Legal Eagle India

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Legal Eagle India is a byte sized podcast discussing interesting judgments from Courts in India. New episodes, every Monday. We speak Hinglish.

Gaurav Pathak


    • Sep 20, 2021 LATEST EPISODE
    • infrequent NEW EPISODES
    • 13m AVG DURATION
    • 50 EPISODES


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    Latest episodes from Legal Eagle India

    Gaming: Regulation and Data Protection ft. Abhishek Malhotra

    Play Episode Listen Later Sep 20, 2021 29:53


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

    Kidnapping for Ransom: 364A IPC

    Play Episode Listen Later Jul 11, 2021 18:44


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

    Reservation in Promotion

    Play Episode Listen Later Jul 4, 2021 22:40


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

    Deportation

    Play Episode Listen Later Jun 27, 2021 14:11


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

    Taxing Religious Institutions

    Play Episode Listen Later Jun 20, 2021 19:42


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

    kerala taxing religious institutions
    Externment

    Play Episode Listen Later Jun 14, 2021 8:56


    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

    Dismissal from Service

    Play Episode Listen Later Jun 6, 2021 9:57


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

    Specific Performance

    Play Episode Listen Later May 31, 2021 13:00


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

    Appearing to be Guilty

    Play Episode Listen Later May 16, 2021 16:34


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

    Senior Citizen

    Play Episode Listen Later May 8, 2021 10:33


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

    RJB: Raid, Jail and Bail

    Play Episode Listen Later May 2, 2021 11:51


    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 the restrictions for bail imposed in S. 37 of NDPS Act, do not apply, and in the present case he is in custody for a considerable time. What does the Court do? Sonu Kumar v. State of Himachal Pradesh Case No : Cr. MP (M) No. 264 of 2021 Bench : Anoop Chitkara Citation : 2021 Indlaw HP 196 Link: https://drive.google.com/file/d/1Q-5-HLnI8YB-MFMBrRHpN-Yx5pv92rfO/view?usp=sharing Instagram: lawandbehold --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Manipulating Court Record

    Play Episode Listen Later Mar 21, 2021 17:18


    A writ petition was filed by 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 Unnao. The court record was tampered with and instead of 'Mahesh', 'Ramesh' had been written. Considering the gravity of the matter, the High Court called for-the comments of the Learned Additional Sessions Judge/Fast Track Court, Unnao. Mahesh was eventually chargesheeted but the High Court granted him bail. In this episode, we see as to how Supreme Court dealt with the question on bail in a crime allegedly involving tampering court records. Naveen Singh v State of Uttar Pradesh and another Criminal Appeal No. 320 of 2021 (Arising out of Special Leave Petition (Crl.) No. 2545 of 2020) 2021 Indlaw SC 116 Link to Judgment: https://drive.google.com/file/d/1_Gk4iAJF1-Uxhz6UMGFi7mFKL3lxJ0sx/view?usp=sharing Instagram: lawandbehold --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Limitation: Appointment of Arbitrator

    Play Episode Listen Later Mar 14, 2021 17:50


    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: https://drive.google.com/file/d/1Pkfsc2-jm_62B7Pj1-E6b3_uCZlgv5Ef/view?usp=sharing Feedspot has enlisted Law and Behold in Top 20 Podcasts on Indian Law! To see the list and discover more click on https://blog.feedspot.com/indian_law_podcasts/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Circumstantial Evidence

    Play Episode Listen Later Mar 7, 2021 14:17


    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 Shivaji is convicted for murder. The case eventually reaches Supreme Court. Join in, as we examine Circumstantial Evidence. Shivaji Chintappa Patil v. State of Maharashtra Criminal Appeal No. 1348 of 2013 2021 Indlaw SC 87 Link to Judgment: https://drive.google.com/file/d/1tRZfK0peY7flM5R94RjsoUK0L_VKCTlD/view?usp=sharing Feedspot has enlisted Law and Behold in Top 20 Podcasts on Indian Law! To see the list and discover more click on https://blog.feedspot.com/indian_law_podcasts/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Crime & Commerce Ft. Mohit Negi

    Play Episode Listen Later Feb 21, 2021 27:11


    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 local jurisdiction occurrence is said to have taken place, and the cause of action has arisen. Sections 178 and 179 are merely exceptions to the principle laid down in Section 177. Their scope should not be enlarged on analogous consideration. Ordinarily, the case is to be tried by the court in whose local limits the offence was committed, which in the present case is the state of Gujarat. In addition, for determination of offences alleged to have been committed under Section 406, IPC, Section 181, CrPC lays down that the jurisdiction lies with court where the offence was committed or any part of the property which is the subject of the offence was received or retained. Join is as we discuss this and lots more with Mohit Negi. Ramesh Boghabhai Bhut v. State and Another Crl.M.C. 1616/2020 & Crl.M.A. 10307/2020 2020 SCC OnLine Del 1475 Link to Judgment: https://drive.google.com/file/d/1brwFF_SlpjMfnJZK9jnISO3i61JpT086/view?usp=sharing https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Land Rights

    Play Episode Listen Later Feb 16, 2021 8:25


    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 rejected. The case eventually reached Supreme Court. This and lots more in this episode of Law and Behold. Case Name: Joginder and another v State of Haryana and others Citation: 2021 Indlaw SC 37 Link: https://drive.google.com/file/d/1RjecXawFtdiDXpZtgMMe8o32nKXZ7gsA/view?usp=sharing Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Najeeb: Bail under UAPA

    Play Episode Listen Later Feb 7, 2021 15:39


    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 victim-professor while he was returning home with his mother and sister after attending Sunday mass at a local Church. Over the course of the attack, members of the PFI forcefully intercepted the victim's car, restrained him and chopped-off his right palm with choppers, knives, and a small axe. Country-made bombs were also hurled at bystanders to create panic and terror in their minds and to prevent them from coming to the aid of the victim. Najeeb was arrested on 10.04.2015 and has been in jail since then. The Kerala High Court granted him bail, but the Supreme Court stayed that Order. Did Najeeb finally get bail from Supreme Court? What are the contours of bail jurisprudence in special laws such as UAPA. This and lots more in Episode 2 of Law and Behold! Union of India v. K.A. Najeeb Criminal Appeal No. 98 of 2021 2021 Indlaw SC 30 Link to Judgment: https://drive.google.com/file/d/16MLTsjbBuQ3fXacA5_tCEam-I90aQ4ho/view?usp=sharing https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Advocate on Record

    Play Episode Listen Later Jan 31, 2021 10:00


    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: https://drive.google.com/file/d/16MLTsjbBuQ3fXacA5_tCEam-I90aQ4ho/view?usp=sharing --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Trailer-Season 2

    Play Episode Listen Later Jan 30, 2021 0:40


    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

    Heroin

    Play Episode Listen Later Jul 12, 2020 9:27


    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 485 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Oh Calcutta!

    Play Episode Listen Later Jul 5, 2020 12:43


    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: https://drive.google.com/file/d/1tpvRTTojxkAzZYMXMUzeOvDmVCsmW79r/view?usp=sharing Citation: 2020 Indlaw CAL 312 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Manufacturing Defects

    Play Episode Listen Later Jun 28, 2020 12:39


    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 repair them. Being aggrieved by the deficiency in service, Krishan Bhatia filed a complaint against the Honda and M/s Satnam before the District Forum-II, Jaipur and prayed for refund of Rs. 52,500/- with interest alongwith other reliefs. The case went up to NCDRC, twice! In this episode we examine deficiency in service and unfair trade practice. All of which took 10 years to decide! Judgment-Satnam Motors Private Limited, through its Director, Rajasthan and another v Krishan Bhatia S/o M. L. Bhatia Link: https://drive.google.com/file/d/1i15Tn24ZXRzX018ltAh-P2vJaKo7ZrGS/view?usp=sharing Citation: 2020 Indlaw NCDRC 441 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Attempt to Murder

    Play Episode Listen Later Jun 21, 2020 21:38


    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 murder. This and lots more in this episode. Judgment-Mustak @ Kanio Ahmed Shaikh v State of Gujarat Link: https://drive.google.com/file/d/1hTRlVsQ5lAYUsaMFQ7G78iSgefniHCzc/view?usp=sharing Citation: 2020 Indlaw SC 375 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Amputation

    Play Episode Listen Later Jun 14, 2020 12:03


    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 decided? This and lots more in this episode. Judgment-Anthony Alias Anthony Swamy v Managing Director, K.S.R.T.C. Link: https://drive.google.com/file/d/1yEWlcB2Stix1JPL6xab0B2aoDuqDfb29/view?usp=sharing Citation: 2020 Indlaw SC 358 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Charas

    Play Episode Listen Later Jun 7, 2020 14:39


    Cannabis or marijuana is grown in ample amount in Himachal Pradesh. The Indian law mandates severe punishment for trading in contraband, especially in commercial quantities . Yet, one KG of Charas is not a commercial quantity. Shocked you, right? Listen in as we delve into Himachal Pradesh granting bail to a person accused of multiple NDPS offences. Judgment- Khekh Ram v. State of Himachal Pradesh Link: https://drive.google.com/file/d/1JSc9WYAlcxCzUPqpFrbCp3O8ztcn2Uo4/view?usp=sharing Citation: 2020 Indlaw HP 434 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Over Wait

    Play Episode Listen Later May 31, 2020 14:16


    The Union Public Service Commission (UPSC) conducts an exam for entry as Assistant Commandant in the Central Armed Police Forces. A written exam is followed by medical tests, subsequent to which candidates are called for interview. The medical standards are strict, and this particular candidate in question is found to be overweight. He approaches the Delhi High Court that his medical must be re-conducted by measuring weight with a properly calibrated weighing machine. What follows is a saga on examining normal human behaviour and how not to expend one’s legal rights. Judgment- Dhiraj Milind Dhurve v Union Public Service Commission and another Link: https://drive.google.com/open?id=1O8_4X1b_HdQJsX5W_tSdPDttqI6TtPcJ Citation: 2020 Indlaw DEL 1161 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ TCLF: http://tclf.in/ One Take Show : https://open.spotify.com/episode/1gT1hDNAlLgoKKCIUZhJEI?si=xPl93ZAXTqqwHSpd8CsUnw --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Quarantine- COVID-19

    Play Episode Listen Later May 24, 2020 17:24


    A photojournalist comes in contact with a Pizza Delivery person, who was later diagnosed as positive for coronavirus. The Govt came and directed the photojournalist to stay at home. A few days later, the Government passed another order for extending the quarantine. It also issued warnings for breaking quarantine. All of this was challenged in Court. The Delhi High Court conducted hearings over video conference. It balanced the claims of the journalist, with the needs of the Government. But how long is too long? Judgment- Amit Bhargava v State (NCT of Delhi) Link: https://drive.google.com/open?id=1JpF3jZIxb244hlqiAdKwbeoT-f-HgBWE Citation: 2020 Indlaw DEL 1038 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Termites Ate Them

    Play Episode Listen Later May 17, 2020 14:08


    A property dispute! It started in 2007-08, seven years later, the notary who attested the documents claims that the notary registry has been eaten up by termites! And well, this was an act of god. The Central Information Commission trashes this stand and imposes maximum penalty. All of this comes up before Delhi High Court, whose judgment we discuss! Judgment- Meena Sharma v. Nand Lal & Anr. Link: https://drive.google.com/open?id=1jDKKuhB3i_-PTqNCLP5FYzLpFMqFPMfX Citation: 2020 Indlaw DEL 1076 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Court Martial

    Play Episode Listen Later May 10, 2020 14:26


    A non commissioned officer in the Indian Army is accused of breaking-in at the middle of the night. A Court Martial follows. A culmination of a 21 year old journey, at the hands of the Supreme Court. This and lots more in this episode of Law and Behold! Judgment- Union of India and others v Dafadar Kartar Singh and another Link: https://drive.google.com/open?id=1sNmNjjppmhKfi_BeqZWHUfARTFWkkLfX Citation: 2019 Indlaw SC 1206 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Corruption in Education

    Play Episode Listen Later May 3, 2020 11:41


    An MBBS Student in a Deemed University in Gujarat is asked to cough up Rs. 20 Lakhs for an NOC. What follows is a tale of corruption. Charge and Discharge! See the rot in the education system and witness how the Supreme Court held that even private individuals can be considered to be public servants. Judgment- State of Gujarat v Mansukhbhai Kanjibhai Shah Link: https://drive.google.com/open?id=1k36GcPSyFzKi903_0WN3lkouWuCDFXaF Citation: 2020 Indlaw SC 319 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Celebratory Firing

    Play Episode Listen Later Apr 26, 2020 10:18


    A happy wedding in Uttrakhand is shattered by gunshots. Two people die, and the shooter is the groom’s father. The trial court awards life imprisonment for murder. The High Court confirms it, but the Supreme Court says that there was no murder! This and lots more in this episode of Law & Behold! Judgment- Bhagwan Singh v State of Uttarakhand Link: https://drive.google.com/open?id=1m-KenA4gunit2XWmSa8pTZRuyPPaa1wD Citation: 2020 Indlaw SCO 144 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Honourable Acquittal

    Play Episode Listen Later Apr 19, 2020 6:50


    Innocent until proven guilty, right? Well, that is not always the case. Especially when you are in a government service or an applicant for one! The Madhya Pradesh High Court examined a case in which the government employee was suspended because of a criminal case against him. Upon acquittal, he asked for full salary. Did he get it? This and lots more in this episode of Law & Behold! Judgment- Vijay Manjhi v State of Madhya Pradesh and others Link: https://drive.google.com/open?id=1RB0dCn7OxqJG3E8VbdAj352ZZYadnRAL Citation: 2020 Indlaw MP 6 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Cat Food: Animal Rights during Lockdown

    Play Episode Listen Later Apr 12, 2020 8:20


    The Kerala High Court allowed a cat owner to travel during the lockdown to get food for his pets. Did you know that international law recognises five fundamental rights of animals? Not feeding your pet is a criminal offence in India! This and lots more in this episode of Law & Behold! Judgment - N Prakash v. State of Kerala, W.P.(C). TMP-28 OF 2020, Kerala High Court https://drive.google.com/open?id=1e1DJR-548Ee8vcbIS275Lqecpdz_gocP Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Seat, Venue & Place: Arbitration Ft. Shashwat Awasthi

    Play Episode Listen Later Apr 5, 2020 22:51


    Why an Indian Company in the business of air purifiers had its air being put tight before the Supreme Court? The Apex Court has delivered an important verdict on differentiating the concepts of seat, venue and place. This case takes us to India, Nepal, Sri Lanka and Hong Kong, all while being under lockdown. In this episode, Shashwat Awasthi discusses various aspects of arbitration law and why the Supreme Court did what it did. Judgment - MANKASTU IMPEX PRIVATE LIMITED v. AIRVISUAL LIMITED, 2020 SCC OnLine SC 301 https://drive.google.com/open?id=1KSAH_qzd6-ev5PFQfZEKj7R4frTalaTl Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ PS- Due to the present lockdown, the episode has been recorded remotely using Skype. As a result, the audio quality has suffered. Apologies for the same, and thank you for the support. Stay safe! --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Money Laundering Ft. Shantanu Singh

    Play Episode Listen Later Mar 29, 2020 12:43


    What is Money Laundering? Know its history, present and future as we discuss a very important judgment from Punjab and Haryana High Court. P&H High Court Judgment: https://drive.google.com/open?id=1aSF2Gn9syxAm8cBE4GpEaQW-F9_HA2Yj Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ PS- Due to the present lockdown, the episode has been recorded remotely using Skype. As a result, the audio quality has suffered. Apologies for the same, and thank you for the support. Stay safe! --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Telecom Sector in Peril: Understanding AGR Ft. Aayush Jain

    Play Episode Listen Later Mar 23, 2020 30:50


    The Telecom Sector in India is in peril. It is a key contributor to the Indian economy but in debt of Rs 4 lakh crore. Bharti Airtel and Vodafone Idea, two major operators owe thousands of crores to the Government. The Supreme Court is on a relentless pursuit to make them pay. On October 24, 2019, the Apex Court delivered a verdict that shook up the sector. The judgment impacts entities who were not litigating in the first place! What is the AGR issue? How did we get here? And what is the way out. All of this and lots more in this Bonus Episode of Law and Behold! AGR Judgment- https://drive.google.com/open?id=1YOjKmr6_651GhvxQ6zTJZ_iBS1wJtV-8 AGR Judgment Final Order- https://drive.google.com/open?id=1sL5CZ8qqvff4QscArfZNDTE0HErFhH3Y Self Assessment Rejection Order- https://drive.google.com/open?id=1zCrZ9X2nLpVuJPbUzma0oRwQKIzd9nSE Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Seed Battle

    Play Episode Listen Later Mar 22, 2020 9:36


    Is a small scale farmer, who purchased seeds from a Company with a buy-black clause, a consumer? The Supreme Court has answered the same. In this episode, we trace the history and story of a longstanding litigation, which is yet to come to an end after 16 years. A classic David v. Goliath battle, in the corridors of Indian Courts. Judgment- https://drive.google.com/open?id=14W60XnmDmiV_d7KFEcVmxHhAn5vAZFfc Final Order- https://drive.google.com/open?id=1SZhOUghXr75FsXUGBlEvFRWb-WQHYs-3 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Land Acquisition Ft. Aayush Jain

    Play Episode Listen Later Mar 15, 2020 17:53


    A Five Judge Bench of the Supreme Court delivered a landmark verdict on land acquisition. In this episode, we understand what land acquisition is, why is it done, what has changed in the law, and what is so interesting about the judgment. Indore Development Authority Judgment 2020 SCC OnLine SC 316- https://drive.google.com/open?id=1aAulU5W-0OVzn0xQaLVYgCHio1qO0TTG Get in touch! Follow us at Twitter: @law_behold Instagram: lawandbehold --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Virtual Currencies in India: RBI Ban and Supreme Court

    Play Episode Listen Later Mar 8, 2020 11:39


    Reserve Bank of India (RBI) effectively banned virtual currencies in April 2018. This March, Supreme Court set that ban aside. Do you hold BitCoin, LiteCoin or any other crypto? Well, you can now finally encash and put them into your bank accounts. In this episode, we see what virtual currencies actually are and who uses them! We see the points canvassed before the Supreme Court and how the Court eventually decided. In short, Virtual Currency, Decoded. Judgment- https://drive.google.com/open?id=1PhfzinvvE-Ii5q02Ad8NMeizQW2gWoxl Follow Law & Behold at Twitter- https://twitter.com/law_behold Instagram- https://www.instagram.com/lawandbehold/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Fantasy Sports or Gambling? Ft. Kshitiz Sharma

    Play Episode Listen Later Mar 1, 2020 8:13


    Many High Courts have held that Fantasy Sports based online games like Dream 11 are not gambling websites. Rajasthan High Court has also delivered a judgment recently on this issue. In this episode, we discuss what are fantasy games, how do they different from gambling, and the tests courts employ to differentiate them. Recorded in the Pink City of Jaipur, this is a primer on how not to lose money! Rajasthan HC Judgment: Chandresh Sankhla v. State of Rajasthan, 2020 SCC OnLine Raj 264 Supreme Court Judgment: State Of Andhra Pradesh vs K. Satyanarayana https://indiankanoon.org/doc/84963/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Insanity and Death Penalty: Nirbhaya

    Play Episode Listen Later Feb 23, 2020 9:44


    Patiala House Court in Delhi has rejected insanity plea of Vinay Sharma, convicted in the Nirbhaya case. Law says that insane persons and pregnant women cannot be hanged. But why is that? Has it always been that? This and lots more in this episode. 2019 Judgment- https://timesofindia.indiatimes.com/india/india-joins-nations-which-dont-execute-mentally-ill-convicts/articleshow/69615922.cms --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Infra-less Tribunals: Scathing words from Bombay High Court

    Play Episode Listen Later Feb 16, 2020 9:27


    How will the economy be fixed, if cases of financial institutions remain pending for 20 years! Scathing words from Bombay High Court. Will the Government now act? WRIT PETITION NO. 386 OF 2020, Bombay High Court https://drive.google.com/open?id=13ZePKV1Jw0ws2X1eElbWsfnco2O1gRbg --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Understanding Investigation: Ft. Shrey Singh

    Play Episode Listen Later Feb 9, 2020 13:55


    Supreme Court has held that Trial Court can order further investigation, even after taking cognizance. This is a paradigm shift in criminal law. Read more: https://lawsamjho.in/2020/01/08/further-investigation-can-be-ordered-at-post-cognizance-stage/ --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Policing Social Media

    Play Episode Listen Later Feb 2, 2020 8:46


    Madras High Court has suggested ways to police social media. But is it even feasible? Crl. O.P. No. 34166 of 2019 --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Disqualifying Legislators: Radical Ideas

    Play Episode Listen Later Jan 26, 2020 8:39


    Presently, Speaker of the Legislature decides on disqualification of MP and MLAs on the grounds of Defection. Supreme Court has suggested the Parliament to make a constitutional amendment and replace the role of the Speaker, with a Panel of retired judges to decide on disqualifications, in a fair and time bound manner. Cases Mentioned: Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur Legislative Assembly & Ors. Civil Appeal No. 547 Of 2020 Rajendra Singh Rana and Ors. -v- Swami Prasad Maurya and Ors. 2007) 4 SCC 270. Know more- https://www.firstpost.com/politics/sc-asks-parliament-to-ponder-over-speakers-mandate-to-disqualify-mps-mlas-solution-may-lie-in-transferring-power-to-bodies-outside-legislature-7941341.html --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Double Trouble: Indian Railways

    Play Episode Listen Later Jan 19, 2020 4:02


    India Railways books two people on the same seat. What does one do? https://www.thehindu.com/news/cities/Delhi/railways-to-compensate-man-for-allotting-same-berth-to-2-passengers/article30597296.ece --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Consumer Law and Penalties ft. Neel Kamal Mishra

    Play Episode Listen Later Jan 12, 2020 18:47


    India has two consumer legislations. Consumer Protection Act, 1986 and Consumer Protection Act, 2019. Which one is in force? Does Chairman/Member of the Consumer Forum have all the powers that the Forum has? Let’s find out what the Lucknow Bench of the Allahabad High Court said https://drive.google.com/open?id=1KkNqobqnFf4hVFb-0IVj6ZOsbPdoG5ic --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Ratan Tata v. Cyrus Mistry ft. Shantanu Singh

    Play Episode Listen Later Jan 5, 2020 13:42


    Cyrus Mistry was removed as the Chairman of Tata Sons in October 2016. The National Company Law Tribunal ruled against him, but the Appellate Tribunal ruled in his favour. The battle is now in Supreme Court. What is the dispute about? What is at stakes! Know it all. --- Send in a voice message: https://anchor.fm/lawandbehold/message

    Law & Behold (Trailer)

    Play Episode Listen Later Jan 1, 2020 0:41


    --- Send in a voice message: https://podcasters.spotify.com/pod/show/lawandbehold/message

    Law & Behold! Judgments from Indian Courts (Trailer)

    Play Episode Listen Later Jan 1, 2020 0:41


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

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