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Once a reader queried whether this column carried ‘imagined’ instances. We replied that the law is far stranger than fiction and we had no need to invent stories. Now comes a judgement that puts many of our columns into one, single, perspective. It’s a merging of case studies and fortifies the maxim, ‘If there is a malady, there must be a r..

The Keep or Kill Dilemma:   To keep or to destroy? This is a question which all of us face when we sit down with unsorted papers, bills, credit card statements, insurance premium receipts and a plethora of other papers. Deciding which papers need to be kept, and ..

The straight answer to this is – to insist the presiding Judge to record “finding of facts”. Every decision of court, as far as possible, must be based on record of findings of facts. Finding based decisions   Finding of fact: The “finding of fa..

Just about everybody has an opinion on legal delays. Some, obviously exaggerated, comments put the backlog clearing schedule at a couple of hundred years. Nice after-dinner banter, but way off the mark. Last year, Indian courts cleared two crore cases. So, how come there is still a huge pending docket? Simply because another couple of crore fresh cases..

It is the rainy season of elections again. Coming are the Punjab and U.P. Everybody will engage in election activities shortly or show to be engaged so. Colours of the turbans will also get change. Changing the party and taking the better opportunity in another party is a normal act for the political leaders. Every leader wants a suitable and comfortable position..

Environment - How sacred? 'Ant in the Ear of the Elephant’(‘The Story of the people’s struggle against the Kodankulam plant’) by Minni Vaid highlights how human suffering is in a new phase p style="text-alig..

Around the turn of the century, a news report had carried a bizarre story. An American judge gave his trousers (pants) to a Chinese laundry for alteration. Cost $10.50. He then experienced what is a common occurrence; clothes lost at the laundry. Happens to everybody.    In India, the usual practice is to ..

“Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command ‘significant societal consensus’/stro..

The Gujarat High Court in the recent landmark decision in Nikhil P Gandhi v. State of Gujarat has struck down the contention that when a signed blank cheque leaf is handed over to the other party by way of security, the same can never be filled up and if it is filled up it would amount to a material alteration within the meaning of Section 87 of t..

Claim rejection is the most disappointing subject in a policy holder’s life. The customer starts loosing trust in the company and feels betrayed. They feel the company gives unrealistic reasons for rejecting their claims. An insurance claim rejection results in a huge loss to customer, financially, because now they have to pay the medical expenses from their wallet. This usually..

I hate somebody. Virulently. The so-and-so is also breaking the law. I want to teach him a lesson. But I am as poor as a church mouse. Flat broke. What do I do? What would you do?   First, desist from litigation just to ‘show him’. It never work..

1.  An advocate is the only person who is expected to speak for the voiceless. To speak without fear is the prime and supreme quality required for any advocate to derive the fruits of justice for his clients who are victims of injustice from their opponents in one way or the other. Historically it has been proved that advo..

An injunction is a specific order of the Court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun.   An injunction is defined in Halsbury's Laws as “A judicial process whereby a party is ordered to refrain from doing or ..

The rights and duties of a landlord were the subject of a recent conference. One of the owners discussed the probability of leasing out his property in a building. In his rush for earning a goodly sum, he insisted that he could not be held liable for any activities that his lessee indulged in. Most of the conferees agreed with him. This author did not. d..

Section 84 of the Real Estate Act, stipulates that the appropriate government shall, within a period of 6 months from the date of commencement of the Act, by notification, make rules for carrying out the provisions of the Real Estate Act. It further provides the subject matters for which such rules shall be framed.   ..