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Law & Behold! Judgments from Indian Courts

Law & Behold! Judgments from Indian Courts

By Gaurav
Law & Behold is a weekly podcast discussing interesting judgments from Courts in India. We speak Hinglish.
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Senior Citizen
The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and Delhi Rules 2009 are welfare legislations. Senior Citizen Act and rules have been framed for the benefit and protection of senior citizens/Parents, so that they can spend their twilight years peacefully. The story of a father in law who was claimed of being thrown away from his own house. This and lots more in this episode of Law and Behold. Cause Title: MS. MAMTA VERSUS THE STATE (GNCT OF DELHI) AND OTHERS Case Number: W.P.(C) 5144/2021 Court: Delhi High Court Citation: LNIND 2021 DEL 877 Link to Judgment: Instagram: lawandbehold
May 8, 2021
RJB: Raid, Jail and Bail
Sonu, who is in custody under Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), w.e.f. 29.11.2019 for possessing 18.44 grams of heroin (Deacetyl morphine), has now come up before High Court under Section 439 of CrPC, seeking bail, on the grounds that the quantity of contraband allegedly seized is intermediate quantity and does not restrict bail, because the quantity greater than 250 grams of heroin (Deacetyl morphine), falls in the category of the commercial quantity; hence the restrictions for bail imposed in S. 37 of NDPS Act, do not apply, and in the present case he is in custody for a considerable time. What does the Court do? Sonu Kumar v. State of Himachal Pradesh Case No : Cr. MP (M) No. 264 of 2021 Bench : Anoop Chitkara Citation : 2021 Indlaw HP 196 Link: Instagram: lawandbehold
May 2, 2021
Manipulating Court Record
A writ petition was filed by Naveen Singh before the High Court of Judicature at Allahabad, Lucknow Bench being for issuance of writ of mandamus to take action on the complaint made by him against Mahesh Singh for committing forgery in Court record. At that time, it was alleged that there was a fabrication in the court record by way of using whitener in Sessions Trial No. 89-A/01, State vs. Mahesh, under Sections 307, 504 and 506 IPC, Crime Case No.152/2000, Police Station Makhi, District Unnao. The court record was tampered with and instead of 'Mahesh', 'Ramesh' had been written. Considering the gravity of the matter, the High Court called for-the comments of the Learned Additional Sessions Judge/Fast Track Court, Unnao. Mahesh was eventually chargesheeted but the High Court granted him bail. In this episode, we see as to how Supreme Court dealt with the question on bail in a crime allegedly involving tampering court records. Naveen Singh v State of Uttar Pradesh and another Criminal Appeal No. 320 of 2021 (Arising out of Special Leave Petition (Crl.) No. 2545 of 2020) 2021 Indlaw SC 116 Link to Judgment: Instagram: lawandbehold
March 21, 2021
Limitation: Appointment of Arbitrator
This episode discusses two important issues (i) the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996; and (ii) whether the Court may refuse to make the reference under Section 11 where the claims are ex facie time-barred? Bharat Sanchar Nigam Limited and another v Nortel Networks India Private Limited Civil Appeal Nos. 843-844 of 2021 2021 Indlaw SC 109 Link to Judgment: Feedspot has enlisted Law and Behold in Top 20 Podcasts on Indian Law! To see the list and discover more click on
March 14, 2021
Circumstantial Evidence
Jayashree was married to Shivaji Chintappa Patil in 1995. They were blessed with two children. On the fateful night of 23rd March 2003,  Shivaji and Jayashree went to sleep in their house. At the dawn of 24th March 2003, Ramchandra Chintappa gave a call to the Shivaji, so that they could go to their field for harvesting jawar crop. Shivaji opened the door and expressed his inability to accompany him to the field stating, that Jayashree had committed suicide by hanging. A trial follows and Shivaji is convicted for murder. The case eventually reaches Supreme Court. Join in, as we examine Circumstantial Evidence. Shivaji Chintappa Patil v. State of Maharashtra Criminal Appeal No. 1348 of 2013 2021 Indlaw SC 87 Link to Judgment: Feedspot has enlisted Law and Behold in Top 20 Podcasts on Indian Law! To see the list and discover more click on
March 7, 2021
Crime & Commerce Ft. Mohit Negi
The transaction relating to goods took place in Gujarat, the representations and meeting took place in Gujarat, the goods were shipped from a port in Gujarat, bill of ladings were released from Gujarat, the invoices were raised by the entity based out of Gujarat and the jurisdiction of such invoices were subject to the court of Gujarat. But the FIR was registered in Delhi! As per Section 177, CrPC, an inquiry and trial with respect of an offence is to be conducted by the court within whose local jurisdiction occurrence is said to have taken place, and the cause of action has arisen. Sections 178 and 179 are merely exceptions to the principle laid down in Section 177. Their scope should not be enlarged on analogous consideration. Ordinarily, the case is to be tried by the court in whose local limits the offence was committed, which in the present case is the state of Gujarat. In addition, for determination of offences alleged to have been committed under Section 406, IPC, Section 181, CrPC lays down that the jurisdiction lies with court where the offence was committed or any part of the property which is the subject of the offence was received or retained. Join is as we discuss this and lots more with Mohit Negi. Ramesh Boghabhai Bhut v. State and Another Crl.M.C. 1616/2020 & Crl.M.A. 10307/2020 2020 SCC OnLine Del 1475 Link to Judgment:
February 21, 2021
Land Rights
Joginder and Karamveer who are the residents of Village Sarsad, Tehsil Gohana, District Sonepat encroached upon the panchayat land and constructed the houses. The Government of Haryana framed a policy regarding sale of panchayat land in unauthorised possession. Joginder and Karamveer submitted the application before the competent authority along with the resolution of the concerned panchayat and requested to sell the lands occupied by them illegally and unauthorizedly, but the same was rejected. The case eventually reached Supreme Court. This and lots more in this episode of Law and Behold. Case Name: Joginder and another v State of Haryana and others Citation: 2021 Indlaw SC 37 Link:  Instagram: 
February 16, 2021
Najeeb: Bail under UAPA
Professor TJ Joseph while framing the Malayalam question paper for the second semester B.Com. examination at the Newman College, Thodupuzha, had included a question which was considered objectionable against a particular religion by certain sections of society. Prosecution alleged that Najeeb in association with other members of the Popular Front of India (PFI), decided to avenge this purported act of blasphemy. On 04.07.2010 at about 8AM, a group of people with a common object, attacked the victim-professor while he was returning home with his mother and sister after attending Sunday mass at a local Church. Over the course of the attack, members of the PFI forcefully intercepted the victim's car, restrained him and chopped-off his right palm with choppers, knives, and a small axe. Country-made bombs were also hurled at bystanders to create panic and terror in their minds and to prevent them from coming to the aid of the victim. Najeeb was arrested on 10.04.2015 and has been in jail since then. The Kerala High Court granted him bail, but the Supreme Court stayed that Order. Did Najeeb finally get bail from Supreme Court? What are the contours of bail jurisprudence in special laws such as UAPA. This and lots more in Episode 2 of Law and Behold! Union of India v. K.A. Najeeb Criminal Appeal No. 98 of 2021 2021 Indlaw SC 30 Link to Judgment:
February 7, 2021
Advocate on Record
The institution of Advocate on Record is specific to the Supreme Court of India. The question which is raised in the present case is whether an Advocate-on-Record can have the entry in the Advocate-on-Record Register in the form of his style of carrying on the profession instead of Siddharth Murarka, as Law chamber of Siddharth Murarka? In Re: Advocate on Record Includes A Proprietary Firm Writ Petition (Civil) No. 1107/2020 2021 Indlaw SC 21 Link to Judgment:
January 31, 2021
Trailer-Season 2
Welcome to Season 2 of Law and Behold! A weekly podcast full of facts, fun and law. Presenting to you the latest and most interesting judgments from Courts all over India.  Instagram: lawandbehold
January 30, 2021
The Police says that it recovered 15.07 grams of Heroin from the flat of Suresh Thakur. He was arrested and put into jail. The drugs were apparently purchased from a foreigner in Delhi. But Suresh is himself a drug addict. In this season finale, we see how the Himachal Pradesh High Court decided Suresh’s bail application. Judgment-Suresh Thakur v State of Himachal Pradesh Link: Citation: 2020 Indlaw HP 485 Twitter: Instagram:
July 12, 2020
Oh Calcutta!
Cavalier Enterprises alleged that Kolkata Municipal Corporation has illegally put a lock on its lifts. The real story turned out to be a lot different. In our penultimate episode of this season, we trace the history of hottest property in Kolkata from 1906! The Calcutta High Court saw through the charade, but what did it do? Judgment-Cavalier Enterprises Private Limited and others v Kolkata Municipal Corporation and others Link: Citation: 2020 Indlaw CAL 312 Twitter: Instagram:
July 5, 2020
Manufacturing Defects
On 08.12.2010 Krishan Bhatia purchased one Honda Activa scooter from Satnam Motors Pvt. Ltd. at Jaipur for Rs. 52,500/-, but the bill invoice mentioned the amount as Rs. 44,076/-. The scooter was manufactured by Honda Motorcycle and Scooter India Pvt. Ltd. Krishan Bhatia alleged that due to some manufacturing defect some liquid was leaking and the front elevation of the scooter got damaged and spoiled the colour completely. Honda and the dealer did not resolve the said problem and refused to repair them. Being aggrieved by the deficiency in service, Krishan Bhatia filed a complaint against the Honda and M/s Satnam before the District Forum-II, Jaipur and prayed for refund of Rs. 52,500/- with interest alongwith other reliefs. The case went up to NCDRC, twice! In this episode we examine deficiency in service and unfair trade practice. All of which took 10 years to decide! Judgment-Satnam Motors Private Limited, through its Director, Rajasthan and another v Krishan Bhatia S/o M. L. Bhatia Link: Citation: 2020 Indlaw NCDRC 441 Twitter: Instagram:
June 28, 2020
Attempt to Murder
Dr. Jaydeep A Patel was going to his laboratory from his residence at around 4.45 p.m. on 3.12.2002, in his Indica Car being driven by his driver Jignesh G. Vyas. When the car had to slow down to negotiate a speed breaker, a motorbike stopped beside the car, and Dr. Patel was shot at. The bullet pierced the glass window and hit Dr. Patel on his face. The shooters fled from the spot. The case eventually reached Supreme Court, where the Apex Courts pronounced an important judgment on attempt to murder. This and lots more in this episode. Judgment-Mustak @ Kanio Ahmed Shaikh v State of Gujarat Link: Citation: 2020 Indlaw SC 375 Twitter: Instagram:
June 21, 2020
Anthony Swamy, a painter by profession was travelling in a bus. The bus meets an accident and hits a lorry. Anthony suffers grievous injuries. His left leg is amputated. He suffers all loss of income. He can no longer paint, or walk, or climb stairs or socialise. The Motor Accident Tribunal grants him a meagre compensation, which is increased marginally by the High Court. The Supreme Court employs the functional test to decide the amount of compensation. How are claims in motor accident cases decided? This and lots more in this episode. Judgment-Anthony Alias Anthony Swamy v Managing Director, K.S.R.T.C. Link: Citation: 2020 Indlaw SC 358 Twitter: Instagram:
June 14, 2020
Cannabis or marijuana is grown in ample amount in Himachal Pradesh. The Indian law mandates severe punishment for trading in contraband, especially in commercial quantities . Yet, one KG of Charas is not a commercial quantity. Shocked you, right? Listen in as we delve into Himachal Pradesh granting bail to a person accused of multiple NDPS offences. Judgment- Khekh Ram v. State of Himachal Pradesh Link: Citation: 2020 Indlaw HP 434 Twitter: Instagram:
June 7, 2020
Over Wait
The Union Public Service Commission (UPSC) conducts an exam for entry as Assistant Commandant in the Central Armed Police Forces. A written exam is followed by medical tests, subsequent to which candidates are called for interview. The medical standards are strict, and this particular candidate in question is found to be overweight. He approaches the Delhi High Court that his medical must be re-conducted by measuring weight with a properly calibrated weighing machine. What follows is a saga on examining normal human behaviour and how not to expend one’s legal rights. Judgment- Dhiraj Milind Dhurve v Union Public Service Commission and another Link: Citation: 2020 Indlaw DEL 1161 Twitter: Instagram: TCLF: One Take Show :
May 31, 2020
Quarantine- COVID-19
A photojournalist comes in contact with a Pizza Delivery person, who was later diagnosed as positive for coronavirus. The Govt came and directed the photojournalist to stay at home. A few days later, the Government passed another order for extending the quarantine. It also issued warnings for breaking quarantine. All of this was challenged in Court. The Delhi High Court conducted hearings over video conference. It balanced the claims of the journalist, with the needs of the Government. But how long is too long? Judgment- Amit Bhargava v State (NCT of Delhi) Link: Citation: 2020 Indlaw DEL 1038 Twitter: Instagram:
May 24, 2020
Termites Ate Them
A property dispute! It started in 2007-08, seven years later, the notary who attested the documents claims that the notary registry has been eaten up by termites! And well, this was an act of god. The Central Information Commission trashes this stand and imposes maximum penalty. All of this comes up before Delhi High Court, whose judgment we discuss! Judgment- Meena Sharma v. Nand Lal & Anr. Link: Citation: 2020 Indlaw DEL 1076 Twitter: Instagram:
May 17, 2020
Court Martial
A non commissioned officer in the Indian Army is accused of breaking-in at the middle of the night. A Court Martial follows. A culmination of a 21 year old journey, at the hands of the Supreme Court. This and lots more in this episode of Law and Behold! Judgment- Union of India and others v Dafadar Kartar Singh and another Link: Citation: 2019 Indlaw SC 1206 Twitter: Instagram:
May 10, 2020
Corruption in Education
An MBBS Student in a Deemed University in Gujarat is asked to cough up Rs. 20 Lakhs for an NOC. What follows is a tale of corruption. Charge and Discharge! See the rot in the education system and witness how the Supreme Court held that even private individuals can be considered to be public servants. Judgment- State of Gujarat v Mansukhbhai Kanjibhai Shah Link: Citation: 2020 Indlaw SC 319 Twitter: Instagram:
May 3, 2020
Celebratory Firing
A happy wedding in Uttrakhand is shattered by gunshots. Two people die, and the shooter is the groom’s father. The trial court awards life imprisonment for murder. The High Court confirms it, but the Supreme Court says that there was no murder! This and lots more in this episode of Law & Behold! Judgment- Bhagwan Singh v State of Uttarakhand Link:  Citation: 2020 Indlaw SCO 144 Twitter: Instagram:
April 26, 2020
Honourable Acquittal
Innocent until proven guilty, right? Well, that is not always the case. Especially when you are in a government service or an applicant for one! The Madhya Pradesh High Court examined a case in which the government employee was suspended because of a criminal case against him. Upon acquittal, he asked for full salary. Did he get it? This and lots more in this episode of Law & Behold! Judgment- Vijay Manjhi v State of Madhya Pradesh and others Link: Citation: 2020 Indlaw MP 6 Twitter: Instagram:
April 19, 2020
Cat Food: Animal Rights during Lockdown
The Kerala High Court allowed a cat owner to travel during the lockdown to get food for his pets. Did you know that international law recognises five fundamental rights of animals? Not feeding your pet is a criminal offence in India! This and lots more in this episode of Law & Behold! Judgment - N Prakash v. State of Kerala, W.P.(C). TMP-28 OF 2020, Kerala High Court Twitter: Instagram:
April 12, 2020
Seat, Venue & Place: Arbitration Ft. Shashwat Awasthi
Why an Indian Company in the business of air purifiers had its air being put tight before the Supreme Court? The Apex Court has delivered an important verdict on differentiating the concepts of seat, venue and place. This case takes us to India, Nepal, Sri Lanka and Hong Kong, all while being under lockdown. In this episode, Shashwat Awasthi discusses various aspects of arbitration law and why the Supreme Court did what it did. Judgment - MANKASTU IMPEX PRIVATE LIMITED v. AIRVISUAL LIMITED, 2020 SCC OnLine SC 301  Twitter: Instagram: PS- Due to the present lockdown, the episode has been recorded remotely using Skype. As a result, the audio quality has suffered. Apologies for the same, and thank you for the support. Stay safe!
April 5, 2020
Money Laundering Ft. Shantanu Singh
What is Money Laundering? Know its history, present and future as we discuss a very important judgment from Punjab and Haryana High Court. P&H High Court Judgment: Twitter: Instagram: PS- Due to the present lockdown, the episode has been recorded remotely using Skype. As a result, the audio quality has suffered. Apologies for the same, and thank you for the support. Stay safe!
March 29, 2020
Telecom Sector in Peril: Understanding AGR Ft. Aayush Jain
The Telecom Sector in India is in peril. It is a key contributor to the Indian economy but in debt of Rs 4 lakh crore. Bharti Airtel and Vodafone Idea, two major operators owe thousands of crores to the Government. The Supreme Court is on a relentless pursuit to make them pay. On October 24, 2019, the Apex Court delivered a verdict that shook up the sector. The judgment impacts entities who were not litigating in the first place! What is the AGR issue? How did we get here? And what is the way out. All of this and lots more in this Bonus Episode of Law and Behold! AGR Judgment- AGR Judgment Final Order- Self Assessment Rejection Order- Twitter: Instagram:
March 23, 2020
Seed Battle
Is a small scale farmer, who purchased seeds from a Company with a buy-black clause, a consumer? The Supreme Court has answered the same. In this episode, we trace the history and story of a longstanding litigation, which is yet to come to an end after 16 years. A classic David v. Goliath battle, in the corridors of Indian Courts. Judgment- Final Order- Twitter: Instagram:
March 22, 2020
Land Acquisition Ft. Aayush Jain
A Five Judge Bench of the Supreme Court delivered a landmark verdict on land acquisition. In this episode, we understand what land acquisition is, why is it done, what has changed in the law, and what is so interesting about the judgment. Indore Development Authority Judgment 2020 SCC OnLine SC 316- Get in touch! Follow us at Twitter: @law_behold Instagram: lawandbehold
March 15, 2020
Virtual Currencies in India: RBI Ban and Supreme Court
Reserve Bank of India (RBI) effectively banned virtual currencies in April 2018. This March, Supreme Court set that ban aside. Do you hold BitCoin, LiteCoin or any other crypto? Well, you can now finally encash and put them into your bank accounts. In this episode, we see what virtual currencies actually are and who uses them! We see the points canvassed before the Supreme Court and how the Court eventually decided. In short, Virtual Currency, Decoded.  Judgment- Follow Law & Behold at Twitter- Instagram-
March 8, 2020
Fantasy Sports or Gambling? Ft. Kshitiz Sharma
Many High Courts have held that Fantasy Sports based online games like Dream 11 are not gambling websites. Rajasthan High Court has also delivered a judgment recently on this issue. In this episode, we discuss what are fantasy games, how do they different from gambling, and the tests courts employ to differentiate them. Recorded in the Pink City of Jaipur, this is a primer on how not to lose money! Rajasthan HC Judgment: Chandresh Sankhla v. State of Rajasthan, 2020 SCC OnLine Raj 264 Supreme Court Judgment: State Of Andhra Pradesh vs K. Satyanarayana
March 1, 2020
Insanity and Death Penalty: Nirbhaya
Patiala House Court in Delhi has rejected insanity plea of Vinay Sharma, convicted in the Nirbhaya case. Law says that insane persons and pregnant women cannot be hanged. But why is that? Has it always been that? This and lots more in this episode. 2019 Judgment-
February 23, 2020
Infra-less Tribunals: Scathing words from Bombay High Court
How will the economy be fixed, if cases of financial institutions remain pending for 20 years! Scathing words from Bombay High Court. Will the Government now act? WRIT PETITION NO. 386 OF 2020, Bombay High Court
February 16, 2020
Understanding Investigation: Ft. Shrey Singh
Supreme Court has held that Trial Court can order further investigation, even after taking cognizance. This is a paradigm shift in criminal law. Read more:
February 9, 2020
Policing Social Media
Madras High Court has suggested ways to police social media. But is it even feasible? Crl. O.P. No. 34166 of 2019
February 2, 2020
Disqualifying Legislators: Radical Ideas
Presently, Speaker of the Legislature decides on disqualification of MP and MLAs on the grounds of Defection. Supreme Court has suggested the Parliament to make a constitutional amendment and replace the role of the Speaker, with a Panel of retired judges to decide on disqualifications, in a fair and time bound manner. Cases Mentioned: Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur Legislative Assembly & Ors. Civil Appeal No. 547 Of 2020 Rajendra Singh Rana and Ors. -v- Swami Prasad Maurya and Ors. 2007) 4 SCC 270. Know more-
January 26, 2020
Double Trouble: Indian Railways
India Railways books two people on the same seat. What does one do?
January 19, 2020
Consumer Law and Penalties ft. Neel Kamal Mishra
India has two consumer legislations. Consumer Protection Act, 1986 and Consumer Protection Act, 2019. Which one is in force? Does Chairman/Member of the Consumer Forum have all the powers that the Forum has? Let’s find out what the Lucknow Bench of the Allahabad High Court said
January 12, 2020
Ratan Tata v. Cyrus Mistry ft. Shantanu Singh
Cyrus Mistry was removed as the Chairman of Tata Sons in October 2016. The National Company Law Tribunal ruled against him, but the Appellate Tribunal ruled in his favour. The battle is now in Supreme Court. What is the dispute about? What is at stakes! Know it all.
January 5, 2020