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Lawyersclubindia Articles


LATEST SUPREME COURT JUDGEMENTS

  M. PIRAVI PERUMAL   17 July 2009 at 09:06

C.M. Girish Babu v C.B.I., Cochin, High Court of Kerala 24/2/2009.Prevention of Corruption Act, 1988 - section - and 13(2) read with 13(1)(d) - conviction under - was acquitted of the charge under Section 120B of the IPC -the appellant preferred ..


Posted in Others |   6231 Views


STOP PAYMENT CHEQUES

  M. PIRAVI PERUMAL   17 July 2009 at 09:06

A stopped payment is usually requested if the cheque has been declared missing or lost. But many a times the drawer, to escape his debt or liability has used it as an instrument of deception. The 1988 amendment in Section 138 of Negotiable Instrume ..


Posted in Civil Law |   2991 Views


Evidentiary Value Of E-Contracts

  M. PIRAVI PERUMAL   17 July 2009 at 09:06

It’s an undisputed fact that E-Commerce has become a part of our daily life. One such justification for the popularization of E-Commerce would be immoderate technological advancement. E-Commerce, as the name suggests, is the practice of buying ..


Posted in Civil Law |   3992 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 |   10898 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 |   4660 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 |   2827 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 |   5221 Views


FAQ ON PARTNERSHIP

  M. PIRAVI PERUMAL   16 July 2009 at 13:31

1. Should a partnership firm be registered?Not necessarily. However, unless a partnership firm is registered with the registrar of firms and societies, the rights of the partners inter se or against strangers cannot be enforced in a court of law. If ..


Posted in Civil Law |   3376 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 |   2450 Views



Posted in Criminal Law |   1001 Views