Common Law

To, Date: 25th June 2011 The Hon'ble Chairman, Appellate Authority for Industrial and Financial Reconstruction (AAIFR) Jeevan Prakash Building, Kasturba Gandhi Marg, New Delhi – 110001. Ground for the Letter Appeal The Order passed by Hon'ble Board (Hereinafter referred to as BIFR) dated 30.09.2010 in the Case No. 08 of 2006 of India Foils Limited, sanctioned the scheme of amalgamation of Sick M/s India Foils Limited, the Transferor Company (Hereinafter referred to as IFL) with M/s Ess Dee Aluminium Limited, the Transferee Company (Hereinafter referred to as EDAL ), is ultra vires the statute (Sick Industrial Companies (Special Provision) Act 1985) [Hereinafter referred to as SIC Act 1985], for, the said Amalgamation is beyond the contemplation of the SIC Act 1985. There is a “Legal Impossibility” of the Amalgamation of IFL, the Transferor Company with EDAL, the Transferee Company, in the li...

This blog specifically seeks to deal with property Agreements that are ordinarily executed between Developers, the Landlord, the Tenant and the members of the Co-operative Housing Societies. This blog originated when one of my dear friend approached me for studying the Re-development (proposed) agreement that was given to him by the Developer. I said-yaar I am not aware of complex development & property laws. Kamal has already took opinion from one his friend who is a Developer. He pointed out to me some hidden technical legal meaning, quite different from plain meaning, of one clause in that proposed agreement, and I found myself in utter surprise. And I thought if one goes by the plain meaning of the clause, he will certainly be cheated. It is impossible to understand the technical legal meaning of that clause unless the man or a lawyer is well versed with those specific laws. And I thus advised my friend as this- Set-up your mind what specifically and...

THE SECOND SCHEDULE (See section 476)reads as-- FORM NO. 1 Summons to an Accused Person (See section 61) To ……………………………….. (name of accused ) of…………………………… (address) WHEREAS your attendance is necessary to answer to a charge of ………………………. (state shortly by the offence charged ), you are here by required to appear in person (or by pleader ,as the case may be) before the (Magistrate) of……………… on the……………… day of ……………………….herein fail not. Dated, this …………….day of……… 20…………….. (Signature) (Seal of court) This blog is outcome of usual discussion with my former dear colleague Sameer Pendse on a fabricated case of registering FIR by Police, a normal & convenient misuse of legal machinery by influential in Partnership with Police. In fact, Mr. Pendse & my former Senior Shri Talasikar have happened to had conference with very learned Advocate Zal Andhyarijuna on this case wherein this issue surfaced. In the backdrop of mutiny of 1857, the Crown of England took over t...

A Less interesting Case took nearly two hours of Bombay High Court (dated 24.09.2010) and the Division Bench at Court No.2 presided by Smt.Justice Ranjana Desai and Mr Justice R.V. More were constrained to observe and say to the arguing Counsel-- So should we discharge rest of the Board for the day ? The facts leading to the filing of above cases by Hindustan Coca Cola (5510 of 2010) & PepsiCo India (5867 of 2010) are few and simple. Sangli Municipal Corporation issued Notice / Bills of Octroi to be paid on Re-usable Empty Glass Bottles of Beverages to above parties. It is the case of Sangli Municipal Corporation that above parties have imported within municipal limits, say about 100 filled Soft drink Glass bottles and therefore, they are liable to pay Octroi on 100 Re-usable Empty glass bottles. And Parties, instead of making due representations before the Sangli Municipal Commissioner, preferred, though rightly, a Writ, challenging the notices / Bills. Interim relief were g...

This blog is originated in the felt need to educate myself as what transactions constitutes “Commercial purposes” within the meaning of Consumer Protection (CP)Act of 1986. Section 2(1)(d) of CP Act 1986 stipulates who is a consumer within the meaning of this Act. Following all ingredients must be satisfied to show one is a Consumer of goods services within the meaning of this Act to qualify as a Complainant- (1) that he is a person, natural or body corporate; (2) that person buys any goods / services for a consideration or at price; (3) that person may have paid, or promised to pay, or have partly paid and partly promised for that purchased goods / services; (4) He is also a consumer who consumes the goods / services purchased above, with the consent of the original buyer; (5) The goods / services purchased must not be for reselling it; (6) The goods / services purchased must not be purchased in the regular course of his/ her commercial or business activity. Therefore, C...

It is not that People of India, in general and ordinarily, are afraid of the atrocities of the Police or of our govts and its various instrumentalities; But People of India, in my view, actually, in reality, are afraid of the RELUCTANCE of the Judges and Justices to accept the fact that Police, govt and its instrumentalities, are in fact administering and committing atrocities. BECAUSE Corrupt & Criminals hardly care what the law is... they but certainly looks at Law Courts & Learned Judges... and then they decide….. to proceed. Sandeep Jalan Mumbai. Legal issues !! If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidenc...

Is the nation in a coma? Europeans believe that Indian leaders are too blinded by new wealth and deceit to comprehend that the day will come when the have-nots will hit the streets. BY Mohan Murti (The author is former Europe Director, CII, and lives in Cologne, Germany) A few days ago I was in a panel discussion on mergers and acquisitions in Frankfurt, Germany, organised by Euroforum and The Handelsblatt, one of the most prestigious newspapers in German-speaking Europe. The other panellists were senior officials of two of the largest carmakers and two top insurance companies — all German multinationals operating in India. The panel discussion was moderated by a professor from the esteemed European Business School. The hall had an audience that exceeded a hundred well-known European CEOs. I was the only Indian. After the panel discussion, the floor was open for questions. That was when my “moment of truth” turned into an hour of shame, embarrassment — when the participa...

This blog is originated in the felt need to educate myself about court litigations. Also, let me tell you at once that this is my premature adventure to write on a subject to which I am taking baby steps and I know I have to travel the earth, walking. And, therefore, I will keep improving this blog while posting my brushing experience. But I am sure, this blog will not the pass the test of umpteen genuine criticisms. Also, in this limited essay, it is impossible to introduce here numerous provisions applicable during the course of any litigation. In this adventure, the readers, for the limited purpose of reading this mail, has to commit a bonafide temporary mistake to suppose that I am playing a Judge in this script. Now As a Judge- Before I tell you how we decide cases, I will tell you little about Justice and courts. There were ancient times immemorial when there were no laws to govern and so were no governments & courts and man of victim were settling scores by the...