The term “appeal” is defined to mean “ An application for the judicial examination or review by a higher Court of the decision of any inferior court or authority. Appeal is a proceeding taken before a superior Court or Authority for reversing or modifying decision of an inferior Court or authority on ground of error, a call for help. The appeal is the judicial examination and memorandum of appeal contains the grounds on which judicial examination is invited or sought. (See 21-STC-154, 161 (SC) )
It amounts in essence to a complaint to a higher...
Thursday, 1 August 2013
SC Aims To Check Misuse Of Power Of Attorney In Conveyancing Properties
The Supreme Court recently in Suraj Lamp & Industries (P) Ltd v. State of Haryana on October 11, 2011 has come down heavily on the invalidity of the legal arrangements taking place in the real estate sector in the form of Sale Agreement (SA) / General Power of Attorney (GPA) / Will Transfers; and instead held that the Registered Deed is the only legally valid tool for property transactions. Wherever a purchaser pays the full consideration, and instead of getting a Registered Deed of conveyance gets a SA/ GPA/ Will as a...
Rule of Law
Rule of law (“la principle de legalite”)
Dicey’s formulation:
Formulation of the concept of rule of law covers up three main principles that are considered classic expositions and there is nothing out dated as misunderstood about the formulation although expounded before more than hundred years. As contained, it is:
“The absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, or prerogative, or even wide discretionary powers, authorization on the part...
THE RIGHT WAY TO RUN A PRISON
The Supreme Court was right when it struck down the amendment to a prison ordinance that would have allowed private companies to manage prisons. The court ruled that the state would retain its monopoly to use force against citizens and that only a government agency has the right to restrict a citizen’s freedom. This is not only a matter of civil rights, but also a fundamental concept of government.
Even those who believe that the Supreme Court interferes more than it should in the government’s activities – whether regarding the security fence,...
Minimum Wages Act & Organized Sector.
India’s Minimum Wages Act, passed in 1948, is a study in how to convolute a simple idea. Instead of a baseline norm across sectors, the Centre and the state governments both have the power to mandate wages for specific types of jobs. The piecemeal nature of the legislation means that millions of workers fall through the cracks — if their employment is not listed in the schedule to the act, they are invisible in the eyes of the law. The Centre is now proposing to change this. By adding the phrase “any other employment” to the law’s schedule, the...
PASSING OFF UNDER INDIAN TRADEMARKS ACT 1999: “A BIRD’S EYE
INTRODUCTION
The passing off action depends upon the principle that nobody has a right to represent his goods as the goods of somebody. In other words a man is not to sell his goods or services under the pretence that they are those of another person.
Passing off is not defined in the Act. It is referred to in section 27(2), 134(1) (c) and 135.Section 27(2) states that the rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof. Section 134(1) (c) refers to injunction of courts...
Struggle of A Lady in Divorce Case
Start with a quote : “Divorce is a game played by lawyers”. -Cary Grant
I don’t agree with the quotation mentioned above. The reason of my disagreement is not that I am a lawyer by profession but a complex case which I am sharing herein. I hope that It will give a good insight in litigation of a divorce case. It may be helpful to law students and laymen as well. Identity and timings are changed for the sake of confidentiality. Any match to any case is just coincident. People is...
International diplomacy causes national shame
The Foreign Minister of India went on an official visit to Malaysia. In its capital Kuala Lumpur he presented a set of silver bowls to his counterpart which was accepted with thanks. However, on a closer examination of the sterling silver presents it came to light that the silver ware was NOT made of silver but of a cheap alloy. On a further examination of records back home in New Delhi, it was discovered that the Ministry of External Affairs had paid a sum of Rs 44,000/- for the fake silver ware whereas the middle man who had facilitated the...
No Right to Life
No… this article doesn’t refer to the Right to Life that is guaranteed to each and every person in India, under article 21 of the Constitution of the Republic of India. On the contrary, it refers to the Right to life… or rather, put in better terms, the Right to Existence of the various states of the Union of India, under the federal structure proclaimed by the makers of our Constitution!!
The form of the Indian Constitution is supposedly Federal in nature.
‘The essential characteristics of a Federal...
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