Author: Advocatetanmoy

Advocate, adviser and educator
News

Somnath Chatterjee is no more

 

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.

Continue reading “Somnath Chatterjee is no more”

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Abuse of a provision

Mere possibility of abuse of a provision of law does not per se invalidate a Legislation.

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.”

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ADVOCATE

Indian Advocate shall not personally engage in any business or employment

Under Bar Council of India Rule

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”

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Probate Grant Of

When the right of an executor or a legatee under a Will can be established

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”

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CIVIL

Is there a difference in civil and criminal law on the concept of negligence?

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?”

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Criminal

The concept of double jeopardy

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”

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