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Articles by Swami Sadashiva Brahmendra Sar

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Prosecution of Company under s 138, N.I. Act

  Swami Sadashiva Brahmendra Sar   07 July 2009 at 08:55

Section 141 of the The Negotiable Instruments Act deals with offences by companies. Today, on 06/07/2009, the Supreme Court in A.K. Ahuja v V.K. Vora held that: “The criminal liability for the offence by a company under secti ..


Posted in Corporate Law |   2188 Views


Quashing of proceedings u/s 498-A, IPC

  Swami Sadashiva Brahmendra Sar   07 July 2009 at 08:55

Section 498A of the IPC reads as follows: "498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the shall be punished with imprisonment for a term which ..


Posted in Criminal Law |   2200 Views


CrPC s.154 and 156(3)-Judicial guidelines

  Swami Sadashiva Brahmendra Sar   01 July 2009 at 17:16

Recently a single judge of Allahabad High Court took serious note of lax attitude of police in registering FIRs and issued certain guidelines to the police officers and also to the magistrates regarding registration of FIR and investigation into the ..


Posted in Criminal Law |   8301 Views


Non supply of documents - prejudice theory

  Swami Sadashiva Brahmendra Sar   01 July 2009 at 08:43

In many cases on behalf of employee a ground is taken that during inquiry proceedings, certain documents were not supplied to him and thus the inquiry proceedings are bad in Law as there is non compliance of principles of natural justice. In this re ..


Posted in Labour & Service Law  2 comments |   5587 Views


Insurance- The Concept of

  Swami Sadashiva Brahmendra Sar   25 June 2009 at 12:47

Meaning:An insurance is an act, business or system by which pecuniary indemnity is guaranteed by one party to another in certain contingencies, as of death, accident ,damage, disaster injury, loss, old age. Sickness etc. upon specified terms.[1] A ..


Posted in Corporate Law |   2229 Views


European Union Court of Justice

  Swami Sadashiva Brahmendra Sar   21 June 2009 at 23:33

Establishment and constitution of The Court of justiceThe Court of Justice of the European Communities (often referred to simply as ‘the Court’) was set up under the ECSC Treaty in 1952. It is based in Luxembourg.Its job is to make sure t ..


Posted in Students |   2268 Views


Second Appeal - Law prevails over Truth

  Swami Sadashiva Brahmendra Sar   18 June 2009 at 11:44

In a decision[1] over s.100 of CPC, his lordship Hon. Dalveer Bhandari, J has referred 54th report of the Law Commission of India, submitted in 1973, wherein the Law Commission has said that it may be permissible to point out that a search for absolu ..


Posted in Civil Law |   4213 Views


Transfer- an incidence of service

  Swami Sadashiva Brahmendra Sar   18 June 2009 at 11:44

The legal position has been crystallized in number of judgments that transfer is an incidence of service and transfers are made according to administrative exigencies. In Gujarat Electricity Board and another v. Atmaram Sungomal Posh ..


Posted in Labour & Service Law |   3774 Views


Students as consumer of the College

  Swami Sadashiva Brahmendra Sar   18 June 2009 at 11:44

Under the Consumer Protection Act, definition of deficiency in service is as under : `Deficiency' means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintain ..


Posted in Students |   2832 Views


Standard of proof u/s 304B vis a vis 306, IPC

  Swami Sadashiva Brahmendra Sar   18 June 2009 at 11:44

Relevant provisions of the Evidence Act are as under:"113-A. Presumption as to abetment of suicide by a married woman.- When the question is whether the commission of suicide by a woman had been abetment by her husband or any relative of her h ..


Posted in Criminal Law |   2589 Views