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Articles by Swami Sadashiva Brahmendra Sar

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Legislative Process :Journey of a Bill

  Swami Sadashiva Brahmendra Sar   31 May 2011 at 09:18

A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament. First Reading The legislative process starts with the introduction of a Bill in either House of Parliament-Lok Sabha ..

Posted in Constitutional Law |   2145 Views

Unregistered sale deed- admissibility in evidence

  Swami Sadashiva Brahmendra Sar   24 April 2010 at 20:43

Regarding admissibility of unregistered sale deed in evidence the supreme court has laid down following principles: ..

Posted in Civil Law |   10912 Views

Disposal of seazed vehicles

  Swami Sadashiva Brahmendra Sar   21 April 2010 at 15:16

In Sunderbhai Ambalal Desai (2002) 10 SCC 283, the Supreme Court while quoting the provisions Sections 451 and 457 of the Cr.PC, observed in para 7 as unde ..

Posted in Criminal Law |   4061 Views

Jurisdiction of BFIR vis a vis High Court

  Swami Sadashiva Brahmendra Sar   29 March 2010 at 15:14

Sick Industrial Companies (Special provisions) Act, 1984 (SICA) has overriding effect when there arises a question of jurisdiction of BFIR under SICA vis a vis the High Court under s 391 of companies Act.In Tata Motors Ltd v. Pharmaceutical Pro ..

Posted in Corporate Law |   3998 Views

Types of grievances brought u/s 482 Cr.P.C.

  Swami Sadashiva Brahmendra Sar   06 March 2010 at 09:27

Here is the list of orders of Lower Courts/ Magistrates against which applications are normally filed before the High Court under s. 482 Cr.P.C. These applications are brought under following category code : Category Code ..

Posted in Criminal Law  2 comments |   7460 Views

Principle of negative equality

  Swami Sadashiva Brahmendra Sar   14 February 2010 at 18:47

Principle of negative equality A Division Bench of the Allahabad High Court in Shripal Vaish v. U.P. Power Corpn. Ltd. (2009) 4 UPLBEC 3267 held that if a person is not entitled to payment in view of a particular provision, he can not claim pari ..

Posted in Constitutional Law |   8805 Views

Penal provisions relating to road accidents

  Swami Sadashiva Brahmendra Sar   25 November 2009 at 14:28

Penal provisions to combat road accidents can be found in following three enactments:(i) Indian Penal Code, 1860 (ii) Motor Vehicles Act, 1988 (iii) National Highways Act, 1956 (i) Indian Penal Code, 1860 Sections 279, 304A, 336, ..

Posted in Criminal Law |   7867 Views

Suit can not be dismissed on default to pay costs

  Swami Sadashiva Brahmendra Sar   15 November 2009 at 10:31

Section 35B of CPC deals with costs for causing delay. Relevant portion of the said section extracted below : "35B. Costs for causing delay. - (1) If, on any date fixed for the hearing of a suit or for taking any step therein, a part ..

Posted in Civil Law |   2903 Views

Divorce in U.K. - Basic informations

  Swami Sadashiva Brahmendra Sar   24 October 2009 at 23:12

How can you get a divorce?By filling in a form called a “petition” and taking it to any divorce county court or to the Principal Registry in London.This leaflet gives you a list of all divorce county courts.The addresses and telephone num ..

Posted in Family Law |   2437 Views

Judicial verdicts on degrees of Hindi Sahitya Sammelan

  Swami Sadashiva Brahmendra Sar   26 September 2009 at 20:51

Often it is seen that students who can not secure admission in a reputed and unsuspicious institution, get attracted to an easier study program offered by an institution that may be either fake or degrees and certificates awarded by them are not reco ..

Posted in Students |   5155 Views