Chand Jain

Section 138 NI Act: Can A Complaint Be Filed Before Expiry Of 15 Days Period ...

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It is common knowledge that the complainants, in undue hurry, file the criminal complaint in the Court u/s 138 of the Negotiable Instruments Act, 1881 before the expiry of the mandatory period ...

Is a Complaint on the basis of a second or successive Statutory Notice u/s 13...

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Is a Complaint on the basis of a second or successive Statutory Notice u/s 138 NI Act, issued after Re-Presentation of a dishonoured cheque, maintainable? A primary/jurisdictional objection in...

Re Proceedings For Recovery In Civil Suit And Simultaneously Under Section 13...

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Dishonour of cheque, for reasons enumerated in Section 138 of the Negotiable Act, 1881, attracts criminal proceedings under the NI Act and the drawer/accused can be punished with imprisonment f...

Can a Person be prosecuted under both Section 420 of IPC And Section 138 of N...

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Can a Person be prosecuted under both Section 420 of IPC & Section 138 of NI Act? If a cheque is dishonoured, the alternatives available with the drawee is to either file a civil suit or t...

Does A Postdated Cheque Fall In The Definition Of Cheque Under The Negotiable...

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There is common misconception as to whether a 'Post-dated cheque' is a cheque in the eyes of law particularly under the NI Act and if a postdated cheque is legally not a cheque then when does i...

Is The Drawer Liable U/S 138 NI Act Even Where Details Of Cheque Were Filled ...

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It is a common defence of the accused, in complaints filed u/s 138 of the Negotiable Instruments Act, 1881, that signed blank cheques of the drawer have been misused by the complainant and to b...

Applicability Of Section 138 Of The NI Act When Dishonour Of Cheque Is For Re...

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It is common knowledge that sometimes cheques are dishonoured by the Bank with the remark "Account Closed". The drawer/accused plead in the Court that the dishonour of cheque for the ...

Is Complaint U/S 138 Of NI Act Filed On The Basis Of The Second Or Subsequent...

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The Apex Court in Sadanandan Bhadran v. Madhavan Sunil Kumar (1998) 6 SCC 514 categorically held that the complaint filed on the basis of the second dishonour of a cheque after the payee of the...

Maintainability of complaint u/s 138 of the NI Act in case of dishonour of ch...

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It is common knowledge that cheques are dishonoured mostly for Insufficiency of funds or for the reason that the same exceeds arrangements but there are also several other reasons for dishonour...

In The Changed Social And Economic Scenario Does Wife's Demand For A Separate...

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In the changed Social & Economic Scenario does Wife's demand for a separate residence amount to an act of mental cruelty? It is common knowledge that women are no longer illiterate and are...

Allegans Contraria Non-Est Audiendus

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Allegans Contraria Non-Est Audiendus Allegans Contraria Non-Est Audiendus is a Latin Maxim which in simple words means that a person making contradictory allegations ought not be heard. This is ...

The Doctrine of De Minimis Non Curat Lex

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The Doctrine of De Minimis Non Curat Lex implies that the law does not concern itself with trifles. The Latin word 'De minimis' means 'about minimal things' and the maxim means that "law is not...

The Doctrine of Impossibility: Lex Non Cogit Ad Impossibila

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The doctrine of 'Lex non Cogit ad impossibilia' is an age-old maxim used globally as a measure of defense in various legal matters. The Doctrine of 'Impossibility' has wide application and the...

When Is Review U/S 114 Of CPC Maintainable?

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Review of an order of a Court lies under S. 114 of CPC. The said Section 114 CPC is reproduced as under: Section 114. Review: Subject as aforesaid, any person considering himself aggrieved: ...

Change In Law/Subsequent Overrule By A Superior Court Not A Ground For Review

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It is common knowledge that the Courts follow the binding dictum of a Higher Courts but it may happen that the case relied by the Court, on which the entire judgment has been founded, may subse...

Can a Non-Party Can Seek Review of Court Order?

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Can a Non-Party Can Seek Review of Court Order?It is no longer Res Integra that a Non Party can seek Review of Court Order although he may not be a party to the Court proceedings if he is 'aggrie...

PC Act And Service Conduct Rules: Judicial/Administrative/Revenue Officers Ca...

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It is common knowledge that Judicial/ Administrative/Revenue Officers do not remain aloof from the public and seek/accept favour from them. The common favours include availing rent free accommo...

Dishonour Of Cheques Given Against Cash/Unaccounted Loans- Complaint U/S 138 ...

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The number of cases filed under Negotiable Instruments Act, 1881 is increasing manifold as dishonour of cheques has become a very common feature. Over 33 lakh cases are pending in our Courts wh...

Legal Implications Of Dismissal Of SLP In Limine: Doctrine Of Merger And Art...

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The Supreme Court is the highest court in our country and the orders passed by them are Final. These orders are not liable to any further scrutiny by any other Court and therefore there is no p...

Article 142: Magic Wand for Supreme Court to do Complete Justice

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The Constitution of India has given specific powers to the Legislature, Executive & Judiciary. All the three functionalities of the State are mandated to act in accordance with the powers g...

Stare Decisis: The Pillar of Legal Consistency and Precedent

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It is common knowledge that the Doctrine of Stare Decisis is adhered to & followed mandatorily to bring consistency, certainty & finality to judicial proceedings and therefore the prece...

The Doctrine of Ratio Decidendi

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The ratio decidendi is "the point in a case that determines the judgement" or "the principle that the case establishes". In other words, ratio decidendi is a legal rule deri...

The Doctrine of Sub Silentio

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Sub silentio is a legal Latin term meaning "under silence" or "in silence". It is often used as a reference to something that is implied but not expressly stated. A judgment...

The Doctrine of 'Per Incuriam'

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The Doctrine of 'Per Incuriam'The maxim 'per incuriam' is derived from the latin expression which means 'through inadvertence'. Incuria means 'carelessness'. In practice, per incuriam appe...

The Doctrine of 'Functus officio'

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Functus officio is a Latin maxim which means that the jurisdiction of the designated authority comes to an end once he has performed his functions for which he was appointed. It implies having ...

The Doctrine of Obiter Dicta

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It is common knowledge that the Courts in their detailed judgments deal with complex facts and law. To arrive at the final order, the Courts discuss various arguments and try to justify the out...

Do Delay And Laches Extinguish Claim For Protection Of Fundamental And Human ...

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It is common knowledge that often there are delays & latches when we approach the Constitutional Court for protection/violation of our Fundamental & Human Rights. The delay & latche...

Can State Claim Adverse Possession Over The Property Of It's Own Citizens- Im...

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India is a 'welfare state' wherein it is the duty of the state to look after the welfare of it's citizens. However, there are instances where the Government has taken over the land/ immovable p...

Compensation to Victims of Hit and Run Motor Accident Scheme, 2022: Need to P...

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Before deliberating on the subject, it would be trite to refer to Section 161 of The Motor Vehicles Act, 1988 which reads as under: 161. Special provisions as to compensation in case of hit an...

The Doctrine Of Res Judicata Applies Only When The Previous Suit Was Decided ...

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There is a lot of misunderstanding regarding the applicability of the Doctrine of  Res Judicata in fresh proceedings, once the same matter has been decided earlier. Before deliberating ...

Section 138 Of NI Act: Director Of A Company Cannot Be Prosecuted Without Mak...

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A company is not known just by it's name but by the financial strength of its management, the market reputation of the Chairman/Managing Director or the promoter group. When a bank sanctions lo...

Do Proceedings U/S 138 Of NI Act Abate When Proceedings Under Insolvency And ...

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Do Proceedings u/s 138 of NI Act abate when proceedings under Insolvency and Bankruptcy Code 2016 are set in motion? It is common notion that once a business entity applies for insolvency unde...

Will Suit Abate for non-impleading of All LR's of deceased even if substantia...

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It is common knowledge that in the event of the death of one of the defendants, it is invariably pleaded that the suit has abated for non- impleadment of all the Legal Representatives. But the ...

Sections 279 And 304a IPC Are Toothless/Redundant - High Time For Legislature...

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Before deliberating on the subject, it would be trite to reproduce Section 279 of The Indian Penal Code, which reads thus: 279. Rash driving or riding on a public way: Whoever drives any vehi...

SC: Interpretation Of Section 23(1) Maintenance And Welfare Of Parents And Se...

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SC recent interpretation of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to send a wrong signal to society The Apex Court in a recent judgment in Sudes...

Can An Author Be Booked For Contempt For Disagreeing With A Judgment Of The H...

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The authors are always skeptical and sometimes scared in writing against a judgment, wherein they do not agree with the outcome/reasoning of a judgment of the Higher Judiciary- the High Court o...

Order/Judgment/Decree Obtained By Fraud Is A Nullity In The Eyes Of Law Liabl...

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Order/Judgment/Decree obtained by fraud is a nullity in the eyes of law liable to be set aside by any Court It is common knowledge that litigants often misrepresent before the Court in order t...

The Maxim Actus Curiae Neminem Gravabit: An act of the Court shall prejudice ...

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The Maxim "Actus Curiae Neminem Gravabit" means that nobody should be allowed to suffer for the fault of the court. This is an important Latin Maxim of Equity, which has wide applicat...

Do Proceedings u/s 138 NI Act stand vitiated as loan/ deposit made in cash in...

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It is common knowledge that there is a parallel finance market where cash funds are available for a fixed period at market rate of interest, which is invariably higher than the Bank Rates. The ...

Does Belated Out Of Court Settlement Between The Litigating Parties Amount To...

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It is common knowledge that the parties to a case, with the intervention of friends and well-wishers or based on legal advice, enter into a compromise with the aim to put an end to vexatious en...

Triple Test/ Three Pillars For Grant Of Temporary Injunction By Courts

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It is common knowledge that plaintiffs, appellants, and petitioners apply for temporary/injunction/stay in courts but the courts are generally loathed in granting injunction although the law in...

Doctrine Of Clean Hands Applicable Not Only To SC/HC But To All Subordinate J...

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It is common mistaken belief that Doctrine of Clean Hands is only applicable only to Writs under Article 226/227 of the Constitution in the High Court and Writs under Article 32 or SLP under Ar...

LA Act 1894: Can A Court Award Higher Compensation Than Claimed? Would Defici...

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It is common knowledge that the landowners, whose lands are compulsorily acquired under the Land Acquisition Act 1894, are generally poor & illiterate and out of sheer ignorance & poor ...

Motor Vehicles Act: Can Court Award Compensation Higher Than The Amount Claimed?

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Whenever there is loss of life or injury covered under the Motor Vehicles Act, 1988 and the Court makes an observation that it wishes to grant higher compensation to the claimant than the amoun...

Freebies, Hospitality, Cash/Monetary Grant To Doctors By Pharma Companies And...

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Recently there was news of the alleged scam of unethically prescribing Dolo-650, an analgesic & antipyretic tablet widely used in Covid-19, which is another example of doctors trapping the ...

Can A RWA Of A Colony Legally Restrict Public From Using The Parks Of The Col...

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It is common knowledge that Residents Welfare Associations of the colonies generally do not permit the public/outsiders/non residents to use the parks of the colonies. There are  signboards by...

Ground Reality Of The Right To Privacy In India Vis-A-Vis USA And UK

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There were recent report in Hindustan Times on August 26 titled 'Kobe widow awarded dollar 16 million for invasion of privacy by publishing crash photos'. The brief facts are that basketball st...

Right To Privacy Post Puttaswamy: Still Illusory

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The right to privacy is recognized as a basic human rights under Article 12 of the Universal Declaration of Human Rights Act, 1948, which reads thus: "No one shall be subjected to arbitrary i...

SC: Contempt of Court on furnishing false statement/false affidavit/ false un...

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It is commonly believed that disobedience of order of the Court tantamount to Contempt of Court. In common parlance, this is probably the only connotation of 'Contempt of Court'. Contempt o...

Should Media Report The Oral Observations Made By The Court During Hearing Wh...

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Should Media report the oral observations made by the Court during hearing which do not form a part of the written judgment? Legal connotation of oral observations The observations of the va...

Alternative Remedy Not An Absolute Bar To Admissibility Of Writ Petition

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It is a common notion that Writs under Article 226 of the Constitution are not maintainable where an Alternative Statutory Remedy is available. Most of the writs are denied hearing/relief at th...

Can High Court entertain Writ Petition against Issuance of Show Cause Notice?

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It is a common notion that Writ Petition under Article 226 of the Constitution is not maintainable against issuance of Show Cause Notice by any authority under any Law. The Courts are normally ...

Apex Court Not To Interfere Under Article 136 With The Findings Of The High C...

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Sometimes there are two plausible views possible on the conclusions that can be drawn from facts on the record and the High Court prefers to go by one of the views, for reasons appealing to it,...

VIP Movement Menace: Violative of Constitutional Rights

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It is common knowledge that there is VIP movement in almost all major cities, especially in capital cities. Whenever, the President, PM, Cabinet ministers, Governors, Chief Ministers, foreign d...

Rights And Legal Authority Of Karta Of HUF To Deal With HUF Property

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It is common knowledge that the Karta of an HUF often executes agreement/sale deed of an immovable property belonging to the HUF on the firm conviction that he is legally entitled to execute th...

Appellate Court Reversing Judgment Of A Trial Court To Have Due Application O...

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It cannot be disputed that the Appellate Court has jurisdiction/power to reverse, affirm or modify the findings and the judgment of the Trial Court but while reversing or modifying the judgment...

Is Review/Writ Under Article 226 Maintainable In The High Court After The Dis...

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Whenever a person is aggrieved by the order of the High Court, there is always an option to file a SLP under Article 136 of the Constitution in the Apex Court for due redressal. The success rat...

Is SLP Against Dismissal Of Review Petition Maintainable?

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When a litigant loses his appeal/revision in the High Court, there are two options available. He can either file a Special Leave Petition (SLP) before the Supreme Court to assail the judgement ...

Are Review Petitions & Curative Petitions before the Supreme Court Illusory, ...

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The Apex Court is Supreme but not infallible. It is likely that some error may creep in their judgment due to non-consideration of a statutory provision or a 'precedent' or misinterpretation of...

Reasonable time for filing of Writ Petition in the High Court from arising of...

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There is no time-frame provided under our Constitution within which a Writ Petition ought to be filed in the High Court from the arising of the cause of action. This becomes all the more import...

Suppression of Material Facts And Doctrine of Clean Hands

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It is often seen that petitioners file Writ Petitions in the High Court but do not come with clean hands and suppress material facts in their Petition. The Courts have univocally held that supp...

Contempt of Court for Wilful Disobedience of its orders

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Every Citizen of our country is bound by the orders of the Hon'ble Courts and no one, howsoever powerful, dare disobey the binding and final orders of the Court else he has to face the ire of t...

HC Rules: Society's Faith In Judiciary Should Not Be Shaken

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The Bombay High Court in the case of Archana Deepak Jatkar v. State of Maharashtra in Anticipatory Bail Application No. 591 of 2021 decided on March 3, 2021 expressed shock that ...

Criminal Court In Bail Proceedings Not To Act As A Recovery Agent To Realize ...

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It is common knowledge that in order to put undue pressure on the Respondents, the Plaintiffs often resort to Criminal Proceedings along with Civil Remedies. The Apex Court recently on 19-03-20...

Disrespect By Subordinate Judge Deprecated- HC Showing Benevolence Expunges A...

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Katyayana defined the virtues of a good Judge as one who is not cruel, who is sweet-tempered, kind, clever and energetic but not greedy. A Judge should exhibit the proper judicial temperam...

SC Directs For Recall Of Retired HC Judges - A Welcome Step To Declog The Hig...

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The Judicial system of our country is plagued with insurmountable pendency in the subordinate judiciary with more than 3.5 crore cases pending. The High Courts are also clogged with more than 5...

Can Validity Of A Compromise Decree Which Has Been Acted Upon Be Rescinded/Ag...

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The Allahabad High Court recently in Writ - A No. 71464 of 2010 & 52191 of 2011 in the case of Km. Anshu Jain And Others Vs. Suresh Prakash Garg And Others decided the issue whether validit...

Cut, Copy And Paste Technology In Judgments Deprecated No Substitute For Subs...

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It is undisputed that Cut, Copy & Paste is a laudable method for reducing transcription errors in copying written arguments, citations and quotations in the judgments of the Courts. How...

Are the Banks responsible for loss of valuables in Bank Lockers due to Dacoit...

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It is common knowledge that all consumers have maximum faith in Banks when they park their hard earned money in the Bank Accounts/ Fixed Deposits or their jewellery, cash & valuables in Ban...

Women Not A Chattel- Courts Stringent At Sexual Harassment By The Powerful

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Cases of sexual harassment at workplace have become rampant in our Country. But when a lady IPS officer or a lady Judge complains of sexual abuse at the hands of Powerful 'Senior', it is not on...

Error In Judgment By Doctors Does Not Constitute Civil/ Criminal Negligence -...

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An issue of a paramount importance arose before the Madras High Court in Writ Petition No.2721 of 2017 in the case of Tamil Selvi Vs. The State of Tamil Nadu & others whether the State is l...

HC holds Animals to be protected under Article 21, 51A(g) And 51A(h)

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Humanity's true moral test, its fundamental test consists of its attitude towards those who are at its mercy: animals said humanist & writer Milan Kundera. Noted Physicist & thinker Alb...

Advocate To Be A Gentleman, Honest, Principled And Obedient To Safeguard The ...

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Advocates are a Noble profession and held in high esteem in the society. They are the harbingers of Law burdened with the responsibility of the enforcement of the Constitution. Their role in es...

Tenant cannot dictate And question the adequacy/requirement of space for the ...

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It is common knowledge that whenever a landlord moves in the Court for ejection of a tenant, on the ground of ' Personal Need', the tenant invariably takes a plea that the landlord already has ...

Courts deprecate practice of filing PIL for Publicity, Personal/Political/Mon...

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The citizens are becoming aware of their rights and whenever they feel that government policies and decisions are hampering the common good or there is gross abuse and violation of human rights...

If Cheque Of Wife Given In Discharge Of Husband's Liability Gets Dishonoured,...

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The Madras High Court in the case of M.Jaishankar Vs. M/s.Sree Gokulam Chits and Finance Corporation Private Limited[1], decided recently on 04 December 2020, has answered the question as to w...

SC to settle uniform age of marriage for men and women

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Every prudent citizen of our country is unable to understand the rationale behind the different permissible age of marriage of a boy and a girl under the prevalent law. When it is admission to ...

Mutation Entries alone do not confer Title in immovable properties

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People have a misconception that ownership of an agricultural land or an immovable property is witnessed by the relevant entry in the revenue or the municipal records. It is true that mutation ...

Dismissal of Employee without conducting Disciplinary Enquiry Sustainable: Ru...

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The Apex Court in the case of The State Of Uttarakhand vs Sureshwati in Civil Appeal no. 142 of 2021 decided recently on 20 January has categorically held that the dismissal of an emp...

Allahabad High Court imposes Exemplary Cost for wastage of precious time of t...

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Allahabad High Court imposes Exemplary Cost for wastage of precious time of the Court & Abuse of the Process of Law for frequently filing Writ Petitions agitating the same Cause of Action ...

SC: Officers responsible for Delay in filing to pay costs, recoverable from t...

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The Apex Court recently on January 22 in 2 SLPs (Civil) bearing Diary No. 25743/2020 in State of Uttar Pradesh & Ors. vs. Sabha Narain & Ors & SLP (CIVIL) Diary No. 11989/2020 in th...

Subordinate Judiciary Falters- High Court admonishes CJM for not following pr...

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The new Judges in the subordinate Judiciary often make mistakes which are detrimental to the fate of the litigants. Their error in procedure and findings make their orders unsustainable and res...

District Judge Does Not Have Power Of Superintendence Over Judicial Officers ...

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The District Judge of any District is the highest judicial officer of the district and scores of ADJs, Civil Judges and Judicial Magistrates work under him and are subordinate to him. He has va...

Apex Court suggests ways to contain Litigation- Rules in favour Mediation And...

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The Apex Court in a Landmark Judgment dated September 11, 2020 in National Co-operative Development Corporation versus Commissioner of Income Tax, Delhi-V has held the Government is the biggest...

Who is responsible for clogging of Courts? Suggestions for Speedy unclogging

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India ranks second in the most populated countries of the world but as far as the number of litigations and litigants are concerned, we are undoubtedly the World Leaders. It is indeed a cause o...

Sale Deed not Void for non payment of part of Sale Consideration

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The Apex Court in the case of�Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs�decided on July 9,2020 has�categorically held that non-payment of a part of sale consideration does not...

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Popular Articles by Inder Chand Jain

Suppression of Material Facts And Doctri...

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It is often seen that petitioners file Writ Petitions in the High Court but do not come with cl...

Reasonable time for filing of Writ Petit...

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There is no time-frame provided under our Constitution within which a Writ Petition ought to be...

Rights And Legal Authority Of Karta Of H...

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It is common knowledge that the Karta of an HUF often executes agreement/sale deed of an immova...

Sale Deed not Void for non payment of pa...

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The Apex Court in the case of�Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs�decid...

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