Law & Behold

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: https://drive.google.com/file/d/1tpvRTTojxkAzZYMXMUzeOvDmVCsmW79r/view?usp=sharing

Citation: 2020 Indlaw CAL 312

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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: https://drive.google.com/file/d/1i15Tn24ZXRzX018ltAh-P2vJaKo7ZrGS/view?usp=sharing

Citation: 2020 Indlaw NCDRC 441

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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: https://drive.google.com/file/d/1hTRlVsQ5lAYUsaMFQ7G78iSgefniHCzc/view?usp=sharing

Citation: 2020 Indlaw SC 375

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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: https://drive.google.com/file/d/1yEWlcB2Stix1JPL6xab0B2aoDuqDfb29/view?usp=sharing

Citation: 2020 Indlaw SC 358

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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: https://drive.google.com/file/d/1JSc9WYAlcxCzUPqpFrbCp3O8ztcn2Uo4/view?usp=sharing

Citation: 2020 Indlaw HP 434

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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: https://drive.google.com/open?id=1O8_4X1b_HdQJsX5W_tSdPDttqI6TtPcJ

Citation: 2020 Indlaw DEL 1161

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TCLF: http://tclf.in/

One Take Show : https://open.spotify.com/episode/1gT1hDNAlLgoKKCIUZhJEI?si=xPl93ZAXTqqwHSpd8CsUnw

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

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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

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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

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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

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