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 ,.,.

Shall you stand to loose a Police Job for not able to attend a Physical Test because of ill health ? The Answer to this ...
09/04/2026

Shall you stand to loose a Police Job for not able to attend a Physical Test because of ill health ?

The Answer to this should, ideally, be NO. But, unfortunately, the answer to this is YES.

Illness, however small it may be, it effects the efficiency. Physical Test for obtaining the Police Employment is a stage, where a candidate has to give his 100% performance inasmuch as it is a competitive test. If a candidate is sick, of whatsoever nature, he will not be able to give his 100%. In other words, level playing field between the healthy and sick candidate are different.

However, Hon’ble Supreme Court of India in the matter of Commissioner of Delhi Police Vs Uttam Kumar, has rejected the candidature on the ground that the sickness of the candidate was not of such a nature that he could not attend the Physical Test. It seems that more Compassion is required in the Judicial system.

The link to the Hon’ble Supreme Court of India’s Judgment is given below. In case of any query, feel free to whatsapp on 9811702850.

https://drive.google.com/file/d/15bYvaDeS8t2OxbQF_g46xlZAT25zcvBM/view?usp=drive_link























Do you want to delay a court proceedings ? Follow the technique legally approved by Hon’ble High Court of Delhi and enjo...
04/04/2026

Do you want to delay a court proceedings ? Follow the technique legally approved by Hon’ble High Court of Delhi and enjoy its fruits.

It is a matter of great concern, not only for litigant, but also for lawyers and Judges, the time which litigation in this country takes to decide. An important change in the procedural law was made which has limited the time for filing of the written statement by 30 days, of course, extendable in certain cases , but generally not beyond 90 days.

Hon’ble High Court of Delhi in the matter of IDBI Trusteeship Services Ltd Vs Manish Jain have held at till the issue of maintainability ( Application under order 7 rule 11 CPC ) is decided, The period for filing the written statement will not start. Provided the said application is filed within the statutory period of filing of written statement.

In other words, the best shortcut to delay a suit is to file an application under Order 7 Rule 11 CPC, And prolong the decision of the said application as far as possible. Even if this said application is decided in favor of the defendant, the defendant will get fresh period for filing the written statement. The whole purpose of having the legislative enactment of filing the written statement within the period of 30 days, or such extended time, as may be permitted, is lost. The litigation is back to an era wherein it takes months and years for the defendant to file written statement, thereby delaying the adjudication of suit.

The link to the Hon’ble High Court of Delhi’s is given below. In case of any query, feel free to whatsapp on 9811702850.

https://drive.google.com/file/d/1Dyw38bV7kfDlSMQ92t5rJY4_dfs11VA7/view?usp=sharing





Blacklisting of contractors / threat of the government officials to blacklist the contractors is on constant rise. It ha...
03/04/2026

Blacklisting of contractors / threat of the government officials to blacklist the contractors is on constant rise. It has long reaching consequences, including, termination of all the other contracts with the government department and also forfeiture of security money of all the contracts. In other words, it amounts to civil / Commercial death for the contractor.

Hon’ble Supreme Court of India has held that termination of contract and blacklisting of contractor are two different sides of the coin. Separate Show Cause notice and proceedings to blacklist the contractor, after giving him an proper opportunity of being heard, is an essential requirement before blacklisting. It further held that in case of blacklisting contractor can directly approach High Court in Writ jurisdiction.

The link to the Supreme Court judgement is given below. In case of any query, feel free to whatsapp on 9811702850.

https://drive.google.com/file/d/1l0buKyOdfr_fZdpLkvrc5r9yiPr3Oems/view?usp=drive_link

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.









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