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Articles by Swami Sadashiva Brahmendra Sar

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Conditional legislation and delegated legislation

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:06

In the case of conditional legislation, the legislation is complete in itself but its operation is made to depend on fulfillment of certain conditions and what is delegated to an outside authority, is the power to determine according to its own judgm ..


Posted in Constitutional Law |   37707 Views


Remand of accused on change of investigating agency

  Swami Sadashiva Brahmendra Sar   20 May 2009 at 15:13

Whether with the change of an investigating authority, police custody of the accused on remand can be sought for, although cognizance of theoffence had already been taken ? In Mithabhai pashabhai patel v. State of Gujrat (Crl. Appeal no 941 of 2009) ..


Posted in Criminal Law |   2254 Views


Fraud/cheating - simultanious civil and criminal case

  Swami Sadashiva Brahmendra Sar   19 May 2009 at 16:49

We are frequently consulted for quashment of criminal proceedings on the ground that a civil proceeding for same cause of action is already pending. This hapens often in matters relating to transfer of property and money transactions. the question a ..


Posted in Criminal Law |   6482 Views


304 B, IPC - cruelty soon before death

  Swami Sadashiva Brahmendra Sar   19 May 2009 at 09:46

Section 304B of the Penal Code has the following ingredients: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) Such death must have occur ..


Posted in Criminal Law |   5210 Views


MV Act- compentation for death of children

  Swami Sadashiva Brahmendra Sar   18 May 2009 at 10:10

''whether status of parents should be considered while awarding compensation on account of accidental death of minor children ?'' The supreme court in Civil Appeal no 3608/2009, R.K.Malik and Anr v. Kiran Pal and Ors., decided on 15/5/2009, had occas ..


Posted in Civil Law |   2005 Views


MV Act- Compensation amount on death of children

  Swami Sadashiva Brahmendra Sar   18 May 2009 at 10:10

On 15/05/2009 the supreme court in civil appeal no 3608/2009 had occasion to consider ''whether status of parents should be considered while awarding compensation on account of accidental death of minor children ?''In this case, children of claimants ..


Posted in Civil Law |   4161 Views


Supreme court's jurisdiction - general information

  Swami Sadashiva Brahmendra Sar   18 May 2009 at 10:10

JURISDICTION OF THE SUPREME COURT The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of Indi ..


Posted in Constitutional Law |   2852 Views


High Courts in India

  Swami Sadashiva Brahmendra Sar   18 May 2009 at 10:09

High Court in India, Powers under Indian Constitution, High Courts subordinate to Supreme Court in India, Appointment of Chief Justice of High Courts in India, Advocate Generals and Lok Adalats in India. ..


Posted in Constitutional Law |   1471 Views


A concubine,whether can be prosicuted for u/s 498-A, IPC ?

  Swami Sadashiva Brahmendra Sar   16 May 2009 at 20:21

The Supreme Court on 6 may,2009 held that a girlfriend is not relative, therefore she can't be prosecuted for dowry or cruelty u/s 498-A, IPCIn criminal Appeal no.938/2009,U Suvetha v. State, the supreme court had occasion to consider as to whether ..


Posted in Criminal Law |   2466 Views


Important points regarding s.138, NI Act

  Swami Sadashiva Brahmendra Sar   15 May 2009 at 20:02

To constitute an offence under s. 138 of NI Act, following ingredients must be fulfilled : cheque should have been issued to discharge any debt or liability cheque should have been presented within 6 months or its validity whichever is earlier the ..


Posted in Criminal Law  1 comments |   3268 Views