Inder Chand Jain

Inder Chand Jain

Member since: July 13, 2020
Total live articles: 51

Recent Articles by Inder Chand Jain

Can An Author Be Booked For Contempt For Disagreeing With A Judgment Of The H...

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The authors are always skeptical and sometimes scared in writing against a judgment, wherein they do not agree with the outcome/reasoning of a judgment of the Higher Judiciary- the High Court o...

Order/Judgment/Decree Obtained By Fraud Is A Nullity In The Eyes Of Law Liabl...

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Order/Judgment/Decree obtained by fraud is a nullity in the eyes of law liable to be set aside by any Court It is common knowledge that litigants often misrepresent before the Court in order t...

The Maxim Actus Curiae Neminem Gravabit: An act of the Court shall prejudice ...

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The Maxim "Actus Curiae Neminem Gravabit" means that nobody should be allowed to suffer for the fault of the court. This is an important Latin Maxim of Equity, which has wide applicat...

Do Proceedings u/s 138 NI Act stand vitiated as loan/ deposit made in cash in...

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It is common knowledge that there is a parallel finance market where cash funds are available for a fixed period at market rate of interest, which is invariably higher than the Bank Rates. The ...

Does Belated Out Of Court Settlement Between The Litigating Parties Amount To...

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It is common knowledge that the parties to a case, with the intervention of friends and well-wishers or based on legal advice, enter into a compromise with the aim to put an end to vexatious en...

Triple Test/ Three Pillars For Grant Of Temporary Injunction By Courts

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It is common knowledge that plaintiffs, appellants, and petitioners apply for temporary/injunction/stay in courts but the courts are generally loathed in granting injunction although the law in...

Doctrine Of Clean Hands Applicable Not Only To SC/HC But To All Subordinate J...

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It is common mistaken belief that Doctrine of Clean Hands is only applicable only to Writs under Article 226/227 of the Constitution in the High Court and Writs under Article 32 or SLP under Ar...

LA Act 1894: Can A Court Award Higher Compensation Than Claimed? Would Defici...

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It is common knowledge that the landowners, whose lands are compulsorily acquired under the Land Acquisition Act 1894, are generally poor & illiterate and out of sheer ignorance & poor ...

Motor Vehicles Act: Can Court Award Compensation Higher Than The Amount Claimed?

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Whenever there is loss of life or injury covered under the Motor Vehicles Act, 1988 and the Court makes an observation that it wishes to grant higher compensation to the claimant than the amoun...

Freebies, Hospitality, Cash/Monetary Grant To Doctors By Pharma Companies And...

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Recently there was news of the alleged scam of unethically prescribing Dolo-650, an analgesic & antipyretic tablet widely used in Covid-19, which is another example of doctors trapping the ...

Can A RWA Of A Colony Legally Restrict Public From Using The Parks Of The Col...

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It is common knowledge that Residents Welfare Associations of the colonies generally do not permit the public/outsiders/non residents to use the parks of the colonies. There are  signboards by...

Ground Reality Of The Right To Privacy In India Vis-A-Vis USA And UK

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There were recent report in Hindustan Times on August 26 titled 'Kobe widow awarded dollar 16 million for invasion of privacy by publishing crash photos'. The brief facts are that basketball st...

Right To Privacy Post Puttaswamy: Still Illusory

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The right to privacy is recognized as a basic human rights under Article 12 of the Universal Declaration of Human Rights Act, 1948, which reads thus: "No one shall be subjected to arbitrary i...

SC: Contempt of Court on furnishing false statement/false affidavit/ false un...

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It is commonly believed that disobedience of order of the Court tantamount to Contempt of Court. In common parlance, this is probably the only connotation of 'Contempt of Court'. Contempt o...

Should Media Report The Oral Observations Made By The Court During Hearing Wh...

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Should Media report the oral observations made by the Court during hearing which do not form a part of the written judgment? Legal connotation of oral observations The observations of the va...

Alternative Remedy Not An Absolute Bar To Admissibility Of Writ Petition

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It is a common notion that Writs under Article 226 of the Constitution are not maintainable where an Alternative Statutory Remedy is available. Most of the writs are denied hearing/relief at th...

Can High Court entertain Writ Petition against Issuance of Show Cause Notice?

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It is a common notion that Writ Petition under Article 226 of the Constitution is not maintainable against issuance of Show Cause Notice by any authority under any Law. The Courts are normally ...

Apex Court Not To Interfere Under Article 136 With The Findings Of The High C...

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Sometimes there are two plausible views possible on the conclusions that can be drawn from facts on the record and the High Court prefers to go by one of the views, for reasons appealing to it,...

VIP Movement Menace: Violative of Constitutional Rights

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It is common knowledge that there is VIP movement in almost all major cities, especially in capital cities. Whenever, the President, PM, Cabinet ministers, Governors, Chief Ministers, foreign d...

Rights And Legal Authority Of Karta Of HUF To Deal With HUF Property

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It is common knowledge that the Karta of an HUF often executes agreement/sale deed of an immovable property belonging to the HUF on the firm conviction that he is legally entitled to execute th...

Appellate Court Reversing Judgment Of A Trial Court To Have Due Application O...

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It cannot be disputed that the Appellate Court has jurisdiction/power to reverse, affirm or modify the findings and the judgment of the Trial Court but while reversing or modifying the judgment...

Is Review/Writ Under Article 226 Maintainable In The High Court After The Dis...

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Whenever a person is aggrieved by the order of the High Court, there is always an option to file a SLP under Article 136 of the Constitution in the Apex Court for due redressal. The success rat...

Is SLP Against Dismissal Of Review Petition Maintainable?

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When a litigant loses his appeal/revision in the High Court, there are two options available. He can either file a Special Leave Petition (SLP) before the Supreme Court to assail the judgement ...

Are Review Petitions & Curative Petitions before the Supreme Court Illusory, ...

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The Apex Court is Supreme but not infallible. It is likely that some error may creep in their judgment due to non-consideration of a statutory provision or a 'precedent' or misinterpretation of...

Reasonable time for filing of Writ Petition in the High Court from arising of...

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There is no time-frame provided under our Constitution within which a Writ Petition ought to be filed in the High Court from the arising of the cause of action. This becomes all the more import...

Suppression of Material Facts And Doctrine of Clean Hands

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It is often seen that petitioners file Writ Petitions in the High Court but do not come with clean hands and suppress material facts in their Petition. The Courts have univocally held that supp...

Contempt of Court for Wilful Disobedience of its orders

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Every Citizen of our country is bound by the orders of the Hon'ble Courts and no one, howsoever powerful, dare disobey the binding and final orders of the Court else he has to face the ire of t...

HC Rules: Society's Faith In Judiciary Should Not Be Shaken

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The Bombay High Court in the case of Archana Deepak Jatkar v. State of Maharashtra in Anticipatory Bail Application No. 591 of 2021 decided on March 3, 2021 expressed shock that ...

Criminal Court In Bail Proceedings Not To Act As A Recovery Agent To Realize ...

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It is common knowledge that in order to put undue pressure on the Respondents, the Plaintiffs often resort to Criminal Proceedings along with Civil Remedies. The Apex Court recently on 19-03-20...

Disrespect By Subordinate Judge Deprecated- HC Showing Benevolence Expunges A...

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Katyayana defined the virtues of a good Judge as one who is not cruel, who is sweet-tempered, kind, clever and energetic but not greedy. A Judge should exhibit the proper judicial temperam...

SC Directs For Recall Of Retired HC Judges - A Welcome Step To Declog The Hig...

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The Judicial system of our country is plagued with insurmountable pendency in the subordinate judiciary with more than 3.5 crore cases pending. The High Courts are also clogged with more than 5...

Can Validity Of A Compromise Decree Which Has Been Acted Upon Be Rescinded/Ag...

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The Allahabad High Court recently in Writ - A No. 71464 of 2010 & 52191 of 2011 in the case of Km. Anshu Jain And Others Vs. Suresh Prakash Garg And Others decided the issue whether validit...

Cut, Copy And Paste Technology In Judgments Deprecated No Substitute For Subs...

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It is undisputed that Cut, Copy & Paste is a laudable method for reducing transcription errors in copying written arguments, citations and quotations in the judgments of the Courts. How...

Are the Banks responsible for loss of valuables in Bank Lockers due to Dacoit...

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It is common knowledge that all consumers have maximum faith in Banks when they park their hard earned money in the Bank Accounts/ Fixed Deposits or their jewellery, cash & valuables in Ban...

Women Not A Chattel- Courts Stringent At Sexual Harassment By The Powerful

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Cases of sexual harassment at workplace have become rampant in our Country. But when a lady IPS officer or a lady Judge complains of sexual abuse at the hands of Powerful 'Senior', it is not on...

Error In Judgment By Doctors Does Not Constitute Civil/ Criminal Negligence -...

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An issue of a paramount importance arose before the Madras High Court in Writ Petition No.2721 of 2017 in the case of Tamil Selvi Vs. The State of Tamil Nadu & others whether the State is l...

HC holds Animals to be protected under Article 21, 51A(g) And 51A(h)

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Humanity's true moral test, its fundamental test consists of its attitude towards those who are at its mercy: animals said humanist & writer Milan Kundera. Noted Physicist & thinker Alb...

Advocate To Be A Gentleman, Honest, Principled And Obedient To Safeguard The ...

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Advocates are a Noble profession and held in high esteem in the society. They are the harbingers of Law burdened with the responsibility of the enforcement of the Constitution. Their role in es...

Tenant cannot dictate And question the adequacy/requirement of space for the ...

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It is common knowledge that whenever a landlord moves in the Court for ejection of a tenant, on the ground of ' Personal Need', the tenant invariably takes a plea that the landlord already has ...

Courts deprecate practice of filing PIL for Publicity, Personal/Political/Mon...

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The citizens are becoming aware of their rights and whenever they feel that government policies and decisions are hampering the common good or there is gross abuse and violation of human rights...

If Cheque Of Wife Given In Discharge Of Husband's Liability Gets Dishonoured,...

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The Madras High Court in the case of M.Jaishankar Vs. M/s.Sree Gokulam Chits and Finance Corporation Private Limited[1], decided recently on 04 December 2020, has answered the question as to w...

SC to settle uniform age of marriage for men and women

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Every prudent citizen of our country is unable to understand the rationale behind the different permissible age of marriage of a boy and a girl under the prevalent law. When it is admission to ...

Mutation Entries alone do not confer Title in immovable properties

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People have a misconception that ownership of an agricultural land or an immovable property is witnessed by the relevant entry in the revenue or the municipal records. It is true that mutation ...

Dismissal of Employee without conducting Disciplinary Enquiry Sustainable: Ru...

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The Apex Court in the case of The State Of Uttarakhand vs Sureshwati in Civil Appeal no. 142 of 2021 decided recently on 20 January has categorically held that the dismissal of an emp...

Allahabad High Court imposes Exemplary Cost for wastage of precious time of t...

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Allahabad High Court imposes Exemplary Cost for wastage of precious time of the Court & Abuse of the Process of Law for frequently filing Writ Petitions agitating the same Cause of Action ...

SC: Officers responsible for Delay in filing to pay costs, recoverable from t...

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The Apex Court recently on January 22 in 2 SLPs (Civil) bearing Diary No. 25743/2020 in State of Uttar Pradesh & Ors. vs. Sabha Narain & Ors & SLP (CIVIL) Diary No. 11989/2020 in th...

Subordinate Judiciary Falters- High Court admonishes CJM for not following pr...

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The new Judges in the subordinate Judiciary often make mistakes which are detrimental to the fate of the litigants. Their error in procedure and findings make their orders unsustainable and res...

District Judge Does Not Have Power Of Superintendence Over Judicial Officers ...

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The District Judge of any District is the highest judicial officer of the district and scores of ADJs, Civil Judges and Judicial Magistrates work under him and are subordinate to him. He has va...

Apex Court suggests ways to contain Litigation- Rules in favour Mediation And...

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The Apex Court in a Landmark Judgment dated September 11, 2020 in National Co-operative Development Corporation versus Commissioner of Income Tax, Delhi-V has held the Government is the biggest...

Who is responsible for clogging of Courts? Suggestions for Speedy unclogging

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India ranks second in the most populated countries of the world but as far as the number of litigations and litigants are concerned, we are undoubtedly the World Leaders. It is indeed a cause o...

Sale Deed not Void for non payment of part of Sale Consideration

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The Apex Court in the case of†Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs†decided on July 9,2020 has†categorically held that non-payment of a part of sale consideration does not...

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Popular Articles by Inder Chand Jain

Suppression of Material Facts And Doctri...

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It is often seen that petitioners file Writ Petitions in the High Court but do not come with cl...

Reasonable time for filing of Writ Petit...

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There is no time-frame provided under our Constitution within which a Writ Petition ought to be...

Sale Deed not Void for non payment of pa...

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The Apex Court in the case of†Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs†decid...

Rights And Legal Authority Of Karta Of H...

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It is common knowledge that the Karta of an HUF often executes agreement/sale deed of an immova...

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