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A Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices N.V. Ramana, Surya Kant and A.S. Bopanna passed a #Judgment dated 23-09-2021 in the case of Triyambak S. Hegde Vs. Sripad read more
A Three Judge Bench of the Hon’ble #SupremeCourt of India comprising of Justices N.V. Ramana, Surya Kant and A.S. Bopanna passed a #Judgment dated 23-09-2021 in the case of Triyambak S. Hegde Vs. Sripad Criminal Appeal Nos.849850 of 2011 and reiterated that when a person receives a #cheque from a person for discharge of debt or liability and the cheque is #dishonoured in terms of Section 138 of the #NegotiableInstruments Act, 1881 (Act), then the #presumption shall remain in favor of the holder of the cheque, unless the contrary is proved by the accused, under Section 139 of the Act.
Section 139 of the Act is reproduced below:
Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability.
In the present case, the Respondent, Mr. Sripad approached the Appellant, Mr. Triyambak S. Hegde and informed him that he was facing a financial crunch because of which he intends to sell the house situated in Sirsi town. The Appellant agreed to purchase the same for the negotiated total sale consideration of Rs. 4,00,000/. An Agreement dated 06-06-1996 was executed by the Parties and the Respondent received an advance amount of Rs. 3,50,000/. Thereafter, the Appellant made some queries and discovered that the house was registered in the name of the father of the Respondent and that the Respondent did not have the authority to sell the same. Subsequently, the Appellant demanded the return of advance payment of Rs. 3,50,000/. The Respondent did not pay the entire amount, but issued a Cheque dated 17-05-1998 for the sum of Rs. 1,50,000/ (Cheque). On 20-05-1998, the Appellant presented the Cheque in a Bank for realisation, but the same got dishonoured with the endorsement of ‘insufficient funds’.
A Notice was then issued by the Appellant to the Respondent, thereby, informing the latter about the Cheque being dishonoured and further demanded payment of the Cheque amount. The Respondent received the Notice, but did not respond to the same. Subsequently, on 14-07-1998, the Appellant filed a Complaint under Section 200 of the Code of Criminal Procedure (CrPC) in the Court of the Judicial Magistrate, First Class (JMFC) at Sirsi which was registered as Criminal Case No.790/2000. The Complaint filed by the Appellant sought to prosecute the Respondent under Section 138 of the Act. The JMFC passed a Judgment dated 09-06-2005 and convicted the Respondent for dishonour of Cheque under Section 138 of the Act and sentenced the Respondent to undergo simple imprisonment for six months and to pay fine of Rs. 2,00,000/.
However, as the Respondent committed default in payment of fine amount, he was ordered to undergo simple imprisonment for a further period of three months. Out of the total fine amount the Respondent was asked to pay Rs.1,95,000/ to the Appellant as compensation.
Aggrieved by the Order dated 09-06-2005, the Respondent filed an Appeal before the District and Sessions Judge, Uttara Kannada, Karwar in Criminal Appeal No.57/2005. On the other hand, the Appellant also filed a Criminal Appeal No. 65/2005 before the District and Sessions Judge seeking that the compensation of Rs. 1,95,000/ was insufficient, hence, the sentence imposed by JMFC should be enhanced. However, vide Judgments dated 22-04-2006, both the Appeals were dismissed.
Thereafter, the Respondent filed a Criminal Revision Petition No.1282/2006 and the Appellant filed the connected Revision Petition No.1481/2006 before the High Court of Karnataka (High Court). The Single Judge vide Order dated 01-12-2009 allowed the Revision Petition filed by the Respondent and set aside the conviction Order passed by the Learned JMFC.
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-upholds-conviction-of-accused-for-dishonour-of-cheque/
#supremecourt #cheque #dishonour
A Three Judge Bench of the Hon’ble #SupremeCourt of India in the case of M/s Magadh Sugar & Energy Ltd. vs. The State of Bihar & Ors. (Civil Appeal No. 5728/2021), vide its #Judgment dated 25-09-2021 read more
A Three Judge Bench of the Hon’ble #SupremeCourt of India in the case of M/s Magadh Sugar & Energy Ltd. vs. The State of Bihar & Ors. (Civil Appeal No. 5728/2021), vide its #Judgment dated 25-09-2021 held that #Writ Jurisdiction of a #HighCourt can be invoked on the ground that the #dispute between the parties is #factual in nature.
M/s Magadh Sugar & Energy Ltd. (Appellant) is a sugar mill Company in Bihar. It is engaged in the business of manufacture and sale of white crystal sugar. The waste of sugarcane produced in the process of manufacturing sugar is used for the production of electricity for its own consumption and the surplus energy is supplied to Bihar State Electricity Board (‘BSEB’).
The Bihar Electricity Duty, Act 1948 (Act) empowers the State Government (Respondent) vide Section 3(1) to levy electricity duty based on the units of energy consumed or sold, excluding the losses of energy in transmission and transformation, at the rates specified by the first Respondent, i.e. the State of Bihar.
In pursuance of its power under Section 3(1) of the Act, the Respondent issued a Notification dated 21.10.2002 which stipulated that the rate of duty applicable on the consumption or sale of electricity would be fixed at 6% of the value of energy consumed or sold for any purpose other than irrigation. The said 2002 Notification was amended by a subsequent Notification dated 04.03.2005, which provided that the rate of duty to be levied on consumption of electrical energy generated by captive power plants would be 6% of the value of energy, which shall be equivalent to the energy tariff as fixed by BSEB.
The Appellant challenged the Notifications dated 21.10.2002 and 04.03.2005 before the Patna High Court by filing a Writ Petition. The High Court by its Judgment dated 16.09.2009 struck down the Notifications and Section 3 (1) of the Act on the ground that there were no guidelines in the Act or the Notifications for construing the expression ‘value of energy’.
Aggrieved by the High Court Judgment, the Respondent-State filed a Special Leave Petition before the Supreme Court. While the matter was pending before the Apex Court, the Respondent amended the Act through the Bihar Finance Act 2012 with retrospective effect from 17.10.2002 for defining the term ‘value of energy’. The Appellant challenged the said Amendment by invoking the Writ Jurisdiction of the High Court.
To read more, please visit the link below:
#supremecourt #disputes #writ #highcourt
The #SupremeCourt has in a recent case of Rajendra Bajoria and Others vs Hemant Kumar Jalan and Others, Civil Appeal Nos. 5819-5822 of 2021 passed a #Judgment dated 21-09-2021 and decided upon the rights read more
The #SupremeCourt has in a recent case of Rajendra Bajoria and Others vs Hemant Kumar Jalan and Others, Civil Appeal Nos. 5819-5822 of 2021 passed a #Judgment dated 21-09-2021 and decided upon the rights of #legalheirs of the original #partners of a #partnershipfirm in respect of the #assets and #properties of the firm.
In this case, a partnership firm named ‘Soorajmull Nagarmull’ (Firm) was constituted by way of a Partnership Deed dated 06-12-1943. However, none of the Partners of the Firm are alive today (Deceased Partners). The Plaintiffs and the Defendants in this case are the legal heirs of the Deceased Partners of the Firm.
The Plaintiffs filed a Civil Suit bearing C.S. No. 79 of 2017 before the Calcutta High Court seeking (a) a decree for declaration that both the Plaintiffs and the Defendants are entitled to the assets and properties of the Firm (Assets) as they are the heirs of the Deceased Partners; (b) a decree for perpetual injunction to restrain the Defendants from representing as the authorised representative of the Firm and from receiving monies on behalf of the Firm; (c) dissolution of Firm; (d) full accounts of the Firm for the purpose of dissolution of the Firm, etc. It is the Plaintiff’s case that despite the demise of the Deceased Partners of the Firm, the Defendants are carrying on the business and representing the Firm to the exclusion of the Plaintiffs and that the Defendants are siphoning off funds of the Firm without paying the Plaintiffs their share of profits in the Firm.
Thereafter, the Defendants filed two Applications seeking dismissal of the Civil Suit. However, the Single Bench of the High Court dismissed the said Applications and allowed the Civil Suit, vide Order dated 22-09-2017.
Being aggrieved, the Defendants filed Appeals before the Division Bench of the High Court, which passed an Order dated 14-09-2018 and allowed the Appeals and rejected the Plaint filed in the above Civil Suit C.S. No. 79 of 2017.
Aggrieved, the Plaintiffs filed Appeals before the Supreme Court (Appellants-Plaintiffs), thereby, challenging the Order dated 14-09-2018 passed by the Division Bench of the High Court.
The Apex Court made the following observations in this case:
1) That as per Sections 39-44
of the Partnership Act 1932, a partnership firm may be dissolved by the
partner(s) of the firm either by mutual consent or upon expiry of the term of
the firm, etc or the firm may be dissolved by the court upon filing of a suit
by a partner.
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-decides-upon-rights-of-legal-heirs-of-deceased-partners-in-the-partnership-firm-properties/
#supremecourt #legalheirs #deceasedpartners #partnershipfirm
FILING OF COMPLAINTS AGAINST BIASED JUDGES - PROCEDURE Complaint in case of a judge cannot be about a poor judgment or order. For that, there is a facility of correction, analysis, or appeal read more
FILING OF COMPLAINTS AGAINST BIASED JUDGES - PROCEDURE
Complaint
in case of a judge cannot be about a poor judgment or order. For that,
there is a facility of correction, analysis, or appeal to the higher Judiciary.
So, in what circumstances can people complain against judges? Plausible bad or
irresponsible behaviour of judge include being impolite to other people or
having bad body language, actions or behaviour towards the other person
It
can be when a judge is making natural or inconsiderate behaviour in making
irrelevant or insensitive statements or comments which doesn’t go by rules of
what judge is expected to do in line with judicial duty. Here it
is vital to add that though India has taken over many provisions and procedural
laws from British, one won’t be able to find such clear and complete
information on any formal website within India.
Where
and to whom to contact for sending of complaint?
Our past
master of various courts has been making complaints as per jurisdiction below:
Ø Subordinate
Judiciary: Registrar General of the concerned High
Court, District administrative judge
Ø HC judges:
Chief Justice of the concerned High Court
Ø SC judges:
Chief Justice of India
Ø Chief
Justice of HC: Chief Justice of India
For
official and formal information: The citizen’s charter PDF file obtainable
from the Department of Justice webpage provides various contact
information for grievances. The person could contact them over phone/email
to find out directly how and where to file a complaint about a particular
jurisdiction/court http://doj.gov.in/citizen-charter
Vision: Easing management
of Justice that makes sure easy access and well-timed delivery of Justice to
all.
Mission: Making
sure adequacy of courts and judges, including servicing of appointment of
Judges to the higher judiciary, modernization of courts and procedures,
policies for judicial reforms and Legal aid to the poor for improved justice
delivery.
The Department
of Justice Guidelines has the vital information about grievances against Judiciary
which has been extracted and given below:
Ø Department
of Justice (DOJ) gets a large number of grievances from citizens through the online
CPGRAMS platform and on the email of the officers. DoJ gets issues from
Presidents Secretariat, Vice Presidents Secretariat, PMO, Department of
Administrative Reforms & Public Grievances/other Ministries/Departments
& also directly. While almost all the grievances are regarding Judiciary,
grievances in concern to other Ministries or Departments in the Central
Government and pertaining to the State Governments or the Union Territories are
also addressed to them. The grievances related to Judiciary are addressed by
the Department of Justice, and the grievances related to the other
Departments/Ministries/State Governments/UTs are forwarded to the offices
concerned. The guidelines mentioned below related to the disposal of grievances
in the Department of Justice are transmitted for information/guidance/benefit
of grievance owners.
Ø Grievances
regarding the Judiciary are redirected to the Secretary-General of the Supreme
Court of India or the Registrar General of the concerned High Court,
for further action, as appropriate.
Ø Any
Grievance regarding the verdicts of the Courts is not handled as
a grievance. This kind
of grievance holder is suggested to take the proper
legal remedy in the appropriate Court of Law as per rules. Grievances
regarding the verdicts of the Courts will be taken by the Department of
Justice. Grievances concerned with the procedure of the Court or cases mainly
judicial in nature can be handled through the Court of Law only. Such
grievances will be handled by the Department of Justice.
Ø Grievances
in concern with the Judges of SC are redirected to the Chief Justice of India,
and grievances concerned with Judges of the High Courts are forwarded to CJ of
the connected High Courts for appropriate action. (As the Judiciary is
self-sufficient,
Government does not ask for steps taken, nor
sends reminders to them. Grievance holders are suggested to get information
from the concerned Courts directly in this matter.
Ø Disposal
of the pending cases in courts is within the sector of the Judiciary, which is a
self-sufficient organ of the State under the Constitution of India. The Government
of India does not obstruct the working of the Judiciary/proceedings in courts
as pendency of a Court Case is a subjudice matter which is under consideration
of the Court.
Ø In a matter
of any grievance relating to delay in judgement or not a fair judgement or
miscarriage of Justice, the petitioner is suggested to go for judicial remedy
by making an appeal or any other events
before the appropriate Court of Law within the
allotted time limit.
Ø According
to the guidelines made by the SC of India regarding the grievances/complaints
against members of the Subordinate Judiciary, it is seen that this type of grievances
is to be sent along with a duly promised affidavit and validated material to prove
the claims made therein. Such grievances, along with a sworn affidavit, should be
sent directly to the Registrar General of the concerned High Court.
Ø Grievances
redirected by the Department of Justice are seen and examined by the Judiciary
as per their own system and the system or procedure to deal with grievances that
are generally not shared. In such acts, the Department of Justice is not in place
to inform the outcome to grievance holders.
Ø Grievance
owners are suggested to lodge their grievances on the Public Grievance Portal
cpgrams-darpg@nic.in only. As the Government has introduced the platform to get
grievances online, grievances received by the Department of Justice on the
email I. Ds of officers will not be accepted.
Ø So,
complaints can either be directly sent to the High Court if relevant or
to cpgrams-darpg@nic.in, and no complaints
should be sent to individual officers’ email ids.
The person
having grievance are suggested to send the grievances relating to the Supreme
Court, High Courts directly to them on the below-written mails in order to
dispose of their grievances in a fast manner:
High
Court name and email ID
Ø Supreme
Court of India supremecourt@nic.in
Ø High
Court of
Allahabad rg@allahabadhighcourt.in
Ø High
Court of
Tripura thc.vigilance@gmail.com
Ø High
Court of Guwahati regv.ghc@gmail.com
Ø High
Court of
Kerala
rsjhc.ker@nic.in
Ø High Court of Jharkhand admn.misc.jhcranchi@gmail.com
Ø High Court of Uttarakhand rg.ukhc@indiancourts.nic.in
Ø High Court of Meghalaya
rg.mglhc@indiancourts.nic.in
Ø High
Court of
Delhi
aojestablishment2.dhc@nic.in
Ø Bombay
High
Court
rgsid-bhc@nic.in
Ø Sikkim
High
Court cpc-sik@nic.in
Ø Punjab
& Haryana High Court reg.vig-phc@indianjudiciary.gov.in
Ø HP High
Court
arvindm@aij.gov.in
Ø High
Court of Chhattisgarh vv-hc.cg@gov.in
Ø Andhra
Pradesh High Court svsrmoorty@gmail.com
Ø Gujarat
High
Court rg-hc-guj@nic.in
Ø Rajasthan
High
Court
regadmn-rhc-rj@gov.in rajinder.tuteja@aij.gov.in
Ø Jammu & Kashmir High
Court myakhoon@gmail.com
Ø Karnataka
High
Court
grievance@hck.gov.in
Ø Patna
High
Court phcgrievance-bih@gov.in
Ø Madhya Pradesh
High Court usdey15@gmail.com
Ø Madras
High
Court regrvigil.tn@nic.in
Ø Manipur
High
Court
nd.grievance-hcm@gov.in
Ø Orissa
High Court:
rg.orihc@indiancourts.nic.in
Ø Calcutta
High
Court
cpc-cal@indianjudiciary.gov.in
Ø NALSA nalsa-dla@nic.in
Court
Precedent
In the year 1995 judgment in C Ravichandran Iyer case, the Court
had held that if members of the bar had any material about “misconduct” or “bad
conduct” of a judge, they should meet the high court chief justice concerned or the Chief Justice of
India to apprise them of the material against the judge. The apex court stated
that they should wait for a reasonable time period to permit the administrative
head of the High Court or the Supreme Court to take appropriate steps or
action.
In the S Ramaswami 1992 judgment by a five-judge SC bench, headed by
Justice J S Verma, it had said that the issue of whether
allegations against a sitting judge warranted an inquiry, was to be seen by
Parliament on permitting a motion for removal of the judge moved by the requisite
number of MPs. However, in the inquiry, the sitting judge should have full
right of defence.
In the case of Sahara Birla Paper, it was seen that the Supreme Court
had given a biased verdict in favour of the Government. An NGO had filed the
petition, consisting of the allegations against the Government. The Court had
set aside the petition and ended the complete issue by stating the lack of
evidence to make the offence in question. Instead of asking the petitioner to
avail the remedies, the Court adjudicated the matter by declaring the diary
entries inadmissible. In this case, Biasness can be seen through the actions of
the judge by ignoring the evidence, as he had declared the diary inadmissible
and had given the verdict without considering the evidence.
Conclusion
The
predisposition of a judge, a legal attorney, or anyone who is related to the
judicial matters, either against or in favour of one of the parties, is known
as judicially biased. A judicial decision is supposed to be free from all kinds
of biasness to be fair and just in its real sense. Judicial biasness can be
pointed out in decision-making, appointments, or remarks made. Biasness is not theoretically encouraged by
the judiciary. Having a just and fair judicial system is difficult but not
impossible, and a country must take all the required steps in order to ensure
that its judicial system is free from all forms of unfair practices and
malicious intentions.
*****
The Bench of Hon’ble #SupremeCourt of India in the case of Arcelor Mittal Nippon Steel India Ltd. vs Essar Bulk Terminal Ltd. [Civil Appeal No. 5700/2021], vide its Judgment dated 14-09-2021 held that read more
The Bench of Hon’ble #SupremeCourt of India in the case of Arcelor Mittal Nippon Steel India Ltd. vs Essar Bulk Terminal Ltd. [Civil Appeal No. 5700/2021], vide its Judgment dated 14-09-2021 held that the Court can continue to decide an application under Section 9 of the Arbitration Act, 1996 (#ArbitrationAct) for #interimmeasures of protection, that has already been taken up for consideration by the court, prior to constitution of #arbitraltribunal.
The Appellant, Arcelor Mittal Nippon Steel India Ltd and the Respondent, Essar Bulk Terminal Ltd. entered into an agreement for Cargo Handling at Hazira Port (Cargo Handling Agreement). The said Cargo Handling Agreement was amended from time to time. Owing to certain disputes that arose under the said Cargo Handling Agreement, the Appellant invoked the arbitration clause and issued Notice of Arbitration upon the Respondent on 22-11-2020. The Respondent did not reply to the said Notice.
Thereafter, the Appellant filed an Application before the High Court of Gujarat (High Court) for appointment of an Arbitral Tribunal under Section 11 of the Arbitration Act. Later, the Respondent replied to the Notice of Arbitration on 30-12-2020 and contended that the disputes between the Parties were not arbitrable.
However, the High Court appointed a three-member Arbitral Tribunal, comprising of three retired Judges of the High Court, to adjudicate the disputes between the Appellant and the Respondent, under Section 11(6) of the Arbitration Act vide its Order dated 09-07-2021.
Thereafter, both the Appellant and the Respondent filed Applications before the Commercial Court and the 12th Additional District Judge, District and Sessions Court at Surat (Commercial Court) under Section 9 of the Arbitration Act seeking interim measures of protection from the Court during ongoing arbitration proceedings.
As the Arbitral Tribunal was constituted, the Appellant filed an Application seeking transfer of arbitration proceedings from Commercial Court to the Arbitral Tribunal constituted by the High Court. The Commercial Court dismissed the said Application filed by the Appellant, vide its Order dated 16-07-2021 on the ground that it had already concluded the proceedings before it and reserved the matter for Orders.
The Appellant filed a Civil Application No.10492 of 2021 in the High Court under Article 227 of the Constitution of India challenging the Order dated 16-07-2021 passed by the Commercial Court. The High Court, vide its Order dated 17-08-2021 held that the Commercial Court has the power to consider whether the remedy under Section 17 of the Arbitration Act is inefficacious and pass necessary orders under Section 9 of the said Arbitration Act.
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-reiterates-circumstances-when-a-court-can-decide-upon-interim-relief-under-arbitration-act/
#supremecourt #arbitration #interimrelief #lawyered
We live in a fast-paced world where people are too much focused on one thing or the other, to the extent that often they don’t even know about their basic rights as humans. For many of us, there is essentially read more
Many people aren’t aware of the fact that they even have rights as potential job applicants. They have the right to be free from discrimination and discriminating questions based on their age, gender, religion, sexual orientation, ethnicity, nationality, etc.
For instance, if you are on a job interview, your employee rights protect and safeguard you from being asked biased and discriminating questions during the entire hiring process. Even if you are physically handicapped, your potential employer has no right to discriminate against you or ask you prejudiced questions.
You might not be aware that many potential employers don’t always hand out contracts, and not all employees ask about it. Legally, depending on which state you are living in, your potential employers might not be bound to provide you with an employment contract immediately.
However, within two months of your employment, you should ideally receive a contract or a written proof that you are working with the company and receiving a certain amount of salary, along with the terms and conditions of the employment.
Ideally, your contract should mention the following: your designation/ job title, the required working hours, the monthly salary, the number of monthly/ annual sick leaves you are entitled to, the paid holidays that you are entitled to, and the minimum notice period.
As an employee, you have the right to have appropriate working hours and suitable breaks, which means that you have the legal right to have a 20-minutes break period to eat, drink, stretch, and rejuvenate. If you have a 9-hours work shift, you are also legally allowed to have a 2-times 20-minutes break each day. Many potential employees aren’t aware that according to employment laws, no employee is supposed to work more than an average of 48 hours every week unless their employment contract states so and they agree to it in written form.
This employment right is particularly important for construction site workers or employees who work for underground mining companies. Besides, employees have the legal right to protect their health and work in a clean and protective workplace that allows them to practice safety, hygiene, and essential health measurements.
That said, employees have the right to work in a safe and clean environment that doesn’t sabotage their physical, mental, and emotional wellbeing. In the face of the pandemic, employees have the right to work from home and be provided with s Covid-19 safety kit.
Employees also have the right to work part-time if they are fixed-term employees. While this aspect might differ from one company to another, the rules for holiday entitlements might be slightly different for part-time workers than full-time workers.
Suppose you have recently landed a new job. We recommend getting in touch with a professional law expert or an employment lawyer who can help you understand your rights and go through the terms and conditions of your contract. The employment lawyer can also help you solve any potential issues that you might encounter at your workplace.
What Is Disability LawGenerally, the main focus of disability law is to focus on the disability insurance policies that are most commonly offered by employers and are bought by people. If you are one read more
Generally, the main focus of disability law is to focus on the disability insurance policies that are most commonly offered by employers and are bought by people. If you are one of those people who are disabled and can not work like an average person, you might qualify for the disability benefits that most employers offer, and you can also ask about this from your disability insurance lawyer to know more.
However, it is to note that getting the disability benefits is not always easy, and you can also take help from a disability attorney in this matter. This will undoubtedly help you file a successful claim and will also aid you in navigating the appeals process in a much faster manner.
So, here are some of the leading disability law services and insurance claims that your attorney can help you out with:
This disability law service needs to be considered by your disability attorney when a covered employee might become disabled and he chooses to file a claim. To cover that up, the government body often provides you with complex rules and regulations to control every other aspect of an employer’s insurance plan.
This can certainly also include how the employees would obtain the benefits present in the disability insurance plan. This is why employers are supposed to provide employees with very detailed information about their disability advantages. This proper documentation is mostly a part of the new-hire paperwork that an employee is provided with at the beginning of his employment.
The basic government for disability law basically sets a time limit for the insurance provider when an employee files a claim in order to decide the merits of the claim. Once it is done, the insurance provider is supposed to deny or accept the disability claim within 45 days of filing. In case of any unforeseen circumstance or any other problem, this time limit can also be extended by 30 days upon properly notifying the employee.
Disability insurance is provided by employers to millions of employees nationwide, and they are given in order to secure employment welfare benefits. If you are to apply for long-term disability advantages and the insurance company refuses your claiming file, the official government body for this gives you the right to pursue a lawsuit in federal court to move forward with your case.
However, it is to be remembered that the government body can only affect the disability insurance benefits that are offered by an employer as a part of the employee benefits package, and it would not certainly apply to any kind of private disability insurance plans that workers buy on their own.
The process of filing a disability insurance claim can be certainly arduous and the applicants of this might not always get the required results. If you are going to apply for long-term disability benefits and the insurance company refuses your claim, then the government body for this gives you the right to pursue your lawsuit in federal court as well.
However, one thing to remember is that it is not easy to overturn a denial of the government body disability benefits. All the insurance company would need to do is to show a medium piece of evidence to support its denial against the claim. This means that if you have made errors during the application process and did not provide any kind of enough support to your claim, you are most likely to lose, and your chances of winning the lawsuit are next to nothing.
Not every family we see is perfect, everyone goes through a rough patch in their life, and things do not always turn out the way we imagine. This is why having a family law at this tough time can certainly read more
Not every family we see is perfect, everyone goes through a rough patch in their life, and things do not always turn out the way we imagine. This is why having a family law at this tough time can certainly help you a lot. The family incorporates a number of different kinds of issues that happen in a family, such as alimony, divorce, adoption, child custody, parenting time, child support, etc.
It does not matter if you are looking for some changes in your life or you are up to making some solid decisions about your family; a family law attorney certainly guide you a lot, even if you are just seeking opinions about your options. A family lawyer will help you to assist in what would be the right decision in that particular situation that would suit best to your interests and choices.
In most cases, when people choose to get a divorce, the one thing that they are concerned about is how their children would be affected emotionally. There are many pieces of studies that show that the majority of the children adjust within about 24 months of the divorce of their parents.
However, it is to remember that living in an environment with their parents who are in constant conflict can be more stressful for them than the divorce. So, if you are also dealing with some problems in your family and you think it is the right time to make some solid decisions about the future of your family and your life, read the benefits of hiring a family law attorney to take a step forward without any more delay.
Custody Disputes
If you want to sort out some parenting time issues with your ex-partner and despite holiday parenting time, problems have arisen, you can certainly contact your family lawyer.
There are a number of reasons why a parent might want to request a change in their parenting time or custody, such as:
Every parent is concerned about the health and well-being of their children, and if they think that their other parent is not taking proper care of their child during their parenting time or custody, you can certainly request in the court to make changes to their arrangements.
These concerns might involve issues like not proper sleeping arrangements, safety issues, emotional or physical abuse, mental illness, etc. So, if you believe that your child is in danger or not in proper care, you can consult with a family law attorney who will help you to know where you stand and will make sure your claims are factual to represent your case in the court.
Trusts And Wills
Life is unpredictable, and you never know what can happen to you at any time. So for the future and security of your family , another aspect of a family law attorney can help you a lot to prepare wills and trusts in advance. You can take help from your family lawyer to make sure all your wishes are met after your death and who will fall under your succession of property or money after your demise.
Eliminate Toxic Relationship
It is not always easy to realize and get out of a toxic relationship. So, if you are also dealing with obe and you are done trying and want to move on in your life, then a family law attorney can be a great support for you. With his help, you can know how you can deal with the conflicts and what you would need to do to take the proper legal actions.
A Two Judge Bench of the Hon’ble #SupremeCourt of India of Justices Aniruddha Bose and M.R. Shah passed a Judgment dated 09-09-2021 in the case of Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited & read more
A Two Judge Bench of the Hon’ble #SupremeCourt of India of Justices Aniruddha Bose and M.R. Shah passed a Judgment dated 09-09-2021 in the case of Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited & Ors. v. M/s Ajay Sales & Suppliers Special Leave Petition (Civil) No.13520 of 2021 and held that a #HighCourt can exercise the powers under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) to appoint another #arbitrator in the event a person becomes ineligible to act as an arbitrator appointed under the #arbitration agreement.
In the present case, on 31-03-2015, the Respondent Firm (original Applicant) and Sahkari Sangh (Parties) entered into a Distributorship Agreement (Agreement) for a period of two years for the purpose of distribution of milk and butter milk in certain zones in Jaipur. Thereafter, disputes arose between the Parties. Clause 13 of the Agreement provided that all disputes and differences arising out of the Agreement shall be referred to a sole arbitrator, namely, the Chairman of Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd. (Arbitrator) and his decision shall be final and binding for the Parties.
On 19-10-2019, as per Clause 13 of the Agreement, the Respondent Firm approached the Arbitrator for settlement of a commercial dispute between the Parties. During the pendency of the Arbitration Proceedings, the Respondent Firm vide an Application approached the High Court of Judicature for Rajasthan (High Court) for appointment of an arbitrator under Section 11 of the Act and invoked the arbitration clause under the Agreement dated 31-03-2015. The said Application for appointment of arbitrator was opposed by the Petitioners. The main contention raised by the Petitioners was that it was not open for the Respondent Firm to approach the High Court for appointing an arbitrator under Section 11 of the Act as it had already approached the sole Arbitrator for resolution of the dispute and had participated in the Arbitration Proceedings. Section 11 (5) of the Act empowers the Supreme Court or the High Court or any person / institution designated by the Court to appoint an arbitrator, upon request made by the party.
The High Court while placing reliance on Section 12 (5) of the Act read with Seventh Schedule to the Act, allowed the said Application and appointed former District and Sessions Judge to act as an arbitrator.
Section 12 of the Act: Grounds for challenge is reproduced below:
(5) Notwithstanding any prior agreement to the contrary, any person whose relationship, with the parties or counsel or the subject-matter of the dispute, falls under any of the categories specified in the Seventh Schedule shall be ineligible to be appointed as an arbitrator:
Provided that parties may, subsequent to disputes having arisen between them, waive the applicability of this sub-section by an express agreement in writing.
The Seventh Schedule of the Act provides various categories of ‘Arbitrator’s relationship with the parties or counsel’. For instance, if the arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party, such a person is ineligible to be appointed as an arbitrator under Section 12 (5) of the Act.
Being aggrieved, the Petitioners approached the Hon’ble Supreme Court of India.
In the present case, on 31-03-2015, the Respondent Firm (original Applicant) and Sahkari Sangh (Parties) entered into a Distributorship Agreement (Agreement) for a period of two years for the purpose of distribution of milk and butter milk in certain zones in Jaipur. Thereafter, disputes arose between the Parties. Clause 13 of the Agreement provided that all disputes and differences arising out of the Agreement shall be referred to a sole arbitrator, namely, the Chairman of Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd. (Arbitrator) and his decision shall be final and binding for the Parties.
On 19-10-2019, as per Clause 13 of the Agreement, the Respondent Firm approached the Arbitrator for settlement of a commercial dispute between the Parties. During the pendency of the Arbitration Proceedings, the Respondent Firm vide an Application approached the High Court of Judicature for Rajasthan (High Court) for appointment of an arbitrator under Section 11 of the Act and invoked the arbitration clause under the Agreement dated 31-03-2015. The said Application for appointment of arbitrator was opposed by the Petitioners. The main contention raised by the Petitioners was that it was not open for the Respondent Firm to approach the High Court for appointing an arbitrator under Section 11 of the Act as it had already approached the sole Arbitrator for resolution of the dispute and had participated in the Arbitration Proceedings. Section 11 (5) of the Act empowers the Supreme Court or the High Court or any person / institution designated by the Court to appoint an arbitrator, upon request made by the party.
The High Court while placing reliance on Section 12 (5) of the Act read with Seventh Schedule to the Act, allowed the said Application and appointed former District and Sessions Judge to act as an arbitrator.
Section 12 of the Act: Grounds for challenge is reproduced below:
(5) Notwithstanding any prior
agreement to the contrary, any person whose relationship, with the parties or
counsel or the subject-matter of the dispute, falls under any of the categories
specified in the Seventh Schedule shall be ineligible to be appointed as an
arbitrator:
Provided that parties may,
subsequent to disputes having arisen between them, waive the applicability of
this sub-section by an express agreement in writing.
The Seventh Schedule of the Act
provides various categories of ‘Arbitrator’s relationship with the parties or
counsel’. For instance, if the arbitrator is an employee, consultant, advisor
or has any other past or present business relationship with a party, such a
person is ineligible to be appointed as an arbitrator under Section 12 (5) of
the Act.
Being aggrieved, the Petitioners approached the Hon’ble Supreme Court of India.
To read more, please visit the link below:
#supremecourt #arbitrator
The #SupremeCourt has in a recent case of Sivasankaran Vs Santhimeenal passed a Judgment dated 13-09-2021 and reiterated the #circumstances amounting to #mentalcruelty and irretrievable / complete #breakdown read more
The #SupremeCourt has in a recent case of Sivasankaran Vs Santhimeenal passed a Judgment dated 13-09-2021 and reiterated the #circumstances amounting to #mentalcruelty and irretrievable / complete #breakdown of #marriage in #divorce cases.
In this
case, Mr. Sivasankaran, the Appellant-Husband and Mrs. Santhimeenal, the Respondent-Wife,
solemnised their marriage as per the Hindu Customs on 07-02-2002 (Marriage).
However, as per the Appellant-Husband, the Respondent-Wife did not consent to
their Marriage and thus, left the marriage hall that night and went to Pudukkottai,
Tamil Nadu. Further, her parents and relatives tried to persuade her to come
back and live with the Appellant, but it was not fruitful. The Marriage did not
work from the very inception and the Marriage was never consummated. Hence, the
Appellant-Husband issued a Notice dated 25-02-2002 seeking divorce under the
ground of cruelty under Section 13 (1) (i-a) of the Hindu Marriage Act 1955 (the
Act).
Section 13 (1) (i-a) of the Act has been reproduced below:
Section 13: Divorce
(1) Any
marriage solemnized, whether before or after the commencement of this Act, may,
on a petition presented by either the husband or the wife, be dissolved by a
decree of divorce on the ground that the other party—
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty
Soon thereafter,
the Respondent-Wife filed a Petition for Restitution of Conjugal Rights under
Section 9 of the Act before the District Court. She claimed that the Appellant’s
family had demanded dowry from the Respondent’s family and when they were
unable to provide the same, the Appellant’s brothers took him away, thereby,
rendering the consummation of Marriage impossible. Hence, as per the Respondent-Wife,
it was the Appellant who refused to cohabit with her.
Thereafter,
the Appellant filed a Petition for Divorce under Section 13 (1) (i-a) of the
Act before the District Court. After 5 years of trial proceedings, a Decree for
Divorce was granted on 17-03-2008 on the ground of irretrievable breakdown of Marriage.
Immediately after the Divorce Decree was obtained, 6 days later, the Appellant got married a second time on 23-03-2008.
Thereafter, the Respondent-Wife filed an Appeal before the Addl. District Judge, Pudukkottai, whereby, the Court set aside the Divorce Decree.
Aggrieved, the Appellant filed an Appeal before the Madras High Court, which restored the Divorce Decree, vide Judgment dated 14-09-2018.
All in all, around 15 years had passed in litigation and the disputes between the Parties still continued.
The Respondent thereafter filed a Review Petition before the Supreme Court on the ground that it was not within the jurisdiction of the High Court or the District Court to grant a Decree of Divorce on the ground of irretrievable breakdown of Marriage. The Apex Court allowed the Review Petition vide Order dated 25-02-2019.
Aggrieved, the Appellant filed Civil Appeal before the Supreme Court.
To read more, please visit the link below:
https://theindianlawyer.in/supreme-court-reiterates-circumstances-amounting-to-mental-cruelty-and-irretrievable-breakdown-of-marriage/
#supremecourt #marriage #divorce #breakdown #mentalcruelty #lawyered

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Kolkata, India

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The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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