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Articles by Swami Sadashiva Brahmendra Sar

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Land acquisition – Deduction towards development charges

  Swami Sadashiva Brahmendra Sar   21 August 2009 at 16:13

In K.S. Shivadevamma & Others v. Assistant Commissioner & Land Acquisition Officer & Another (1996) 2 SCC 62 it was observed that: the Supreme Court has laid as a general rule that for laying the roads and other amenities 33-1/3% is requi ..


Posted in Civil Law |   3784 Views


Arrears on criminal side in Allahabad High Court

  Swami Sadashiva Brahmendra Sar   20 August 2009 at 19:00

Here is an extract from observations made by a Division Bench of Allahabad High Court while passing an interim order (Bail) in Criminal Appeal No. 2651 of 2009: “We need to also keep in mind that presently the Central and District jails in U.P. ..


Posted in Criminal Law |   3544 Views


Dispute regarding number of arbitrators

  Swami Sadashiva Brahmendra Sar   27 July 2009 at 19:38

The Arbitration Tribunal as defined under Section 2(d) of the Act means "a sole arbitrator or a panel of arbitrators".Section 10 of the Arbitration and conciliation Act, 1996 deals with the comp ..


Posted in Corporate Law |   1479 Views


Powers and functioning of Law Commission of India

  Swami Sadashiva Brahmendra Sar   25 July 2009 at 23:37

The Law Commission is empowered to have a few part-time Members and/or Consultants depending upon the need and on the Approval of the Government. The Terms of Reference of the Eighteenth Law Commission are as follows:-A. Review/Repeal ..


Posted in Constitutional Law |   4288 Views


S.125 CrPC– is desertion a defence only till divorce?

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

Sub-section (4) of Section 125, Cr. P.C. provides as under :-"(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with ..


Posted in Family Law  2 comments |   10894 Views


Bigamy - can not be inferred from confession

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

In P. Satyanarayana and another v. P. Mallaiah 1996 AIR SCW 4000 : (1996) 6 SCC 122 the wife-respondent filed a written complaint before the police under Section 494 of the Indian Penal Code which after investigation was put in Court for trial of th ..


Posted in Family Law |   4650 Views


Reservation – not a fundamental right

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

In C. A. Rajendran v. Union of India, (1968) 1 SCC 721 : (AIR 1968 SC 507) it was clearly laid down by the five Judge Bench that Article 16(4) was only an enabling provision, that Article 16(4) was not a fundamental right and that it did not im ..


Posted in Constitutional Law |   2819 Views


Strict liability of State and act of stranger

  Swami Sadashiva Brahmendra Sar   17 July 2009 at 09:06

One of seven exceptions of rule of strict liability laid down in Rylands v. Flectcer (1868) LR 3 HL 330, is act of stranger i.e. if the escape was caused by the unforeseeable act of a stranger, the rule does not apply. But, in a case of electr ..


Posted in Civil Law |   5206 Views


Administrative Tribunals – whether covered under Art. 227?

  Swami Sadashiva Brahmendra Sar   14 July 2009 at 22:25

In Nagendra Nath Bora vs. Commissioner of Hills Division and Appeals, AIR 1958 SC 398, that under Article 226, the power of interference may extend to quashing an impugned order on the ground of a mistake apparent on the face of the record. But under ..


Posted in Constitutional Law |   2441 Views


Validation Act- whether transgression on judicial power?

  Swami Sadashiva Brahmendra Sar   10 July 2009 at 19:40

In Civil Appeal 1668/2002 State of HP v. Narayan Singh decided on 8/7/2009 by the apex Court the question was whether the State can in exercise of its sovereign legislative power enact an amendment Act seeking to remove and cure the defects in the pr ..


Posted in Constitutional Law |   7259 Views