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Articles by Swami Sadashiva Brahmendra Sar

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Transparency and accountability in a statute – (Energy secto

  Swami Sadashiva Brahmendra Sar   24 May 2009 at 18:25

The Parliament enacted Electricity Act, 2003. In exercise of its jurisdiction conferred by Section 178 of the said Act, the Central Electricity Regulatory Commission (for short, "CERC") made Central Electricity Regulatory Commission (Proced ..


Posted in Constitutional Law |   1152 Views


Art. 161 c.f. Art. 72 in cases of death sentence

  Swami Sadashiva Brahmendra Sar   24 May 2009 at 18:25

Some authorities on Indian Constitutional Law are of the view that in a case of death sentence, the Governor has no power of pardon but he can remit, suspend or commute the death sentence . Some other would say that the Governor has no power at all ..


Posted in Constitutional Law |   2587 Views


Different standard of evidence at different stages of trial

  Swami Sadashiva Brahmendra Sar   24 May 2009 at 18:24

For summoning an additional accused an order under Section 319 of the Criminal Procedure Code should not be passed only because the first informant or one of the witnesses seeks to implicate other person(s). Sufficient and cogent reasons are required ..


Posted in Criminal Law |   1291 Views


Applicability of limitation Act in Excise matters

  Swami Sadashiva Brahmendra Sar   24 May 2009 at 18:24

Whether Limitation Act is applicable to special Acts, when its application is not expressly excluded, is the subject matter of discussion in this article. By judgment delivered in Commissioner of Customs, Central Excise, Noida v. Punjab Fibres Ltd. ..


Posted in Civil Law |   3554 Views


Ad-hoc period

  Swami Sadashiva Brahmendra Sar   23 May 2009 at 12:43

In a bunch of appeals, in State of Rajasthan v. Jagdish Narain Chaturvedi (civil appeal no 3620/2009 ) decided on 08/05/2009, the apex court has held that “in order to become "a member of service" candidate must satisfy four condition ..


Posted in Labour & Service Law |   4060 Views


Protest petition - a practice, not statutory rule

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

There is no provision in the Code to file a protest petition by theinformant who lodged the first information report. But this has been thepractice. Absence of a provision in the Code relating to filing of a protestpetition has been considered. This ..


Posted in Criminal Law |   3614 Views


Final report and charge sheet

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

In Abhinandan Jha and Another v. Dinesh Mishra (AIR 1968 SC117), the Supreme Court while considering the provisions of Sections 156(3), 169,178 and 190 of the Code held that there is no power, expressly or impliedlyconferred, under the Code, on a Mag ..


Posted in Criminal Law |   3796 Views


Investigation by unauthorised officer

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:48

In Crl Appeal no 943/2003 State of MP v. Chunni lal decided on 15th April 2009 FIR was lodged under s. 376, IPC and s. 3, Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. since Post of Dy.SP was vacent ..


Posted in Criminal Law |   1458 Views


Transplantation of human organs

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:07

Transplantation of human organs is governed by Transplantation of Human Organs Act, 1994 (herein after referred as 'Act') read with Transplantation of Human Organs Rules, 1995 (herein after referred as 'Rules').The Act was promulgated to provide f ..


Posted in Constitutional Law |   2165 Views


Blood test in paternity dispute

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:07

In matters where paternity is disputed, the court must have regard to Section 112 of the Evidence Act. This section is based on the well known maxim pater est quem nuptioe demonstrant (he is the father whom the marriage indicates). The presumption of ..


Posted in Family Law |   2621 Views