Date: 13.08.2018 :
Former Lok Sabha speaker Somnath Chatterjee [1929-2018] died this morning in Kolkata days after he was admitted to hospital with a kidney ailment. He was 89 years old. Mr Chatterjee, who was admitted to Belle Vue hospital on August 8, was put on ventilator support after he suffered a heart attack. His condition turned critical on Sunday morning. “He died at 8:15 am,” Belle Vue chief executive Pradip Tondon told news agency IANS.
Chatterjee, who was associated with the Communist Party of India (Marxist), served as Lok Sabha Speaker from 2004 to 2009 during the UPA-I rule. An advocate by profession, he actively joined politics in 1968. He became a Member of the Lok Sabha in 1971 and was elected for the first time as an independent candidate supported by the CPI(M).
In 2008, he was expelled from CPI (M) for not resigning as the Speaker after the party withdrew’s its support to the UPA alliance.
It is well settled that mere possibility of abuse of a provision of law does not per se invalidate a legislation. It must be presumed, unless contrary is proved, that administration and application of a particular law would be done “not with an evil eye and unequal hand” ((see : A. Thangal Kunju Musaliar vs. M. Venkatachalam Potti, Authorised Official and Income-Tax Officer and another) AIR 1956 SC 246). Continue reading “Mere possibility of abuse of a provision of law does not per se invalidate a Legislation.”
SECTION VII–RESTRICTION ON THEIR EMPLOYMENTS
47. An Advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that, in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession. Continue reading “Indian Advocate shall not personally engage in any business or employment”
Dress Code for Advocates
FORM OF DRESSES OR ROBES TO BE WORN BY ADVOCATES
(Rules under Section 49(1)(gg) of the Act)
Advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals or Authorities shall wear the following as part of their dress which shall be sober and dignified: – Continue reading “Dress Code for Indian Lawyers”
The said suit, wherein the validity of the sale deed executed in favour of the appellant by Avarani Bose is questioned, has been pending without a decision for more than a decade. The first respondent has not even chosen to appear in this appeal nor explained the delay in securing probate, thereby lending credence to the claim of the appellant that the first respondent is deliberately protracting the probate proceedings so that he can avoid a decision in this case and continue to be in possession of the ground floor. Continue reading “When the right of an executor or a legatee under a Will can be established”
It is clear that even in an action in torts, if the defendant gives no rebutting evidence but a reasonable, explanation, equally consistent with the presence as well as with the absence of negligence, the presumptions or inferences based on res ipsa loquitur can no longer be sustained. The burden of proving the affirmative, that the defendant was negligent and the accident occurred by his negligences, still remains with the plaintiff; and in such a situation it will be for the Court to determine at the time of judgment whether the proven or undisputed facts, as a whole, disclose negligences. Continue reading “Is there a difference in civil and criminal law on the concept of negligence?”
Even otherwise ordinarily a transferee pendent lite without leave of the court cannot be impleaded as a party Continue reading “Whether purchaser of a property belonging to the deceased testator should be impleaded in probate proceedings”
Under the indian succession act, 1925, chapter I of Part IX of the act provides for grant of Probate and/or Letters of Administration. A probate can be granted only to an executor appointed by the Will. Chapter III of the act provides for revocation or annulment for just cause. Illustration appended to Section 263 of the act reads as under : Continue reading “To whom a probate can be granted.”
Neither the Chief Justice nor his designate under Section 11(6) is a “court” as contemplated under the Act
AIR 2006 SC 3456 : (2006) 11 SCC 651 : JT 2006 (5) SC 203 : (2006) 4 SCALE 385 Continue reading “Whether Chief Justice or his designate under Section 11(6) of Arbitration and Conciliation Act is a “court””
This appeal raises an interesting legal conundrum involving the laws of the United States of America, hereinafter referred to as ‘the USA’, and the domestic laws as existing in India. At the heart of the controversy is the concept of double jeopardy within the meaning of Article 20(2) of the Constitution of India and Section 300(1) of the Code of Criminal Procedure, hereinafter referred to as ‘the Code’. Continue reading “The concept of double jeopardy”