Common Law

  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 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,...

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...

Can we Claim it in existing legal framework ? The property tax is a kind of impost / tax levied by Local bodies / Municipalities, upon lands and buildings, situate in their territorial jurisdiction. Due to the peculiar nature of tax, the property tax are regarded as “rate”, and not as “tax” or “fee”. The Apex Court in a case before it (AIR 1963 SC 1742), had the occasion to distinguish the rate from tax or fee, wherein it was stated that rate is an hybrid of tax and fee, as it has the elements of both, and is more in the nature of compensation paid for the services availed, although not directly attributable to the measurable benefits of the services availed. The first elementary principle which governs any Municipal taxation is – the Tax levied by Municipal Corporation / Local bodies are compensatory in nature. Municipalities levy taxes under respective State legislations. In area of Municipal taxation, the State Govts do not enjoy the same freedom and latitude as otherwise bein...

We are living in times where our Courts are over-burdened & over-stretched with pending cases; and ordinarily, the cases filed in the Court of law may take years to be finally adjudicated. In this scenario, the resolution of legal disputes by the means of Arbitration may play a significant role. Arbitration is an adjudicatory process wherein the parties agree to present their dispute to a neutral third party for a decision, instead of litigating in the court of law; and Orders passed by the Arbitrator are enforceable like a decree of the Court. However, for certain reliefs, during the course of Arbitration proceedings, the Claimant may be required to move the competent Court of law, like for example, so as to obtain any Interim relief of injunction etc. against the Respondent, or, for the appointment of Arbitrators, etc. All Arbitration proceedings are governed and regulated by Arbitration & Conciliation Act, 1996. However, at the same time, Section 2(4) of the sa...

Payment by cheque is considered in law as Payment received Issuance of Cheque is an acknowledgment of liability 1.     The Apex Court in the case of Commissioner Of Income Tax, Bombay Versus Ogale Glass Works Limited, [AIR 1954 SC 429], in Para 11, inter alia, said – It is said in Benjamin on Sale, 8th Edition, p. 788: “The payment takes effect from the delivery of the bill, but is defeated by the happening of the condition, i.e. non-payment at maturity”. In Byles on Bill, 20th Edition, the position is summarized pithily as follows: A cheque, unless dishonoured, is payment”. To the same effect are the passages to be found in Hart on franking 4th Edition, Volume I. p.342. In Felix Hadley & Co. V/s. Hadley', 1898 2 Ch 680. Byrne, J. expressed the same idea in the following passage in his Judgment: “In this case I think what took place amounted to a conditional payment of the debt; the condition being that the cheque or bill should be duly met or ...