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Presently on Hold. Law & Behold is a legal podcast presenting recent and interesting judgments from courts in India. Listen to a fascinating story of a case that has been decided by the Supreme Court of India or one of the High Courts. A primer on legal education, the podcast is presented in Hinglish, and is suited for everyone interested in learning the nuances of law. Show Notes contain case name, case number and citation.
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In this Bonus Episode of Law and Behold, I interview Mr. Abhishek Malhotra, Managing Partner of TMT Law Practice on different aspects of Gaming Laws. Tune in to discover the history of Gaming Laws, why Intellectual Property matters in Gaming, the role of data protection in Gaming and lots more. R. M. D. Chamarbaugwalla vs The Union Of India: https:…
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Prateek Gupta, was a student in VIth standard in St. Mary’s High School, Rezimental Banzar, Secunderabad, Hyderabad was kidnapped on his way back home. The Police arrested the kidnapper named Sheik Ahmed, and he was convicted under Section 364A IPC by the Sessions Court. Ahmed’s appeal before High Court was dismissed, but the Supreme Court found in…
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Leesama Joseph was appointed in 1996 to the post of Typist/clerk in the Police Department on compassionate grounds, after her brother had passed away during service. She undisputedly suffered from Post Polio Residual Paralysis (L) Lower Limb and her permanent disability had been assessed at 55%. Leesama was promoted to the position of Upper Divisio…
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Government of India submitted an undertaking in 1994 to not deport Sri Lankan Tamils to Sri Lanka against their wishes. Does that undertaking still stand in 2021? Tune in as we unravel the case of Bhaskaran and his quest for a Swiss Visa! Cause Title: THAMARAI VERSUS THE UNION OF INDIA AND OTHERS Case Number: H.C.P. NO.1456 OF 2020,CRL.M.P. NO.5133…
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Does the exemption provision in Kerala Building Tax Act, 1975 apply to building housing nuns and students? Tune in as we discover why cases are decided so long after they are admitted. What are the different rules for interpreting tax laws, and the different methods to use them. Cause Title: Government of Kerala and Another Versus Mother Superior A…
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What is externment? What are the necessary features of an externment order. Tune in as we discover what the Bombay High Court said on this issue. Cause Title: Ranjit Kumar Veeran of Mumbai v. Deputy Commissioner of Police, Zone XII Case Number: Criminal Writ Petition 356 of 2021 Court: High Court of Judicature at Bombay Citation: LNIND 2021 BOM 209…
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Even if the proven offence relates to dishonest conduct of the employee. There cannot be any hard and fast Rule that once the misconduct of theft is proved, the dismissal will be automatic.High Court can interfere with the decision of the Industrial Tribunal under Section 11-A of the I.D. Act only on limited grounds. It cannot substitute its decisi…
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Where the contract for no fault of the plaintiff becomes impossible, Section 21 of Specific Relief Act, 1963 enables award of compensation in lieu and substitution of the specific performance. So far as the determination of the amount of compensation, it has been held that the compensation awarded under the Land Acquisition Act may safely be taken …
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“The presumption of innocence is the general law of the land as every man is presumed to be innocent unless proven to be guilty. Alternatively, certain statutory presumptions in relation to certain class of offences have been raised against the accused whereby the presumption of guilt prevails till the accused discharges his burden upon an onus bei…
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The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and Delhi Rules 2009 are welfare legislations. Senior Citizen Act and rules have been framed for the benefit and protection of senior citizens/Parents, so that they can spend their twilight years peacefully. The story of a father in law who was claimed of being thrown away from his…
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Sonu, who is in custody under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), w.e.f. 29.11.2019 for possessing 18.44 grams of heroin (Deacetyl morphine), has now come up before High Court under Section 439 of CrPC, seeking bail, on the grounds that the quantity of contraband allegedly seized is intermediate quantity and does not r…
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A writ petition was filed by Naveen Singh before the High Court of Judicature at Allahabad, Lucknow Bench being for issuance of writ of mandamus to take action on the complaint made by him against Mahesh Singh for committing forgery in Court record. At that time, it was alleged that there was a fabrication in the court record by way of using whiten…
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This episode discusses two important issues (i) the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996; and (ii) whether the Court may refuse to make the reference under Section 11 where the claims are ex facie time-barred? Bharat Sanchar Nigam Limited and another v Nortel Networks India Pr…
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Jayashree was married to Shivaji Chintappa Patil in 1995. They were blessed with two children. On the fateful night of 23rd March 2003, Shivaji and Jayashree went to sleep in their house. At the dawn of 24th March 2003, Ramchandra Chintappa gave a call to the Shivaji, so that they could go to their field for harvesting jawar crop. Shivaji opened th…
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The transaction relating to goods took place in Gujarat, the representations and meeting took place in Gujarat, the goods were shipped from a port in Gujarat, bill of ladings were released from Gujarat, the invoices were raised by the entity based out of Gujarat and the jurisdiction of such invoices were subject to the court of Gujarat. But the FIR…
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Joginder and Karamveer who are the residents of Village Sarsad, Tehsil Gohana, District Sonepat encroached upon the panchayat land and constructed the houses. The Government of Haryana framed a policy regarding sale of panchayat land in unauthorised possession. Joginder and Karamveer submitted the application before the competent authority along wi…
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Professor TJ Joseph while framing the Malayalam question paper for the second semester B.Com. examination at the Newman College, Thodupuzha, had included a question which was considered objectionable against a particular religion by certain sections of society. Prosecution alleged that Najeeb in association with other members of the Popular Front o…
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The institution of Advocate on Record is specific to the Supreme Court of India. The question which is raised in the present case is whether an Advocate-on-Record can have the entry in the Advocate-on-Record Register in the form of his style of carrying on the profession instead of Siddharth Murarka, as Law chamber of Siddharth Murarka? In Re: Advo…
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The Police says that it recovered 15.07 grams of Heroin from the flat of Suresh Thakur. He was arrested and put into jail. The drugs were apparently purchased from a foreigner in Delhi. But Suresh is himself a drug addict. In this season finale, we see how the Himachal Pradesh High Court decided Suresh’s bail application. Judgment-Suresh Thakur v S…
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Cavalier Enterprises alleged that Kolkata Municipal Corporation has illegally put a lock on its lifts. The real story turned out to be a lot different. In our penultimate episode of this season, we trace the history of hottest property in Kolkata from 1906! The Calcutta High Court saw through the charade, but what did it do? Judgment-Cavalier Enter…
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On 08.12.2010 Krishan Bhatia purchased one Honda Activa scooter from Satnam Motors Pvt. Ltd. at Jaipur for Rs. 52,500/-, but the bill invoice mentioned the amount as Rs. 44,076/-. The scooter was manufactured by Honda Motorcycle and Scooter India Pvt. Ltd. Krishan Bhatia alleged that due to some manufacturing defect some liquid was leaking and the …
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Dr. Jaydeep A Patel was going to his laboratory from his residence at around 4.45 p.m. on 3.12.2002, in his Indica Car being driven by his driver Jignesh G. Vyas. When the car had to slow down to negotiate a speed breaker, a motorbike stopped beside the car, and Dr. Patel was shot at. The bullet pierced the glass window and hit Dr. Patel on his fac…
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Anthony Swamy, a painter by profession was travelling in a bus. The bus meets an accident and hits a lorry. Anthony suffers grievous injuries. His left leg is amputated. He suffers all loss of income. He can no longer paint, or walk, or climb stairs or socialise. The Motor Accident Tribunal grants him a meagre compensation, which is increased margi…
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Cannabis or marijuana is grown in ample amount in Himachal Pradesh. The Indian law mandates severe punishment for trading in contraband, especially in commercial quantities . Yet, one KG of Charas is not a commercial quantity. Shocked you, right? Listen in as we delve into Himachal Pradesh granting bail to a person accused of multiple NDPS offences…
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The Union Public Service Commission (UPSC) conducts an exam for entry as Assistant Commandant in the Central Armed Police Forces. A written exam is followed by medical tests, subsequent to which candidates are called for interview. The medical standards are strict, and this particular candidate in question is found to be overweight. He approaches t…
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A photojournalist comes in contact with a Pizza Delivery person, who was later diagnosed as positive for coronavirus. The Govt came and directed the photojournalist to stay at home. A few days later, the Government passed another order for extending the quarantine. It also issued warnings for breaking quarantine. All of this was challenged in Court…
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A property dispute! It started in 2007-08, seven years later, the notary who attested the documents claims that the notary registry has been eaten up by termites! And well, this was an act of god. The Central Information Commission trashes this stand and imposes maximum penalty. All of this comes up before Delhi High Court, whose judgment we discus…
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A non commissioned officer in the Indian Army is accused of breaking-in at the middle of the night. A Court Martial follows. A culmination of a 21 year old journey, at the hands of the Supreme Court. This and lots more in this episode of Law and Behold! Judgment- Union of India and others v Dafadar Kartar Singh and another Link: https://drive.googl…
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An MBBS Student in a Deemed University in Gujarat is asked to cough up Rs. 20 Lakhs for an NOC. What follows is a tale of corruption. Charge and Discharge! See the rot in the education system and witness how the Supreme Court held that even private individuals can be considered to be public servants. Judgment- State of Gujarat v Mansukhbhai Kanjibh…
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A happy wedding in Uttrakhand is shattered by gunshots. Two people die, and the shooter is the groom’s father. The trial court awards life imprisonment for murder. The High Court confirms it, but the Supreme Court says that there was no murder! This and lots more in this episode of Law & Behold! Judgment- Bhagwan Singh v State of Uttarakhand Link: …
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Innocent until proven guilty, right? Well, that is not always the case. Especially when you are in a government service or an applicant for one! The Madhya Pradesh High Court examined a case in which the government employee was suspended because of a criminal case against him. Upon acquittal, he asked for full salary. Did he get it? This and lots m…
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The Kerala High Court allowed a cat owner to travel during the lockdown to get food for his pets. Did you know that international law recognises five fundamental rights of animals? Not feeding your pet is a criminal offence in India! This and lots more in this episode of Law & Behold! Judgment - N Prakash v. State of Kerala, W.P.(C). TMP-28 OF 2020…
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Why an Indian Company in the business of air purifiers had its air being put tight before the Supreme Court? The Apex Court has delivered an important verdict on differentiating the concepts of seat, venue and place. This case takes us to India, Nepal, Sri Lanka and Hong Kong, all while being under lockdown. In this episode, Shashwat Awasthi discus…
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What is Money Laundering? Know its history, present and future as we discuss a very important judgment from Punjab and Haryana High Court. P&H High Court Judgment: https://drive.google.com/open?id=1aSF2Gn9syxAm8cBE4GpEaQW-F9_HA2Yj Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ PS- Due to the present lockd…
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The Telecom Sector in India is in peril. It is a key contributor to the Indian economy but in debt of Rs 4 lakh crore. Bharti Airtel and Vodafone Idea, two major operators owe thousands of crores to the Government. The Supreme Court is on a relentless pursuit to make them pay. On October 24, 2019, the Apex Court delivered a verdict that shook up th…
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Is a small scale farmer, who purchased seeds from a Company with a buy-black clause, a consumer? The Supreme Court has answered the same. In this episode, we trace the history and story of a longstanding litigation, which is yet to come to an end after 16 years. A classic David v. Goliath battle, in the corridors of Indian Courts. Judgment- https:/…
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A Five Judge Bench of the Supreme Court delivered a landmark verdict on land acquisition. In this episode, we understand what land acquisition is, why is it done, what has changed in the law, and what is so interesting about the judgment. Indore Development Authority Judgment 2020 SCC OnLine SC 316- https://drive.google.com/open?id=1aAulU5W-0OVzn0x…
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Reserve Bank of India (RBI) effectively banned virtual currencies in April 2018. This March, Supreme Court set that ban aside. Do you hold BitCoin, LiteCoin or any other crypto? Well, you can now finally encash and put them into your bank accounts. In this episode, we see what virtual currencies actually are and who uses them! We see the points can…
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Many High Courts have held that Fantasy Sports based online games like Dream 11 are not gambling websites. Rajasthan High Court has also delivered a judgment recently on this issue. In this episode, we discuss what are fantasy games, how do they different from gambling, and the tests courts employ to differentiate them. Recorded in the Pink City of…
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Patiala House Court in Delhi has rejected insanity plea of Vinay Sharma, convicted in the Nirbhaya case. Law says that insane persons and pregnant women cannot be hanged. But why is that? Has it always been that? This and lots more in this episode. 2019 Judgment- https://timesofindia.indiatimes.com/india/india-joins-nations-which-dont-execute-menta…
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How will the economy be fixed, if cases of financial institutions remain pending for 20 years! Scathing words from Bombay High Court. Will the Government now act? WRIT PETITION NO. 386 OF 2020, Bombay High Court https://drive.google.com/open?id=13ZePKV1Jw0ws2X1eElbWsfnco2O1gRbg --- Send in a voice message: https://podcasters.spotify.com/pod/show/la…
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Supreme Court has held that Trial Court can order further investigation, even after taking cognizance. This is a paradigm shift in criminal law. Read more: https://lawsamjho.in/2020/01/08/further-investigation-can-be-ordered-at-post-cognizance-stage/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/lawandbehold/message…
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Presently, Speaker of the Legislature decides on disqualification of MP and MLAs on the grounds of Defection. Supreme Court has suggested the Parliament to make a constitutional amendment and replace the role of the Speaker, with a Panel of retired judges to decide on disqualifications, in a fair and time bound manner. Cases Mentioned: Keisham Megh…
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India has two consumer legislations. Consumer Protection Act, 1986 and Consumer Protection Act, 2019. Which one is in force? Does Chairman/Member of the Consumer Forum have all the powers that the Forum has? Let’s find out what the Lucknow Bench of the Allahabad High Court said https://drive.google.com/open?id=1KkNqobqnFf4hVFb-0IVj6ZOsbPdoG5ic --- …
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Cyrus Mistry was removed as the Chairman of Tata Sons in October 2016. The National Company Law Tribunal ruled against him, but the Appellate Tribunal ruled in his favour. The battle is now in Supreme Court. What is the dispute about? What is at stakes! Know it all. --- Send in a voice message: https://podcasters.spotify.com/pod/show/lawandbehold/m…
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