Law & Behold

Latest Episodes:

Gaming: Regulation and Data Protection ft. Abhishek Malhotra Sep 20, 2021

Show notes

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 Judgment: https://drive.google.com/file/d/1Xv1HUE4HFUvp7vULVd0YosIbTeEpwfb_/view?usp=sharing

India United States Mutual Legal Assistance Treaty: https://drive.google.com/file/d/17MI7qV8LQpSXqqdKkUKTOVZhwIjEO986/view?usp=sharing

Kidnapping for Ransom: 364A IPC Jul 11, 2021

Show notes

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 2021

Court: Supreme Court of India

Citation: LNIND 2021 SC 180

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Reservation in Promotion Jul 04, 2021

Show notes

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 therefore should get her benefits from a back date, i.e. the date she became entitled for promotion.

The Kerala Administrative Tribunal declined her plea but the High Court decided in her favour.

Tune is as we see how the Supreme Court interpreted Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. We also explore if a legislative provision can become a fetter for implementation of the same legislation? Why is it so difficult to bring about a societal change, and how should a statute be interpreted to give out its most comprehensive meaning.

Cause Title: THE STATE OF KERALA & OTHERS VERSUS LEESAMMA JOSEPH

Case Number: CIVIL APPEAL NO. 59 OF 2021

Court: Supreme Court of India

Citation: LNIND 2021 SC 181

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Deportation Jun 27, 2021

Show notes

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

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Taxing Religious Institutions Jun 20, 2021

Show notes

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

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Externment Jun 14, 2021

Show notes

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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Dismissal from Service Jun 06, 2021

Show notes

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 no man in his senses will take. Tune in, as we discover what the Jharkhand High Court did in the case of GC Patnayak.

Cause Title: G.C. Patnayak Versus Telco Ltd., Telco Colony, P.O. & P.S. Telco, Rep. through its Managing Director

Case Number: W.P.(L). No. 4707 of 2013

Court: High Court of Jharkhand

Citation: [2021] 2 LLJ 396

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Specific Performance May 31, 2021

Show notes

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 original land owner in pursuing the claims of compensation and the expenditure incurred by him in the litigation culminating in the award. Tune in as we discover how this principle played out in case of Ajit and Sukhbir.

Cause Title: Sukhbir v. Ajit Singh

Case Number: Civil Appeal 1653 of 2021

Court: Supreme Court

Citation: LNIND 2021 SC 155

Link to Judgment: https://drive.google.com/file/d/1sl8ZiqUzoWoNiierVKoJ6Oy4eYmb-tmY/view?usp=sharing

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Appearing to be Guilty May 16, 2021

Show notes

“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 (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the

ambit and the spirit underlying the enactment of Section 319 CrPC.

It is the duty of the court to do justice by punishing the real culprit. Where the investigating agency for any reason does not array one of the real culprits as an accused, the court is not powerless in calling the said accused to face trial. The question remains under what circumstances and at what stage should the court exercise its power as contemplated in Section 319 CrPC?”

Tune in as we discover how the Supreme Court answered this question with respect to Section 319 CrPC.

Cause Title: Sartaj Singh v. State of Haryana & Ors.

Case Number: Crl. Appeal 298-299 of 2021

Court: Supreme Court

Citation: 2021 Indlaw SC 115

Link to Judgment: https://drive.google.com/file/d/10gq8ns_dJdIWO2jB1ZhUM-G1_RKf689g/view?usp=sharing

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Link to FIR: https://drive.google.com/file/d/10gq8ns_dJdIWO2jB1ZhUM-G1_RKf689g/view?usp=sharing

#Podcast #Legal #Criminal #SupremeCourt #CRPC #Haryana #Karnal #HighCourt #Chandigarh #TrialCourt #DistrictCourt #Law #Hindi #HindiPodcast #Podcaster #PodcasterIndia

Senior Citizen May 08, 2021

Show notes

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: W.P.(C) 5144/2021

Court: Delhi High Court

Citation: LNIND 2021 DEL 877

Link to Judgment: https://drive.google.com/file/d/1Kj8bGB2o78sJwMjlhiloA4Y3hzMujZYm/view?usp=sharing

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