Law for Common Man and its Pitfalls

Law for Common Man and its Pitfalls Articles on Latest Supreme Court & High Court Judgments on Consumer, Civil, Criminal, Corporate Law ,.,.

Persons with disability’s (specially abled persons as now called) Rights are now protected under The Rights of Persons ...
04/02/2025

Persons with disability’s (specially abled persons as now called) Rights are now protected under The Rights of Persons with Disabilities Act 2016, which in turn replaces The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Facts of the case

Bank officer’s (Mr. A.K.Nair) case was carried up to the Supreme Court. The said officer was a disabled person and was seeking promotion to the post of Assistant Manager. He secured 92 marks in the department's promotional examination whereas the marks required for promotion was 95. It was the contention of Mr Nair that the Government of India as per its circular gives 5 grace marks to SC/ST candidates and he is also entitled to the same number of grace marks, being a person with disability.

Hon’ble Supreme Court of India in the matter titled ‘Reserve Bank of India & Ors vs A.K. Nair & Ors (2023 10 S.C.R 775) came to the following conclusion:-

We did not hear any serious argument from Mr. Gupta or Ms. Divan, and rightly so, that persons with disabilities are not entitled to be judged by the same relaxed standards that are applied to assess candidature of SC/ST candidates.

Thus by the aforesaid judgement, Hon’ble Supreme Court of India has concluded that the persons with disability will be entitled to the same benefits and will be judged by the same standards which are applicable to SC / ST candidates.

The Link of the Judgment ishttps://digiscr.sci.gov.in/admin/judgement_file/judgement_pdf/2023/volume%2010/Part%20I/2023_10_775-823_1702979816.pdf

In an interesting judgement of H. Anjanappa Vs. A. Prabhahakar SLP(Civil) No.5785-86/2023, Hon’ble Supreme Court concept...
03/02/2025

In an interesting judgement of H. Anjanappa Vs. A. Prabhahakar SLP(Civil) No.5785-86/2023, Hon’ble Supreme Court conceptualized the law relating to buyers of immovable property.

Hon’ble Supreme Court has held as under :-

1. Subsequent buyer of an immovable property have no inherent right to become a party in a pending litigation.

2. If the Buyer of an immovable property, does not request to Court to be joined as a party in pending litigation relating to the property he has purchased, he does so at his risk and peril.

3. Even if he (Subsequent buyer) is not made a party to the pending litigation, he (Subsequent buyer) will be bound by the outcome of the pending litigation.
You can read, download the judgement of Hon’ble Supreme Court of India from the following link:
https://api.sci.gov.in/supremecourt/2023/1889/1889_2023_14_1501_58808_Judgement_29-Jan-2025.pdf

Hon’ble Supreme Court, it seems, fails to take into consideration that the basic Principle of Law requires that nobody should be unheard. Whereas in the above judgment, Subsequent buyer’s Right is being decided , though he is not conferred a Right of Being heard. This Judgment, it seems, does not lay down the correct proposition of law.

In case of any clarification, I can be reached at Whattsup No.9811702850.

TERRITORIAL JURISDICTION At times, when the issue of territorial Jurisdiction is raised, Courts often leave it to be dec...
02/05/2024

TERRITORIAL JURISDICTION

At times, when the issue of territorial Jurisdiction is raised, Courts often leave it to be decided at the time of Final Arguments.
Hon'ble Supreme Court has now, held that the issue of territorial Jurisdiction is to be decided first, so that the litigation is not prolonged.

You can read / download this Supreme Court judgment from the following link
https://lnkd.in/gNezKSpU
In case of any clarification, i can be reached on whatsapp No. 9811702850

CHEQUE BOUNCING - UPDATESupreme Court in the recent Judgment held that -- If the Complainant fails to prove the underlyi...
27/04/2024

CHEQUE BOUNCING - UPDATE

Supreme Court in the recent Judgment held that -- If the Complainant fails to prove the underlying transaction for which the cheque in question was issued. No case under Section 138 Negotiable Instruments Act is maintainable.

You can read / download this Supreme Court judgment from the following link
https://lnkd.in/gCrnsJVN

In case of any clarification, i can be reached on whatsapp No. 9811702850

TUTORED PROSECUTION WITNESSCross Examination of Witness plays a very crucial role in Litigation, Both Civil and Criminal...
26/04/2024

TUTORED PROSECUTION WITNESS
Cross Examination of Witness plays a very crucial role in Litigation, Both Civil and Criminal.

In Criminal Cases, sometimes , prosecution witness are tutored by the prosecution (Police Officials) so that the case may end up in conviction. Such Tutoring, in any case, is an unacceptable position, as it amounts to interference in the pure stream of Justice.

Hon'ble Supreme Court has held that if the witness is called at the police station and explained how (and / or what) to lead evidence, then it amounts to tutoring and is sufficient for setting aside even the conviction degree.

While cross examining PW's please incorporate this in your list of questions.

You can read / download this Supreme Court judgment from the following link
https://lnkd.in/g2gSQjM3

In case of any clarification, i can be reached on whatsapp No. 9811702850

Matrimonial Disputes have increased in India by leaps and bounds. False and Frivolous Allegations in Matrimonial Dispute...
23/04/2024

Matrimonial Disputes have increased in India by leaps and bounds. False and Frivolous Allegations in Matrimonial Disputes are order of the day.
There are certain allegations / Disputes which requires Medical Tests for their determination like impotency, Unsoundness of mind , schizophrenia etc.
Generally, Other side resists Medical Test on the ground of "Violation of Right of Privacy" as guaranteed under Article 21 of the Constitution of India.
Hon'ble Supreme Court finally decided the issue by concluding that in certain cases Medical Test does not violate "Right of Privacy" as guaranteed under Article 21 of the Constitution of India .

You can read the judgment from the following link
https://indiankanoon.org/doc/149969440/











Easementary Rights is an important branch in Law. While filing the case for Easementary Rights you should plead the poss...
22/04/2024

Easementary Rights is an important branch in Law. While filing the case for Easementary Rights you should plead the possession from the specific date and also lead evidence to this effect, otherwise the case will be dismissed.

You can read Supreme Court Judgment in which it so held, in the following link
https://lnkd.in/gbgxjrEn
In case of any clarification you may contact me on Whatsapp No. 9811702850.









You can read Supreme Court Judgment in which it so held, in the following linkhttps://webapi.sci.gov.in/supremecourt/200...
20/04/2024

You can read Supreme Court Judgment in which it so held, in the following link
https://webapi.sci.gov.in/supremecourt/2009/33248/33248_2009_15_1501_52183_Judgement_10-Apr-2024.pdf
In case of any clarification you may contact me on Whatsapp No. 9811702850.

You can read Supreme Court Judgment in which it so held, in the following linkhttps://webapi.sci.gov.in/supremecourt/201...
18/04/2024

You can read Supreme Court Judgment in which it so held, in the following link
https://webapi.sci.gov.in/supremecourt/2019/36009/36009_2019_16_1501_52117_Judgement_09-Apr-2024.pdf
In case of any clarification you may contact me on Whatsapp No. 9811702850.

You can read Supreme Court Judgment in which it so held, in the following link https://webapi.sci.gov.in/supremecourt/20...
17/04/2024

You can read Supreme Court Judgment in which it so held, in the following link

https://webapi.sci.gov.in/supremecourt/2023/27190/27190_2023_3_1502_52269_Judgement_10-Apr-2024.pdf

In case of any clarification you may contact me on Whatsapp No. 9811702850 . Pl do not call.

You can read Supreme Court Judgment in which it so held in the following link https://webapi.sci.gov.in/supremecourt/202...
16/04/2024

You can read Supreme Court Judgment in which it so held in the following link
https://webapi.sci.gov.in/supremecourt/2022/12978/12978_2022_3_1501_52269_Judgement_10-Apr-2024.pdf

In case of any clarification you may contact me on Whatsapp No. 9811702850 . Pl do not call.

You can read Supreme Court Judgment in which it was held in the following link https://webapi.sci.gov.in/supremecourt/20...
15/04/2024

You can read Supreme Court Judgment in which it was held in the following link
https://webapi.sci.gov.in/supremecourt/2010/3357/3357_2010_6_1501_52023_Judgement_05-Apr-2024.pdf

Or in the alternative you may contact me on Whatsapp No. 9811702850 for any clarification. Pl do not call.

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