Dishonour of a cheque issued to satisfy time-barred debt – Whether attracts criminal liability
The Law Blog
by The Law Blog
2w ago
Introduction Today, courts are flooded with Cheque Dishonour cases to such an extent that in every metropolitan area and in big districts there are Special Courts of Judicial or Metropolitan magistrates to deal exclusively with these cases. Negotiable Instruments Act (NI Act) provides for the offence of cheque dishonour. Section 138, N.I. Act[i] provides for the situations when the cheque is said to be dishonoured. However, dishonour of a cheque is, by itself, not an offence under Section 138 of the N.I. Act. To become an offence, the following ingredients have to be fulfilled: Drawing of the ..read more
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Defamation of Deceased – Analysing the sustainability of action from Criminal and Civil Law Perspective (Part II)
The Law Blog
by The Law Blog
1M ago
This is the second part of the bi-partite article series. The first part can be found here. This part focuses on the situation when the plaintiff dies in a civil action for defamation. It also provides for the remedies that are available to the Legal Representatives of the Deceased Plaintiff. Civil Suit for Defamation-Plaintiff died; Can his Legal Representatives continue the suit When a party to a suit dies, the first question to be decided is whether the right to sue survives or not? If it does not, there is an end to the suit. If it does, the suit will not abate and can be continued by or a ..read more
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Defamation of Deceased – Analysing the sustainability of action from Criminal and Civil Law Perspective (Part I)
The Law Blog
by The Law Blog
1M ago
Before starting, the author wants to show his heartfelt gratitude to Mr. Vishal Vyas, Civil Judge Cum Judicial Magistrate First Class, Rajasthan Judicial Services for providing his valuable insights and relevant case laws on the topic. The inspiration to write this article has been taken from Seminar Paper prepared by Mr. Vyas for the quarterly workshop of the Judges of the Rajasthan. This is the first part of a bi-partite article series. Introduction In India, defamation is both a criminal as well as civil wrong. So, the person defamed has been given the liberty to bring either civil or c ..read more
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The Deportation of Rohingyas to Bhasan Char: A Prospective case of ‘Crimes against Humanity’ 
The Law Blog
by The Law Blog
1M ago
The small state of Bangladesh is overburdened by a migrating population of the Rohingya, thus, since 2020 they have begun sending the Rohingya people to Bhasan Char, an Island close to their coast but considered uninhabitable by experts. Bangladesh intends to shift around 1 lakh of them, though so far, thousands have been shifted. They have also with the help of Chinese and British companies built concrete establishments such as flood embankments, hospitals, Masjids etc. To what extent are these structures habitable and for how long will people actually be able to live on this Island is a big ..read more
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What is the Fate of a Criminal Case when the Complainant/Informant dies without proving the FIR
The Law Blog
by The Law Blog
1M ago
It is very well settled that crime is against society as a whole and the state prosecutes the accused on behalf of the victim/society. But, there might be some peculiar situations where the person who lodges the First Information Report with the police (he may be merely a witness who saw the incident or he may be a victim himself or in some cases, he may be the person who neither suffered the incident nor saw it but just on the basis of hearsay information goes and lodges the report; in the end, all are said to be complainant/informant) dies before he can actually prove it before the court dur ..read more
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Defendant’s Claim for Injunction in Suit filed by Plaintiff
The Law Blog
by The Law Blog
2M ago
The present article focuses on the regularly encountered situation in trial courts. It is often seen that in a suit by a plaintiff where he claims injunction in the connected miscellaneous file through an application under Order 39 CPC, the defendant many times through his reply to the plaintiff’s application not only denies the averments of the plaintiff’s injunction application but also claims injunction in his own favour. So the moot question that arises before us is- “Whether defendant can claim injunction in his own favour in reply to the plaintiff’s claim for injunction? If yes, then und ..read more
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Analysing the Most-Favoured-Nation clause under Tax Treaty: Is India’s Divergent View Correct?
The Law Blog
by The Law Blog
2M ago
In Concentrix Services Netherlands B.V. v. Income Tax Officer (TDS) and ANR. (“Concentrix Services”) (22 April, 2018), the High Court of Delhi (“Court”),  decided an issue over the most-favoured-nation (“MFN”) clause in the protocol of the Double Taxation Avoidance Agreement (“DTAA”) in which the court using the principle of common interpretation (“principle”) relied upon a decree issued by the Netherlands. The principle dictates that the court of one contractual state should review the decision rendered by another contracting state and determine whether interpretation can be transmitted ..read more
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Exclusionary Rules and Illegally Obtained Evidence
The Law Blog
by The Law Blog
3M ago
1.      Introduction: Exclusionary rules The exclusionary rules permit an accused to prevent the prosecution from introducing at trial otherwise admissible evidence that was obtained in violation of the Constitution.[i] The rationale behind these rules is the expectation that law enforcement officers will refrain from engaging in unlawful evidence-gathering techniques if they are aware that the physical or testimonial evidence produced will be inadmissible at trial.[ii] These rules play an important role in establishing a balance between individual rights and preventin ..read more
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Refund of Court Fees – When and How Much (Part-III)
The Law Blog
by The Law Blog
3M ago
The last part of the tri-article series deals with the remaining grounds on which parties claim refund of court fees paid (The first two parts can be accessed here and here). The main highlight of this part is the answer to the issue of whether court fees can be refunded under the Inherent Powers of the Civil Court. Let’s start. Time Barred Appeals In Sidheswar Chandra v Satya Kishore[i], a memorandum of appeal had been filed beyond time and an application was made under Section 5 of the Limitation Act for condoning the delay. The application was allowed on certain conditions which w ..read more
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Hijab vs. Mask: Identical Attire, Diversified Connotations
The Law Blog
by The Law Blog
4M ago
Introduction Life is a blend – you create dissolving in it by what you think, see, perceive and believe. Everything we hear is an opinion, not a fact and everything we see is a ‘Perspective’, not the truth. The time has not changed, rather it has transformed like a piece of coal into a pinnacle of paragon, refracting & reflecting the modern dews of development. We live in the 21st century, in the fourth wave of feminism, where modernization & western progressive ideology has touched nearly every sphere of the global world including politics, economics & financial systems, societal ..read more
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