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Arbitral Award To Be Patently Illegal If The Arbitrator Fails To Act According To Terms Of Contract Or Ignores Specific Terms Of The Contract: Supreme Court

Supreme Court Bench, in the case of Indian Oil Corporation Ltd v Shree Ganesh Petroleum Rajgurunagar,has observed that an award will be patently illegal where the Arbitral Tribunal fails to acts on terms of the contract or ignores the specific terms of a contract.   Brief facts of the case are that the Appellant took a plot of land (premise) on lease for a ter..

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S. 37 NDPS Act: Reasonable Grounds Mean Something More Than Prima Facie Grounds: Calcutta HC

The Calcutta HC has, in the case tilted Manik Das vs Narcotics Control Bureau has interpreted section 37 of the Narcotic Drugs And Psychotropic Substances Act and has observed that the words ‘reasonable grounds’ means something more than mere ‘prima facie’ grounds. In the instant case, one Sanji..

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Accused Cannot Be Discharged Under Section 245(2) CrPC Without Recording Reasons And Examining Witness: Calcutta HC

In the case of Supratik Ghosh vs. State of West Bengal and anr. the Hon’ble Calcutta HC has held that the Magistrate, discharging an accused under section 245(2) of CrPC has to be satisfied of the fact that no case has been made out and has to record reasons for the same. Thus, he cannot discharge the accused merely on the ground that the accused has f..

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Top News Headlines 4th Feb 2022: S. 37 NDPS Act: Reasonable Grounds Mean Something More Than Prima Facie Grounds

S. 37 NDPS Act: Reasonable Grounds Mean Something More Than Prima Facie Grounds: Calcutta HC The Calcutta HC has, in the case tilted Manik Das vs Narcotics Control Bureau has interpreted section 37 of the Narcotic Drugs And Psychotropic Substances Act and has observed that the words ‘reasonable grounds’ me..

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Concept Of Dying Declaration: A Critical Analysis

KEY TAKEAWAYS Dying declaration is an exception to the general rule and is based on the legal maxim “Nemo moriturus praesumitur mentire” which means that a man will not meet his maker with a lie in his mouth. The law regards the words of the dying person with great s..

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Charge Vs Actionable Claim Vs Actionable Vs Mortgage Vs Pledge Vs Lien

KEY TAKE AWAYS Charge refers to the safety for securing the debt, by way of pledge, hypothecation and mortgage. Actionable Claim may be a claim or a debt that one can take an action. In other words, there exists a claim (debt during this case) and one can approach the court for ..

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Extramarital Affair: A Cause Of Mental Cruelty

KEY TAKE AWAYS A sexual relationship between a married spouse and another who he/she is not legally married to is known as an extramarital affair also called as adulteration. Section 497 IPC and Section198 CrPC had delt with the criminalisation of extramarital affairs. l..

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Civil Contempt Can Be Made Out Under Order XXXIX Rule 2A Of Civil Procedure Code Only In Case Of Wilful Disobedience: Supreme Court

Setting aside the order of a single bench judge of the Delhi High Court (HC), Supreme Court (SC), in the case of Future Retail Ltd v Amazon.com Investment Holdings & Future Coupons Pvt Ltd v Amazon.com Investment Holdings observed that a civil contempt can be made only when there is a “wilful disobedience” and not where there is a mere disobe..

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Section 82 CrPC Does Not Bar Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab and Haryana HC

The Hon’ble Punjab and Haryana HC, in the case of Mamta Giri vs. State of UT Chandigarh has held that nothing contained in section 82 CrPC will bar a proclaimed offender to file an application seeking anticipatory bail, if he could satisfy the Court that he had cogent reasons for not being able to be present in Court. li style="text-align: just..

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Criminal Court Can Try A Case Against An Army Personnel When The Commanding Officer Does Not Exercise His Discretion To Initiate Court Martial: SC

In the case of State Of Sikkim vs Jasbir Singh the Hon’ble SC has held that a criminal Court will have the jurisdiction to try a case against an army personnel when the Commanding Officer has not exercised his discretion under section 125 of the Army Act to initiate the proceedings of Court Martial. In the instan..

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What You Need To Know About Recalled Product

Although the United States is an extensive, populous and influential country, it’s hard to escape the fact that You can use its sheer size to allow defective products to slip through its systems. Indeed, recent history is rife with products that have been sold to American customers despite having serious issues. a href="http://www.losangelesproductliabilityfirm.com/b..

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Top News Headlines 3rd Feb 2022: Section 82 CrPC Does Not Bar Filing Of Anticipatory Bail By Proclaimed Offenders

Section 82 CrPC Does Not Bar Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab and Haryana HC The Hon’ble Punjab and Haryana HC, in the case of Mamta Giri vs. State of UT Chandigarh has held that nothing contained in section 82 CrPC will bar a proclaimed offender to file an application seeking anticipa..

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Things to Know About a Deposition

When it comes to a personal injury case, you can expect to go through a deposition. It's part of the discovery process where they get details from what happened on both sides. When you file a lawsuit, the other side has the right to know what happened from your perspective. Here are some things to know about a deposition. ..

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Godse: Why I Killed Gandhi

KEY TAKEAWAYS The Indian government has recognized January 30th as Martyr's Day or Shaheed Diwas in commemoration of all the sacrifices made by the freedom fighters in the war for India's independence and to pay our respects to them. The Supreme Court recently refused to hear a w..

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Strong Suspicion Of Prima Facie Case Based On Material On Record Sufficient To Frame Charges

The Delhi High Court, in the case of Shakiluddin @ Babloo v the State has upheld the order passed by the Trial Court framing the charge of murder and consequently, dismissed the revision petition submitted before it by the petitioner/ revisionist. Dismissing the petition, the High Court held that when the material plac..

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