What is 'Act of God' or 'Vis Major' in Legal Parlance?

Supreme Court on Installation of CCTV Cameras in Police Stations: In the present case of Paramvir Singh Saini v. Baljit Singh & Others, SLP (Criminal) No. 3543/2020, vide Judgment dated 02.12.2020, it was directed that State Level Oversight Committees and District Level Oversight Committees should be setup to look after the installation of CCTV Cameras in the Police Cameras, its budgetary allocation, continuous monitoring, inspection, grievance redressal and review CCTV footage to check for any human rights violation that may have occurred but not reported. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/m... Please subscribe and follow us on YouTube, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. Asena)[NCS Release] Music provided by NoCopyrightSounds Free Download/Stream: http://ncs.io/Howling Stay tuned for more updates. Thanks for watching! by Legal Talks by Desikanoon

8 min listen

Brief Analysis of Disaster Management Act, 2005 of India: This episode is the first episode of the Show providing a brief description about the Show, details of the hosts and in the later part, a brief analysis of the Disaster Management, 2005, of India has been done in light of the fact that the same has been invoked recently in India due to the ongoing COVID-19 Pandemic. by Legal Talks by Desikanoon

39 min listen

Will a vote by an MLA be counted in Rajya Sabha Elections if he is disqualified hours after he has casted his vote?: This is a case discussion on a latest judicial pronouncement by the Supreme Court of India in the case of Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu & Another and answered the following question: - "Whether the vote cast by a Member of the Legislative Assembly in an election to the Rajya Sabha, in the forenoon (9:15 AM) on the date of election, would become invalid, consequent upon his disqualification, arising out of a conviction and sentence imposed by a Criminal Court, in the afternoon (2:30 PM) on the very same day?" The entire case notes relating to this case can be accessed at http://www.desikanoon.co.in/2020/12/supreme-court-election-law-sonthalia-sahu-rajya-sabha-mla-.html by Legal Talks by Desikanoon

14 min listen

What do the Courts say in relation to Theft occurring on the Trains/Railways?: In the present episode, we shall endeavour to understand the relevant legal provisions and judicial pronouncements in this respect. by Legal Talks by Desikanoon

13 min listen

Supreme Court of India on the Probation of Offenders Act: Today we will discuss another latest judicial pronouncement by the Hon’ble Supreme Court of India, Lakhvir Singh Etc. v. State of Punjab & Another, 2021 SCC OnLineSC 25, wherein the Probation of Offenders Act, 1958 (in short, “Act of 1958”) was discussed. The issued raised here was also discussed incidentally in an earlier post written by me. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/supreme-court-minimum-sentence-probation-of-offenders-act-1958.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

8 min listen

What are the possible steps that could be taken in case a theft occurs on a Train/Railways in India?: In this show, we will try to understand the the possible steps that could be taken in case a theft occurs on a Train/Railways. by Legal Talks by Desikanoon

6 min listen

Supreme Court on Senior Citizens Act, Domestic Violence Act and their Interpretation: In the present show, we shall discuss a latest judicial pronouncement by the Hon’ble Supreme Court of India, S. Vanitha v. Deputy Commissioner, Bengaluru Urban District and Others, 2020 SCC OnLine SC 1023, wherein the scheme of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short, “Senior Citizens Act”) and how the same has to be construed qua other enactments, was discussed by the Court. by Legal Talks by Desikanoon

15 min listen

Condition to Pre-Deposit Money to Prefer an Appeal and its Validity: Today we will discuss the case of Kotak Mahindra Bank Pvt. Limited v. Ambuj A. Kasliwal and Others, 2021 SCC OnLine SC 95, wherein a question arose with regard to the correctness of an Order passed by the Debt Recovery Appellate Tribunal (DRAT) as well as the High Court, in a matter relating to pre-deposit of debt due, in an appeal before the DRAT. In the present case, the DRAT had ordered deposit of fifty per cent of the amount. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/recovery-debt-appeal-sarfaesi-securitization-bankruptcy-supremecourt-section-18-21-19.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

8 min listen

Supreme Court on the Management of Covid-19 Pandemic in India: Recently, the Hon’ble Supreme Court of India passed an Order on 18.12.2020 in the case of In Re: The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the Hospitals etc., Suo Motu Writ Petition (Civil) No. 7/2020, wherein the Court took cognizance of the situation across the country in relation to management of the Covid-19 pandemic with respect to Fire Safety and other issues. by Legal Talks by Desikanoon

12 min listen

Supreme Court of India on Homeopathy and its relevance in Covid-19: To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/homeopathy-covid-19-medicine-system-government-ayush-ministry-quack.html Please subscribe and follow us on YouTube, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. Asena)[NCS Release] Music provided by NoCopyrightSounds Free Download/Stream: http://ncs.io/Howling Stay tuned for more updates. Thanks for watching! by Legal Talks by Desikanoon

7 min listen

What is the meaning of Dying Declaration and how reliable is it considered by the Courts?: This video talks about the meaning of dying declarations and the test of reliability in relation to dying declarations propounded by the Courts of India. It also discusses the Rule of Caution connected with the issue. In short, a Dying Declaration is a statement by a person who believes that death is imminent or is relating to the cause or circumstances of the person’s impending death. Such a statement is admissible in evidence as an exception to the hearsay rule. To read more about this and access the entire show notes, please visit http://www.desikanoon.co.in/2020/12/meaning-dying-declaration-supreme-court-rule-of-caution-credibility-evidence-.html Please subscribe and follow us on YouTube, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. Asena)[NCS Release] Music provided by NoCopyrightSounds Free Download/Stream: http://ncs.io/Howling St by Legal Talks by Desikanoon

17 min listen

Supreme Court of India on Arbitrability of Fraud: In the case of N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. and Others, 2021 SCC OnLine SC 13, the Supreme Court dealt with the following question: - Whether an arbitration agreement would be non-existent in law, invalid or un-enforceable, if the underlying contract was not stamped as per the relevant Stamp Act; and, whether allegations of fraudulent invocation of the bank guarantee furnished under the substantive contract, would be an arbitrable dispute. Thus, there are following sub-issues involved in this case: - What is the validity of an unstamped Arbitration Agreement? Whether allegation of a fraud is an arbitrable dispute? What is the maintainability of Writ Petition under Articles 226 and 227 of Constitution of India to challenge an Order rejecting an application for reference to arbitration under Section 8 of the Arbitration Act? Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, by Legal Talks by Desikanoon

13 min listen

Supreme Court on Computation of Limitation Period during Covid-19 Pandemic: Today we will discuss the case of In Re: Cognizance for Extension of Limitation, Suo Motu Writ Petition (Civil) No. 3/2020, wherein the issue relating to period of limitation prescribed under various laws was considered in light of onset of Covid-19 pandemic. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/03/supreme-court-period-computation-limitation-negotiable-instruments-arbitration-extension-suspended-india-disaster-management-act.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

4 min listen

Supreme Court of India Stays the Implementation of Three Farm Laws: Recently, the matter of Rakesh Vaishnav and Others v. Union of India and Others came up before the Hon’ble Supreme Court and vide Order dated 12.01.2021, reported as 2021 SCC OnLine SC 15, the Hon’ble Court made some very pertinent observations in relation to the farmers’ agitation and the three farm laws recently passed by the Parliament of India. The petitions before the Hon’ble Supreme Court revolved around the validity of three farm laws, namely, (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/s... Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. As by Legal Talks by Desikanoon

8 min listen

Supreme Court on pasting posters on the houses of Covid-19 patients in India: Today, we shall discuss another interesting judicial pronouncement, Kush Kalra v. Union of India & Others, Writ Petition (Civil) No. 1213/2020, by the Supreme Court of India, wherein vide Judgment dated 09.12.2020, the Hon’ble Court looked into an important question relating to pasting of posters against the houses of Covid-19 patients. by Legal Talks by Desikanoon

8 min listen

Refund of Court Fees - Latest Case Law: Today we will discuss another latest judicial pronouncement by the Hon’ble Supreme Court of India in the case of High Court of Judicature at Madras Rep. by its Registrar General v. M.C. Subramaniam and Others, 2021 SCC OnLine SC 109, wherein a question relating to refund of Court Fees on account of settlement between the litigating parties came up before the Court. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/section-89-code-civil-procedure-cpc-settlement-tamil-nadu-69a-refund-court-fees.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

9 min listen

Supreme Court on Protection of Children during Covid-19: Today we will discuss another judicial pronouncement by the Honorable Supreme Court of India in relation to Covid-19 Pandemic. The name of the case is In Re Contagion of Covid-19 Virus in Children Protection Homes. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/Juvenile-Justice-Child-Protection-Commission-Covid-19-Supreme-Court-Virus-Guidelines-Shelter-Homes-2021-Welfare.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

4 min listen

Remarks by Madras High Court on Election Commission and Free Press – Views of Supreme Court: Today we will discuss another judicial pronouncement by the Hon’ble Supreme Court of India, namely, Chief Election Commissioner v. MR Vijayabhaskar & Others, 2021 SCC OnLine SC 364, wherein vide Judgment dated 06.05.2021, the Court discussed the freedom of media to report oral hearings of the Courts and the authority of a judge to conduct judicial proceedings. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/Justice-Chandrachud-Media-Open-Courts-Judicial-Restraint-Democracy-Madras-High-Court-Remarks.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

10 min listen

Is Filing of Second FIR based on the same Cause of Action Permissible in India?: Today we will discuss the maintainability of a second FIR/Complaint with respect to the same cause of action that was present in the FIR. Whether based on same offence, same persons and same incident, is a Second FIR permissible? Though the term FIR (First Information Report) has not been defined anywhere, yet many judicial pronouncements explain this concept that has been enshrined under Sections 154 and 155 of the Code of Criminal Procedure, 1973. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/second-subsequent-successive-fir-permissible-lalita-kumari-154-155-code-crpc-criminal.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Song: Cartoon - Howling (Ft. Asena)[NCS Release] Music provided by NoCopyrightSounds Free Download/Stream: http://ncs.io/Howling Stay tuned for more updates. Thank by Legal Talks by Desikanoon

11 min listen

Supreme Court of India on Consensual Affairs and Kidnapping: Today we will discuss the case of Anversinh alias Kiransinh Fatesinh Zala v. State of Gujarat, 2021 SCC OnLine SC 19, wherein the victim/prosecutrix who was a sixteen (16) year old girl did not return to her home on 14.05.1998. The father of the Prosecutrix made efforts to trace her but no avail leading to lodging of Police Complaint on 16.05.1998 whereafter the Police located the Prosecutrix and the Accused (18-19 years old) from a Farmhouse. Charges under Section 363 (Punishment for Kidnapping), 366 (Kidnapping, abducting or inducing woman to compel her marriage, etc.) and 376 (Punishment for Rape) of the Indian Penal Code, 1860 (in short, “IPC”) were framed against the Accused/Appellant. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/supreme-court-consensual-affair-kidnapping-rape-abduction-anversinh-zala-gujarat.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitt by Legal Talks by Desikanoon

10 min listen

Time Limit for Arbitral Award and Appointment of Arbitrator in India: Today we will discuss another recent judicial pronouncement by the Hon’ble Supreme Court, Haryana Space Application Centre (HARSAC) & Another v. M/s Pan India Consultants Pvt. Ltd., Civil Appeal No. 131/2021. In the present case, even though a period of over 4 years had elapsed since the constitution of the Arbitral Tribunal on 14.09.2016, the Award had not been pronounced. The said Arbitral Tribunal had on two occasions i.e., 03.08.2018 in its 28th sitting, and thereafter in the letter dated 08.02.2019 addressed by the arbitrators, recorded that the Tribunal was ready to pronounce the Award forthwith. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/appointment-arbitrator-arbitration-1996-act-section-12-29a-haryana-space.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay by Legal Talks by Desikanoon

5 min listen

Supreme Court on Law of Contract and Acceptance of a Conditional Offer: In the case that we are going to discuss today, M/s Padia Timber Company (P) Ltd. v. The Board of Trustees of Vishakhapatnam Port through its Secretary, Civil Appeal No. 7469/2008, the Hon’ble Supreme Court of India answered the following question: - Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor? by Legal Talks by Desikanoon

11 min listen

Reforms in Criminal Trials - Part II: In the last post, we perused the “Draft Rules of Criminal Practice, 2020.” In the present post, we shall further discuss the case of To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. State of Andhra Pradesh and Others, 2021 SCC OnLine SC 329, wherein apart from “Draft Rules of Criminal Practice, 2020,” the Court also discussed various other points. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/05/supreme-court-draft-criminal-rules-2020-2021-reforms-criminal-trial-ii.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

8 min listen

Freezing of Bank Accounts under Prevention of Money Laundering Act: Today we will discuss the latest judicial pronouncement of OPTO Circuit India Ltd. v. Axis Bank & Ors., Criminal Appeal No. 102/2021, wherein the Court discussed the scope and the power of freezing bank accounts by the authorities under the Prevention of Money Laundering Act, 2002 (in short, “PMLA”). To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/prevention-money-laundering-act-2002-pmla-section-17-freezing-bank-account-opto-circuit-102-crpc-supreme-court.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

8 min listen

Supreme Court on Transfer of Criminal Cases: Today we will discuss another judicial pronouncement by the Hon’ble Supreme Court of India in the case of Rajkumar Sabu v. Sabu Trade Private Limited, 2021 SCC OnLine SC 378, wherein vide Order dated 07.05.2021, Section 406 of the Code of Criminal Procedure, 1973 (in short, “CrPC”) that talks about power of the Supreme Court to transfer of criminal cases, was discussed. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/sabu-trade-406-crpc-criminal-procedure-code-406-supreme-court.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

12 min listen

Supreme Court on Environmental Protection of Great Indian Bustard and Lesser Florican: Today we will discuss the case of M.K. Ranjitsinh and Others versus Union of India and Others, 2021 SCC OnLine SC 326, wherein a Public Interest Litigation was filed seeking to protect two species of birds namely the Great Indian Bustard (GIB) and the Lesser Florican, which are on the verge of extinction. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/supreme-court-on-environmental_18.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

7 min listen

Permissible Style of Writing Names for an Advocate in India: Today we will discuss a small yet an interesting judgment by the Hon’ble Supreme Court of India in the case of “Advocate on Record Includes a Proprietary Firm etc.” In this case, the moot question was: - “Whether an Advocate on Record can have entry in Advocate On Record register in the form of his style of carrying on profession i.e. instead of “Siddharth Murarka” as “Law Chambers of Siddharth Murarka”?” To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/01/advocate-on-record-siddharth-muraka-supreme-court-permissible-style-name-writing-chambers-law-office.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

6 min listen

What is Framing of Charges under CrPC?: On today’s show, we will discuss the case of State of Rajasthan v. Ashok Kumar Kashyap, 2021 SCC OnLine SC 314, wherein the Hon’ble Supreme Court discussed the law relating to framing of charges under the Code of Criminal Procedure, 1973. by Legal Talks by Desikanoon

5 min listen

Supreme Court on Anticipatory Bails: Today we will discuss the case of Nathu Singh v. State of Uttar Pradesh, 2021 SCC OnLine SC 402, wherein the scope of Section 438 of the Code of Criminal Procedure (in short, “CrPC”) that provides for grant of Anticipatory Bail was discussed. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/06/supreme-court-anticipatory-bail-section-438-crpc-code-criminal-procedure-nathu-interim-protection-arrest.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

11 min listen

Modification in a Consent Decree by the Court: Today we will discuss the latest judicial pronouncement of Compack Enterprises India (P) Ltd. V. Beant Singh, SLP (Civil) No. 2224-2225/2021. The instant case involves a Civil Suit in which the High Court had passed a Consent Decree directing the Petitioner to pay the Respondent certain sums of money till date the Petitioner hands over the actual possession of the suit-property to the Respondent. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/02/modification-consent-decree-compromise-agreement-order-xxiii-23-rule-3-3a-compack.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening! by Legal Talks by Desikanoon

8 min listen

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What is 'Act of God' or 'Vis Major' in Legal Parlance?

What is 'Act of God' or 'Vis Major' in Legal Parlance?

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