Common Law

Hi, I am documenting a credible resource for Arbitration matters, that includes: (a) check list before filing of St. of Claim, or section 9 or 11 Applications, S.34 or 37 Appeal, either by the Judgment debtor or by the Claimant, check list before passing of Award; (b) compilation of latest rulings on almost all important issues that arises in Arb. Proc. (c) Templates of Statement of Claims. (d) Templates of oral and written arguments. (e) Nature of legal proceeding. (f) Draft Rules for the conduct of Arbitration, that may be adopted by any Trade Association or by any other Entity / person, including by Advocates.   May Explore: Check list: https://www.litigationplatform.com/Judgment/Index/54ed92df-1ed1-483f-8792-1f76cb98b278 Rulings: https://www.litigationplatform.com/Judgment/Index/766cd7c2-1157-4bc0-ab3a-908f77a88a68 Templates of Statement of Claim: https://www.litigationplatform.com/Judgment/Index/a233ae51-d92b-4f9c-864e-b21f55a5896d   Proced...

  It is said that Bail is Rule and Jail is an exception in Bail Cases. In a Society, which we do call it civilized, a Jail reduces a human being to animal. Jailing is akin to chaining human, where inherent human dignity is imminently lost.  A Justice, Judge or a Magistrate, being a reflection of superior human being, must deemed to stand for personal liberty, and can never argue for chaining a fellow human, unless it is vehemently shown that fellow human has acquired an Animal instinct of grave danger.  Therefore, in Bail matters, where limited issue is of personal liberty, a Judge indisputably stands for personal liberty. Therefore, Bail matters are inherently different from other Legal Cases. In other Legal Cases, the Judges, dispassionately, may be deciding rights of the parties. But in Bail matters, Judges stand for Personal liberty; and therefore in Bail Cases, Judges have to “argue” passionately, Impugning Prosecution, in favour of personal liberty, unless a...

  1. Section 25(3) of Indian Contract Act, 1872. 2. Assignment of debt to the Debtor of the Debtor; and thereafter, the said Debtor of the Debtor may Claim set off.   Sandeep Jalan https://www.litigationplatform.com/  

In a Case before it, the Hon’ble Apex Court had the occasion to reiterate that: “Truth is the foundation of Justice. The entire judicial system has been created only to discern and find out the real truth. Judges at all levels have to seriously engage themselves in the journey of discovering the truth. That is their mandate, obligation and bounden duty”. (AIR 2012 SC 1727) Notwithstanding, holy pronouncements such as above, Parties to the litigation play tricks, invent false and fabricated Cause of action, makes evasive and ambiguous replies, distort and suppress facts and documents that are prejudicial to their Case. Nevertheless, the Law has answer to every trick. The Civil Procedure Code, that is, the CPC, provides a fascinating tool to discover the Truth of the matter. The CPC, under Order XI, provides for Discovery of “Truth” by production of documents and Discovery by putting up Interrogatories. Discovery means the act of revealing or disclosing any matter by a Defendant in his a...

The Parties to the Contract may consider incorporating the following Arbitration Clause, in their Invoices / Purchase Orders / MoUs / any other Agreements / Contracts   Draft Arbitration Clause   Disputes or differences that may arise between the parties, arising under this transaction/ Contract, shall be resolved through the means of Arbitration, at “(Place / Mumbai”).   The Arbitration Clause may further provide for the following:   1.      The Arbitration shall be by Sole Arbitrator / by Arbitral Tribunal consisting of three Members. Each party shall appoint One Arbitrator and thereafter, these two Arbitrators shall appoint the third Arbitrator.   2.      The Arbitration shall be done by “Name of the Arbitral Institution”.   3.      Notice: All communication / correspondence / Notices shall be sent through Email. Any of the party, in addition to Email, may also communicate through Whatsa...

    1.       Recently, I have come across a Case of my Cousin, where Landlord has filed a Section 8 Application under Maharashtra Rent Control Act, 1999, calling upon the Court to fix Standard Rent (essentially seeking huge increase in Rent), on the grounds that Suit premises is situate in prime commercial area and Rent has increased phenomenally in the immediate vicinity of Suit premises. 2.      And  I am told that Landlord is filing many such Applications against his tenants, and the  Small Causes Courts are entertaining such Applications, and are happily granting Reliefs to the Landlords; and Tenants are compelled to pay sky rocketing increased Rent, and that too, under the umbrella of Rent Control Legislation.   3.      And therefore, I dwelled upon the Maharashtra Rent Control Act, 1999, and looked thru the history of Rent Control Legislations in India, and in particularly, the history of...

The expression “Cause of action” perhaps is the most dynamic legal expression, embracing diverse aspects. Remarkably, given the judicial meaning assigned to the expression “Cause of action”, one may notice that the Cause of action is “complete” at the “accrual” of Cause of action. Therefore, the “fact” (overt act of commission or omission) that triggered the Cause of action, actually completes the “chain of events”; and proving of this solitary “important fact” may entitle Plaintiff / Petitioners the Judgment. Technically speaking, if this fact is proved, all other facts in the chain of events are deemed to have been proved.  It may be appreciated that Cause of action is a bundle of facts; and these bundle of facts are not isolated or independent facts, but are a chain of events.  The principle ingrained in section 114 of the Evidence Act, 1872, may be of greatest assistance at every stage in the dispensation of justice. I am convinced that while arguing any case before Court,...

In various rulings of NCLT and NCLAT, while deciding Section 9 Petition under IBC, a view is taken that “Settlement Agreement” do not constitute “Operational debt” within the meaning of Section 5(21) of IBC. (The latest ruling appears to be of Trifigura India Pvt Ltd versus TDT Copper Ltd. NCLAT Order / Judgment dated 15.9.2022, passed in Company Appeal (AT) (Insolvency) No. 742 of 2020) With greatest respect to the Learned Members at the Bench, all such rulings are ex-facie erroneous. 1.        Section 5(21) of IBC says Operational Debt "means a “Claim” and then sets out the class of debts that are considered as “Operational debts”. What is covered are (1) claims in respect of the provision of goods or services (2) claims in respect of Employment and (3)   A debt in respect of the payment of dues arising under any law payable to the Central Government, any State Government or any local authority. 2.        Now the C...

This Court is pained to observe the manner in which the Corporation functions and deals with individuals who are economically weak and not so literate, and who are unfortunately compelled to incur additional expense of obtaining Court Orders, only due to the careless manner in which the Corporation discharges its duties. This is “judicial notice / observation” of “matter of a common knowledge” of “ill treatment being meted out by officers of Mumbai Municipal Corporations to poor and illiterate section of the Society. [WP (L) No.3180 of 2019] The “Judicial notice of fact” implies that, a fact which is otherwise all pervasive yet elusive, attains the status of judicial recognition of its existence. A litigant who knocks the doors of Justice, are require to prove their Case, by leading evidence, to claim judgment in their favour. The Courts and the Judges too are anxious to hand out justice, in the very real sense of the term. Therefore, in the administration and dispensation of ju...

As the name would indicate, a Convenience Note is one that is tendered before Court in any judicial or quasi proceeding, which makes job of the presiding Judge, Convenient, in the dispensation of justice. The Hon’ble Apex Court, in a Criminal Appeal, arising out of an SLP (Criminal), in the Case of Kaushal Verma versus State of Chhatisgarh (Order dated 08.12.2020) had the occasion to whole heartedly praise the Standing Counsel for Chhatisgarh for tendering Synopsis of the Case in 2 pages “Convenience Note”, which gave snapshot of the entire Case, and assisted the Hon’ble Court in quickly appreciating the facts of the Case; and passing appropriate Order. The Hon’ble Court went on to direct the Registry that, “Note may be taken as the Standard Format by all the learned counsel appearing for various State Governments in this Court. The Registry may circulate copies of this Order to all the learned Standing Counsel for the States”. A Convenience Note is a Written Note of Argument which...