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://indiankanoon.org/doc/725224/ Madras HC Judgment: https://drive.google.com/file/d/1V2i7MRord5ucSgsHhBkitNJe4X4CH_CV/view?usp=sharing Delhi HC...

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 his favour. Tune in to know why! Cause Title: SHAIK AHMED VERSUS STATE OF TELANGANA LNIND 2021 SC 180 Case Number: CRIMINAL APPEAL NO.533 OF...

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 Division Clerk and Cashier, but she initiated a litigation claiming that she was entitled to reservation in promotion on account of her disability, and...

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 OF 2020,W.P. NO.11754 OF 2021,W.M.P. NOS.12516 & 12517 OF 2021 Court: Madras High Court Citation: LNINDORD 2021 MAD 292 Instagram:...

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 Adoration Convent  Case Number: Civil Appeal No. 202 of 2012 Court: Supreme Court of India  Citation: 2021 SCC OnLine SC 151 Instagram:...

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 Instagram: lawandbehold --- Send in a voice message: https://anchor.fm/lawandbehold/message

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 decision for that of the Tribunal. It can interfere with the punishment, if it is found that that the decision of the Tribunal is perverse or one, which...

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 to be the measure of damages subject, of course, to the deduction therefrom of money value of the services, time and energy expended by the...

“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 being cast upon him under the law to prove himself to be innocent. Section 319 CrPC springs out of the doctrine judex damnatur cum nocens absolvitur...

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 own house. This and lots more in this episode of Law and Behold. Cause Title: MS. MAMTA VERSUS THE STATE (GNCT OF DELHI) AND OTHERS Case Number:...

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 restrict bail, because the quantity greater than 250 grams of heroin (Deacetyl morphine), falls in the category of the commercial quantity; hence...

A writ petition was filed by the 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 whitener in Sessions Trial No. 89-A/01, State vs. Mahesh, under Sections 307, 504 and 506 IPC, Crime Case No.152/2000, Police Station Makhi, District...

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 Private Limited Civil Appeal Nos. 843-844 of 2021 2021 Indlaw SC 109 Link to Judgment:...

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 the door and expressed his inability to accompany him to the field stating, that Jayashree had committed suicide by hanging. A trial follows and...

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 was registered in Delhi! As per Section 177, CrPC, an inquiry and trial with respect of an offence is to be conducted by the court within whose...

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 with the resolution of the concerned panchayat and requested to sell the lands occupied by them illegally and unauthorizedly, but the same was...

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 of India (PFI), decided to avenge this purported act of blasphemy. On 04.07.2010 at about 8AM, a group of people with a common object, attacked the...

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: Advocate on Record Includes A Proprietary Firm Writ Petition (Civil) No. 1107/2020 2021 Indlaw SC 21 Link to Judgment:...

Welcome to Season 2 of Law and Behold! A weekly podcast full of facts, fun and law. Presenting to you the latest and most interesting judgments from Courts all over India.  Instagram: lawandbehold --- Send in a voice message: https://anchor.fm/lawandbehold/message

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 State of Himachal Pradesh Link: https://drive.google.com/file/d/1Belj4N7zxndCzcQmyH9cxONixoIpgbQI/view?usp=sharing Citation: 2020 Indlaw HP...

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 Enterprises Private Limited and others v Kolkata Municipal Corporation and others Link:...

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 front elevation of the scooter got damaged and spoiled the colour completely. Honda and the dealer did not resolve the said problem and refused to...

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 face. The shooters fled from the spot. The case eventually reached Supreme Court, where the Apex Courts pronounced an important judgment on attempt to...

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 marginally by the High Court. The Supreme Court employs the functional test to decide the amount of compensation. How are claims in motor accident cases...