September 2019

Erroneous concession in law by Advocate does not bind client

The respondent had been appointed under the Rehabilitation Assistance Scheme bearing order dated August 06, 1988 after the death of his father Basanta Kumar Sahoo. He joined on August 10, 1988, as Primary School Teacher in pursuance of the said order in the pay scale of Rs.780 - Rs.1140 with DA. The respondent had appeared for B.A examination when he was appointed as a primary school teacher. The pay scale is payable to Untrained Teachers having Matric qualification, whereas pay scale of Rs.840 - Rs. 1240 was the pay scale granted to Trained Matric Teachers. The Orissa Revised Scales of...

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Fundamental Right under Article 30 of the Constitution cannot be waived

The case had its genesis in the appointment of two teachers to the Khalsa Girls High School in West Bengal. The appointments were rejected by State authorities because the appointments were not made with the sanction of the School Service Commission (SSC) established under the Rules for Management of Recognized Non-Government Institutions (Aided and Unaided), 1969 (1969 Rules). Aggrieved by the decision, the two teachers moved the Calcutta High Court in 2003. In 2004, a Single Bench ruled in their favor, finding that the school was a minority institution and therefore entitled to make its own faculty appointments in view of their Fundamental Rights under Article...

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Non Governmental Organizations under Right to Information Act, 2005

Non-governmental organisations (NGOs) substantially funded by the government are subject to Right to Information Act, 2005 (RTI Act), the Supreme Court has ruled. The Apex Court in the judgment held that NGOs substantially financed by the appropriate Government fall within the ambit of ‘public authority’ under Section 2(h) of the RTI Act. The appellants before the Court were colleges or associations running the colleges/ schools. Their claim was that NGOs are not covered by the RTI Act. According to the appellants, the objective of the Act was to cover only Government and its instrumentalities which are accountable to the Government. It was urged...

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Family Courts Should Be Given the Jurisdiction to Deal with Offences Relating To Marriages

Regional Training Programme for Sensitization of Family Court Judges held on 21st and 22nd September 2019 at Judicial Academy Jharkhand, Ranchi. Supreme Court Judges Justice R Banumathi and Justice Indira Banerjee, Chief Justice of Delhi High Court Justice DN Patel, Acting Chief Justice of Jharkhand High Court HC Mishra, HC Judge Justice Aparesh Kumar Singh and Justice S Chandrasekhar along with judges of eastern and northern India took part in the program. SC Judge Justice NV Ramana spoke about the suggestions for improving the performance of the family court. Now a day’s family matters like 498A, divorce, maintenance, child custody, domestic...

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Keeping in mind the health of the people of the country and that too especially the youngster of the country the Union Cabinet has recently placed a ban on the e-cigarettes. E-cigarettes are battery-operated devices that produce an aerosol by heating a solution containing nicotine, which is the addictive substance in combustible cigarettes. These include all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices. In regard with this, the Union Cabinet has approved the Promulgation of the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019. Upon...

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Written submission in commercial suit

The Delhi High Court in the recent matter of NBCC (INDIA) LTD vs. AIRCON ENGINEERING SERVICES & ORS. has held that period of limitation for filing a written submission in a commercial suit starts from the first service and not subsequent service dates if the bailiff's report indicates successful service on the first occasion itself. The order was passed by a Single Judge Bench of Justice Mukta Gupta in an appeal against an order passed by the Joint Registrar, closing the right of the appellant to file its written submission in a commercial suit. The brief facts of the case are: The appellant...

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Government under the Arbitration Act

As per Section 36 of the Arbitration and Conciliation Act, 1996 i.e. where the time for making an application to set aside the arbitral award under Section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court. Whether an unconditional stay of the award be granted under Section 36 of the Arbitration and Conciliation Act 1996 (1996, Act) when the applicant is Government? The Supreme Court considered...

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Lok Adalat & amp; Refund of Court Fee

Lok Adalat

On a careful reading of the provisions of Section 89 of the Civil Procedure Code, 1908 it can be seen that when a matter is referred to Lok Adalat by a Civil Court, the provisions contained in the Legal Services Authorities Act 1987 shall govern the parties in the matter of resolving the dispute and also in the matter of refund of the court fees. There is a specific provision in the Legal Services Authorities Act, 1987 which provides for refund of the court fee when the matter is settled by the Lok Adalat and as per Section 16 of...

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Homebuyers Cannot Be Made To Wait Indefinitely For Possession

The complainant Alok Kumar was residing in Tokyo Japan and he was looking for an accommodation in India. While going through the advertisements, he came across the developer’s advertisement of a residential project namely “Michael Schumacher World Tower” in sector 109, Gurugram. He approached the concerned developer and discussed the details and finally booked the apartment in the above residential project in the year 2012 for a total consideration of Rs. 4,12,98,926/ by 2015.  In order to make above payment, he also took the Home loan of Rs 2,61,28,926/- @ 10.10% p.a. from HDFC bank. A Flat Buyer’s...

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Laws of Sedition vs. Freedom of Speech and Expression

Section 124A of Indian Penal Code, 1860 describes the offence of sedition. As per the prescribed section, a Sedition is an act of exciting or attempting to excite the dissatisfaction towards the Government established by law. The offence is punishable with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. In the section the expression “disaffection” includes disloyalty and all feelings of enmity. Mere expression of the disapproval of the administrative or other action of the Government to excite hatred or contempt does not...

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