i should know Law-The Laws of India-Indian Legal system.

Blog the Law. Lawyer Blogger. Advocate Blogger. Legal Blog. Picture by iamashar. BLOG IDEAS FOR LAWYERS TO TRY Lawyers are very busy persons and they tend to have excellent writing and story-telling skills. They can utilize these skills along with their skill of persuasion to the fullest extent afterall they are the professionals who stands with confidence and poise to present a strong and effective claim in the courtroom or outside. They are the voices of truth and justice, and come prepared after months of research and development. Beside courtroom dramas and legal advising one another thing which really can help a lawyer grow, connect and reach the right people is by creating a Legal Blog and blogging regularly on range of targeted topics which he has better grip on. In India Lawyers are forbidden from advertising and as such blogging is an unique opportunity to gain more exposure in the targeted field. One cannot mistake to think that the entire range of the blogging audience is...

  PRINCIPLES  OF  P I L.  Public Interest Litigation in India. The principles evolved by the Hon’ble Supreme Court in various cases for deciding different types of PIL are as under:   1. WELFARE OF THE PEOPLE PARAMOUNT CONSIDERATION:   Any person interested in the welfare of the people who are in a disadvantaged position can invoke the powers of the Court under Article 226 of the Constitution of India and Article 32 of the Constitution of India. The Court becomes constitutionally bound to protect the fundamental rights of these people and direct the State to fulfil its constitutional promises. 2. RELAXATION OF PROCEDURAL RULES OF PUBLIC IMPORTANCE :  If any issue relating to enforcement of fundamental rights of large number of people or public vis-à-vis the constitutional duties and functions of the State, if raised, the Court treats a letter or a telegram as a PIL. In such cases, the Court relaxes the procedural laws as also the law relating to pl...

ARBITRATION AGREEMENT Arbitration Agreement pursuant to amicable family settlement. Family settlement, Mitakshara School of Hindu Law.  Arbitration Agreements are agreements or clause in a broader contract in which the parties agrees to settle the disputes, if arises, out of court, through arbitration, any dispute as defined that arises with your counterpart. Arbitration agreements are common in commercial contracts, consumer contracts and employment contracts, however, they can be proposed additions to any contract negotiation in which one, both or all parties agrees to settle it out of court. The awards and/or orders passed are binding in law and can be strictly enforced. Arbitration Agreement is rarely found for family settlements. But there are some wise men, who in order to save duties and taxes or otherwise, choose to settle the assets of the family, orally among themselves, and later on after acting upon such amicable settlement among themselves they decide to reduce such ...

MISREPRESENTATION OF COURT ORDERS. The authorities all hold that where the orders a court, more so in a pending proceeding, where some decision is yet to be taken, is misrepresented by the press, or a party to the litigation or so misrepresented as to cause prejudice to a party, whether by way of making him afraid of continuing the proceeding or to compromise the case, is contumacious and ought to be punished.  Reliance is placed, in this regard on: (a) Reliance Petrochemicals Ltd—v—The Proprietors of Indian Express Newspapers, Bombay, Pvt. Ld. And Others, reported in (1988) 4 SCC 592: AIR 1989 SC 190: The so-called informed Press may misrepresent the Court proceedings. We must remember that the people at large have a right to know in order to be able to take part in a participatory development in the industrial life and democracy. Right to Know is a basic right which citizens of a free country aspire in the broader horizon of the right to live in this age in our land under Articl...

Article 226 and Letters Patent. Writ in the Original Jurisdiction of the Hon'ble High Court at Calcutta. 226 Article, writ petition under article 226, writ petition under article 226. EFFECT OF THE JUDGEMENT IN THE UNREPORTED CASE OF MESSRS. ARTHUR BUTLER & CO MUZAFFARPUR LTD. AND ANOTHER—V—UNION OF INDIA AND OTHERS 1. The above judgement has been extracted while explaining territorial jurisdiction and the effect of instituting a writ petition in the Original Side of this Hon'ble Court, at page 534 of the Commentaries of the Appellate Side Rules, 3rd Edition, edited by Justice R. Bhattacharya (Ret’d) and revised by Protik Prokash Banerji, Advocate, at page 534 of the opus cited. The judgement which was rendered in Appeal No.258 of 1973, is sourced in the case of University of Calcutta and Others—v—Shyamal Kumar Das, reported in (1984) 2 CLJ 302. (DB) - 2. However, a considerably larger extract is to be found in the case of U.P. Electric Supply Co. Ltd. (In Liquidati...

What is a Commercial Suit? A suit for the redressal of the commercial dispute of specified value/high value is a commercial suit. What is a commercial dispute? Commercial dispute is defined in Section 2 (1)(c) of the commercial courts act, 2015. A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, if it falls under Sub-clause (vii) of Section 2(1)(c) of the Act viz. "the agreements relating to immovable property used exclusively in trade or commerce". The words "used exclusively in trade or commerce" are to be interpreted purposefully. The word "used" denotes "actually used" and it cannot be either "ready for use" or "likely to be used" or "to be used". It should be "actually used". Ambalal Sarabhai Enterprises Limited—vs—KS Infraspace LLP and Another, [2020 15 scc 585] Where is it filed? It is filed in the Commercial Court. For a sui...

When the High Court exercises extraordinary jurisdiction under Art. 226 to the Constitution, it aims at securing a very speedy and efficacious remedy to a person, whose legal or constitutional right has been infringed. If all the elaborate and technical rules laid down in the Civil Procedure Code are to be applied to writ proceedings the very object and purpose is likely to be defeated. In view of the conflicting opinions expressed by the different courts, Parliament by the aforesaid amending Act introduced the explanation saying that in s. 141 of the Code the expression "proceedings" does not include "any proceedings under Art. 226 of the Constitution" and statutorily recognized the views expressed by some of the Courts that writ proceedings under Art. 226 of the Constitution shall not be deemed to be proceedings within the meaning of s. 141 of the Code. After the introduction of the explanation to s. 141 of the Code, it can be said that when s. 141 provides that...

  Relatives cannot be charged under section 498-A OF IPC. pic art -iamashar. RELATIVES CANNOT BE CHARGED UNDER SECTION 498-A OF Indian Penal Code, 1860. False and frivolous  legal cases against relatives of the husband can cause huge amounts of stress, anxiety, and financial burden on those individuals. In some cases, the lawsuits may be motivated by greed, revenge, or some other malicious intent, and can ultimately ruin the relationships and life. However, it is important to note that anyone can file a false case against someone else. The legal system allows for grievances to be, it may also strain the relationship and welfare of the children. It is important to note that frivolous cases are not only illegal but also unethical. They waste the time and resources of the court and can harm the reputation of the person or party being sued. If there are genuine legal issues that need to be addressed, it is always advisable to approach the situation in a sensible, civil, and lawful...