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Articles by Swami Sadashiva Brahmendra Sar

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Family law self help center

  Swami Sadashiva Brahmendra Sar   15 May 2009 at 20:02

On the lines of alaska court system, we can also establish family law self help centers. In Alaska the center helps in following manner: What is the Family Law Self-Help Center? The Family Law Self-Help Center is a statewi ..


Posted in Family Law |   2056 Views


Sentencing - Provocation, a relevant consideration

  Swami Sadashiva Brahmendra Sar   15 May 2009 at 20:02

in Tan Rui Leen Russell v Public Prosecutor[2009] SGHC 102 , decided on 27th april 2009, the singapore high court held that "Where an offence is committed as a result of a loss of self-control brought about by provocation, the culpability of t ..


Posted in Criminal Law |   1384 Views


Precedents- some guidelines

  Swami Sadashiva Brahmendra Sar   14 May 2009 at 08:25

Stare decisis is not a dogmatic rule allergic to logic and reason – it does not prohibit a fresh look in changed facts and circumstances - AIR 2006 SUPREME COURT 212 "State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat" -Bindin ..


Posted in Constitutional Law |   1270 Views


'Post' and 'vacancy'

  Swami Sadashiva Brahmendra Sar   14 May 2009 at 08:24

The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which ..


Posted in Labour & Service Law |   2681 Views


s. 138,N.I.Act - when drower says cheque was lost

  Swami Sadashiva Brahmendra Sar   13 May 2009 at 13:54

Whether return of a cheque by the bank on the ground that it was reported lost by the drawer would attract the penal provisions contained in Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act")? In Raj Kumar Khurana v. ..


Posted in Criminal Law |   4025 Views


Age in view of amendments in JJ Act

  Swami Sadashiva Brahmendra Sar   10 May 2009 at 16:38

in Hari Ram vs State of Rajasthan and Another the SUPREME COURT on 05 th May 2009 evaluated the Juvenile Justice (Care and Protection of Children) Act, 2000, ss.2(k), 2(l), 7A, 15, 20, 49 and 64 (Provisions as stood amende ..


Posted in Criminal Law |   2944 Views


Right to water

  Swami Sadashiva Brahmendra Sar   06 May 2009 at 09:08

on 28th April 2009 a bench of the supreme court speaking through M Katzu,J. directed the central govt. to form a committee to solve the water crisis in the country. the court observed that :"Despite having immense reservoirs of water in the form ..


Posted in Constitutional Law |   1349 Views


Dissolution of unregistered firm

  Swami Sadashiva Brahmendra Sar   23 March 2009 at 09:49

0n 20/02/2009 the apex court has held that a suit for dissolution of can be filed by a partener of unregistered firm. the supreme court declared maharastra amendment made in 1984 in partenership Act is unconstitutional. Sub-section 2A which was intr ..


Posted in Corporate Law |   4195 Views


" Writ of mandamus - some guide lines"

  Swami Sadashiva Brahmendra Sar   12 March 2009 at 22:14

A writ of mandamus is issued against a person who has legal duty to perform but fails in doing so. it is issued in favour of a person who establishes a legal right to be enforced. some of the key points to be kept in mind while seeking a mandamus are ..


Posted in Constitutional Law |   1918 Views


Insurer not liable if DL expired

  Swami Sadashiva Brahmendra Sar   12 March 2009 at 22:14

Recently the supreme court has held that only in the event an application for renewal of licence is filed within a period 30 days from the date of expiry thereof, the same would be renewed automatically which means that even if an accident had take ..


Posted in Others |   925 Views