Common Law

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...