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Articles by Swami Sadashiva Brahmendra Sar

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Pre-Trial Conferences in Singaore

  Swami Sadashiva Brahmendra Sar   26 September 2009 at 07:01

The Pre-Trial Conference is a pro-active case management process. PTCs reflect the court's approach to the administration of justice, which considers the interests of litigants, the administration of justice, and the communitarian need to ensure that ..


Posted in Civil Law |   2033 Views


Criminal Trial in Singapore- An Overview

  Swami Sadashiva Brahmendra Sar   26 September 2009 at 07:00

Generally, the offences which are tried by the High Court in its original jurisdiction are the more serious offences such as murder, culpable homicide not amounting to murder, drug trafficking, arms offences, kidnapping, rape and carnal inte ..


Posted in Criminal Law |   1252 Views


Validity of unrecognized Degrees/Certificates

  Swami Sadashiva Brahmendra Sar   26 September 2009 at 07:00

Dear friends,Months before, someone had posted a query about validity of certificates or degrees conferred by Hindi Sahitya Sammelan, Prayag (Allahabad). Today a friend made a call to me with a specific query about validity of Prathma and Madhyama c ..


Posted in Labour & Service Law |   16064 Views


Law, Power and Malice – a key in Durga Saptashatee

  Swami Sadashiva Brahmendra Sar   20 September 2009 at 23:03

Nowadays the people are in festive mood and worshipping the Goddess of Power. Most of worshipers who chant the verses of Durga Saptashatee, necessarily chant the Argala strotram. One of the prayers in this strotra stands for elimination of malice ..


Posted in Others |   991 Views


Norms for granting interim relief

  Swami Sadashiva Brahmendra Sar   15 September 2009 at 13:04

Hon’ble Dr. B.S. Chauhan, J. in a Special Leave Petition[1] that was filed against refusal of interim relief by the Bombay High Court has elaborately discussed the norms for granting an interim order by the courts, specially by writ courts. Ref ..


Posted in Civil Law |   4552 Views


Fixation of primary liability on insurer

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

A bench comprising of Hon’ble M Katju and Hon’ble AK Ganguli, JJ have has criticized the judicial trend of imposing the primary liability on the Insurance Co. to satisfy the award amount in motor accident claims with a liberty to recover ..


Posted in Civil Law  1 comments |   2473 Views


Jurisdiction of Consumer Forum if there is statutory remedy

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

In CIVIL APPEAL NO. 7687 OF 2004 General Manager, Telecom v. M. Krishnan & Anr. Decided on 1st Sept, 2009, the supreme court while setting aside a Full Bench decision of Kerala High Court , has held jurisdiction of the con ..


Posted in Civil Law  1 comments |   2655 Views


Student not a consumer of Education Board

  Swami Sadashiva Brahmendra Sar   11 September 2009 at 17:31

In CIVIL APPEAL NO. 3911 of 2003 Bihar School Examination Board v. Suresh Prasad Sinha decided on 04/09/2009 the Supreme Court considered the question, whether a statutory School Examination Board comes within the purview of the Consumer P ..


Posted in Civil Law  1 comments |   4654 Views


94. Compromise in non compoundable cases

  Swami Sadashiva Brahmendra Sar   27 August 2009 at 16:01

When the offence is non compoundable under s 320 Cr.P.C., but the relations of victim and accused have now become cordial and the victim does not want the accused to be punished, a technical problem arises before the trial court/lower judiciary as su ..


Posted in Criminal Law  3 comments |   5797 Views


Rights of nominee vis-à-vis legal heirs

  Swami Sadashiva Brahmendra Sar   23 August 2009 at 23:20

In Smt. Sarbati Devi & Another v. Smt. Usha Devi (1984) 1 SCC 424, the Supreme Court held that a mere nomination does not have the effect of conferring to the nominee any beneficial interest in the amount payable under the life insurance policy, ..


Posted in Civil Law  5 comments |   9012 Views