Common Law

  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,...

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...

1.  Order XIV of CPC, 1908, deals with Issues. Sub Rule (4) of Rule 1 of Order XIV, says: Issues are of two kinds: (a) Issues of Fact; (b) Issues of Law. Don’t know who is the genius who has formulated this third term: mixed question of law and fact. 2.  This third category of “mixed question of fact and law”, actually doesn’t exist, and is thoroughly misconceived. The Courts, it is observed, are quite reluctant in deciding the legal proceedings, at the threshold, ordinarily on the grounds that the “Plea” agitated is a mixed question of law and fact. Let us try to comprehend the vagueness of this expression. 3.  A fact is composed of Law. A fact can never be looked upon in isolation to Law. That is to say, an assertion of a fact must be in consonance to the mandate of Law; and a factual assertion must derives its legitimacy from Law itself. 4.  Whence one say that a plea / assertion of a fact raises a mixed question of law and fact, he / she appears to be saying that...

So, what is a Consumer Protection Act !! As the name would suggest, it sought to furnish an (advanced) legal framework, to protect us as Consumers, from being cheated, from defective, inferior, duplicated or hazardous, goods and services. To start with, now a Complaint can be filed electronically; and the hearings, on request, can be conducted through Video Conferencing. Another notable feature that can be elicited is that, by virtue of Section 65, now Notices to the parties, especially to the opposite parties, can be served by electronic means. It follows that Notices can even be served through Email and Whatsapp. These are extraordinary provisions. The Mediation is formally inducted in the adjudicating process, notwithstanding settlement option was otherwise always available to the litigating parties. Another important issue that has been addressed in the new regime is, aptly defining the pecuniary jurisdiction of these Tribunals. Now it has been specifically stated (u/ss 34, 47 ...

  Summary Suits are contemplated under Order XXXVII (Order 37) of Civil Procedure Code of 1908, a very powerful and expeditious remedy (in theory) provided under the law for recovering moneys, which are routinely trapped in commercial transactions. The very purpose of enacting Summary Suits is to give strength to commerce and industry by inspiring confidence in commercial population that their money claims would be expeditiously decided and their claims will not hang on for years blocking their money for a long period. The Summary procedure is a powerful weapon in the hands of Court to shut out frivolous defenses which are raised in commercial causes with a view to prolong the litigation. Summary Suits are maintainable upon negotiable instruments, like bills of exchange, including cheques, hundies and promissory notes; and are also maintainable in cases where the person seeks to recover a debt or liquidated demand in money, arising out of a (a) written contract (Includes comm...

1.  In Mumbai, the Year 2013 marks the dawn of property taxes being imposed, retrospectively from the year 01.04.2010, on the basis of Capital Value of the concerned property as against the earlier practice of taxation based on Rateable Value of the property. This change of regime resulted in significant increase in property tax liability of the property owners. The said change of regime was under challenge before Hon’ble Bombay High Court. 2.  The main objects of introducing / shifting to the capital value system was to remove the disparities in tax liabilities between old and new properties / buildings. 3.  However, it appears that after introduction of this new regime, the disparities in tax liabilities between old and new properties / buildings have increased multi fold, as the new properties (occupied and assessed post 2010) are being taxed without having any reference to old method of taxation, and the benefit of capping of tax provided u/s 140A are not ...

Introduction of law is a basic incident of a democracy. The system of Laws came so that the stronger might not have their way at their choices, but according to law. In modern times, Peoples' Security and Progress are sought to be secured through codified laws and scheme of Justice is thus introduced to secure that Security and Progress. Section 3(29) of General Clauses Act, 1897 defines Law as any Act, ordinance, regulation, rule, order, bye-law or other instrument which has the force of law. The first attribute of Law is “Rule of law”, which means “Ruled by Law” and not by individual whims and fancies. This is also in fact and precisely one of the mandates of Article 14 of our Constitution, which among other things, guarantees equal protection of laws to all persons. The attributes of law: A law or rule is a common sense which is binding on you to obey. A law is a social necessity prevailing over your own interest. Every law, as far as possible, must have a certain deg...