Law & Behold! Judgments from Indian Courts

Law & Behold! Judgments from Indian Courts

By Gaurav Pathak
Law & Behold! is a byte sized podcast discussing interesting judgments from Courts in India. New episodes, every Monday. We speak Hinglish. Earlier-Legal Eagle India
Where to listen
Apple Podcasts Logo
Breaker Logo
Castbox Logo
Google Podcasts Logo
Overcast Logo
Pocket Casts Logo
RadioPublic Logo
Spotify Logo
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: https://drive.google.com/open?id=1JpF3jZIxb244hlqiAdKwbeoT-f-HgBWE Citation: 2020 Indlaw DEL 1038 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
17:24
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: https://drive.google.com/open?id=1jDKKuhB3i_-PTqNCLP5FYzLpFMqFPMfX Citation: 2020 Indlaw DEL 1076 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
14:08
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: https://drive.google.com/open?id=1sNmNjjppmhKfi_BeqZWHUfARTFWkkLfX Citation: 2019 Indlaw SC 1206 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
14:26
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: https://drive.google.com/open?id=1k36GcPSyFzKi903_0WN3lkouWuCDFXaF Citation: 2020 Indlaw SC 319 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
11:41
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: https://drive.google.com/open?id=1m-KenA4gunit2XWmSa8pTZRuyPPaa1wD  Citation: 2020 Indlaw SCO 144 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
10:18
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: https://drive.google.com/open?id=1RB0dCn7OxqJG3E8VbdAj352ZZYadnRAL Citation: 2020 Indlaw MP 6 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
06:50
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 https://drive.google.com/open?id=1e1DJR-548Ee8vcbIS275Lqecpdz_gocP Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
08:20
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 https://drive.google.com/open?id=1KSAH_qzd6-ev5PFQfZEKj7R4frTalaTl  Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ 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!
22:51
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: https://drive.google.com/open?id=1aSF2Gn9syxAm8cBE4GpEaQW-F9_HA2Yj Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/ 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!
12:43
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- https://drive.google.com/open?id=1YOjKmr6_651GhvxQ6zTJZ_iBS1wJtV-8 AGR Judgment Final Order- https://drive.google.com/open?id=1sL5CZ8qqvff4QscArfZNDTE0HErFhH3Y Self Assessment Rejection Order- https://drive.google.com/open?id=1zCrZ9X2nLpVuJPbUzma0oRwQKIzd9nSE Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
30:50
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- https://drive.google.com/open?id=14W60XnmDmiV_d7KFEcVmxHhAn5vAZFfc Final Order- https://drive.google.com/open?id=1SZhOUghXr75FsXUGBlEvFRWb-WQHYs-3 Twitter: https://twitter.com/law_behold Instagram: https://www.instagram.com/lawandbehold/
09:36
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- https://drive.google.com/open?id=1aAulU5W-0OVzn0xQaLVYgCHio1qO0TTG Get in touch! Follow us at Twitter: @law_behold Instagram: lawandbehold
17:53
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- https://drive.google.com/open?id=1PhfzinvvE-Ii5q02Ad8NMeizQW2gWoxl Follow Law & Behold at Twitter- https://twitter.com/law_behold Instagram- https://www.instagram.com/lawandbehold/
11:39
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 https://indiankanoon.org/doc/84963/
08:13
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- https://timesofindia.indiatimes.com/india/india-joins-nations-which-dont-execute-mentally-ill-convicts/articleshow/69615922.cms
09:44
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 https://drive.google.com/open?id=13ZePKV1Jw0ws2X1eElbWsfnco2O1gRbg
09:27
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: https://lawsamjho.in/2020/01/08/further-investigation-can-be-ordered-at-post-cognizance-stage/
13:55
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
08:46
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- https://www.firstpost.com/politics/sc-asks-parliament-to-ponder-over-speakers-mandate-to-disqualify-mps-mlas-solution-may-lie-in-transferring-power-to-bodies-outside-legislature-7941341.html
08:39
January 26, 2020
Double Trouble: Indian Railways
India Railways books two people on the same seat. What does one do? https://www.thehindu.com/news/cities/Delhi/railways-to-compensate-man-for-allotting-same-berth-to-2-passengers/article30597296.ece
04:02
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 https://drive.google.com/open?id=1KkNqobqnFf4hVFb-0IVj6ZOsbPdoG5ic
18:47
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.
13:42
January 5, 2020