Presumption under Section 114(g) of the Evidence Act
Generally, it is the duty of the party to lead the best evidence in his possession, which could throw light on the issue in controversy and in case such material…
Balancing Liberty and Justice: Judicial Parameters on Bail, Cancellation, and Speedy Trials
There is a vivid distinction between the parameters to be applied while considering a bail application, vis à vis those applicable while deciding a petition for its cancellation. In Puran…
Section 364A- Historical Background of Provision on Kidnapping for Ransom
Before discussing further Section 364A, it is relevant to mention what 364A talks about. Section 364A of IPC states as follows- 364A. Kidnapping for ransom, etc.— “Whoever kidnaps or abducts…
General principles embodied in the Penal Code, governing the exercise of the right of private defence
The Indian Penal Code excepts from the operation of its penal clauses large classes of acts done in good faith for the purpose of repelling unlawful aggression but this right…
Arbitration in India: Navigating Delays and the Role of Limitation Periods
The Arbitration and Conciliation Act, 1996, lays down a robust framework to address delays, ensure timely invocation of arbitration, and enforce the limitation period through sections such as 8, 11,…
Concept of Independence of the Judiciary in the words of the Supreme Court
This is an excerpt from Justice R Pandian’s Judgement in Supreme Court Advocate on Record Association v. Union of India (1993). Our Constitution is a radiant vibrant organism and under…
MahaRERA rejects the claim of the home buyer for interest on account of delay in possession due to delay in filing the complaint
Introduction The Hon’ble Member of the Maharashtra Real Estate Regulatory Authority (for short, “MahaRERA”), Shri. Mahesh Pathak, was hearing a complaint filed by a home buyer against the respondent for…
Assessing the quantum of permanent disablement in MACT Matters- Supreme Court Judgements
Disability refers to any restriction or lack of ability to perform an activity in the manner considered normal for a human being. Permanent disability refers to the residuary incapacity or…
MACT Matters- Assessment of disability for deciding compensation
This is an excerpt from the judgment of ‘Sidram v. Divisional Manager, United India Insurance co. Ltd. (2018)’. Permanent Disability and Temporary Disability Disability refers to any restriction or lack…
MACT Matters- Evolution of Jurisprudence on Just Compensation in case of disability
The process of determining the compensation by the court is essentially a very difficult task and can never be an exact science. Perfect compensation is hardly possible, more so in…