June 2021 - Page 7 of 30

The article is written by Sanjana Suman, a student of Amity Law School, Amity University Jharkhand, Ranchi.

Case Number

Appeal (civil) 822 of 1966

Equivalent Citations

1970 AIR 833, 1969 SCR (2) 240

Bench

Sikri, S.M.

Date of Judgement

27/09/1968

Relevant Act/ Section

Indian Arbitration Act (10 of 1940)

Indian Registration Act (16 of 1908), Sec 17(1)(b)

Facts of the case and Judgement

All that had to be seen for s. 17(1)(b) of the Registration Act was whether the award in question purports or operates to create, declare, assign, limit, or extinguish any right, title, or interest to or in immovable property, whether vested or contingent, of the value of one hundred rupees and upwards, whether now or in the future.

252 and Sardooll Singh v. Hari Singh I.L.R.

An arbitrator appointed by the appellants and respondent partitioned their immovable property exceeding the value of Rs.100.

The award required registration.

Samarath Bai, [1960] 2 S.C.R.

The arbitrator requested that the award be made a rule of the court under section 14 of the Indian Arbitration Act, 1940.

Say that the created right cannot be enforced without additional steps.

If an award has an impact on immovable property, a value of Rs. 100 should be ordered.

HELD per Full Court on the issue of whether the award was admissible in evidence because it was not registered.)

Chamanlal Girdhat Ghanchi v. Dhayabhai Nathubhai Ghandi A.I.R.

100 its registration does get rid of the disability created by s. 49 of the Registration Act.

816 and Kashinathsa Yamosa Kabadi v. Narsingsa Baskarsa Kabadi, [1961] 3 S.C.R.

After an award is made, no further action on the initial claim that was the subject of the reference can be taken. Prabhu Chand would not receive a title on the reward unless he had registered paperwork, and Sheonarain’s title would remain in the shop.”

Satish Jatindar Rakesh Chand Kaka Surinder Kumar is an Indian businessman. Kumar Kumar (Minor) Smt Nirmal Kanda (Resp. Rani) Reap Lajya Devi Reap Lajya Devi

As a result, in the same controversy, there may be not just one but several registrations for the same title, a circumstance that the Registration Act does not even contemplate.”

According to Section 17(1)(b) of the Registration Act, all that is required is that the award in question purports or operate to create or declare, assign, limit, or extinguish, whether in present or future, any right, title, or interest to or in immovable property worth one hundred rupees or more.

C1/69—17 of the answers given by the Patna Full Bench in Sheo Narain Lal v. Prabhu Chand(1) held that such awards did not need to be registered, but the case was determined on the question of whether the award in question in that instance intended or operated to establish a right, title, or interest worth more than Rs. 100.

Issues before the Court

The issue before us is whether an award made under the Act on a private reference needs registration under section 17(1)(b) of the Indian Registration Act if it affects the division of immovable property worth more than Rs. 100.
The claim that the award needed registration and that the arbitrators would not submit it until it was registered is also without merit.

The decision of the Court

The case was then appealed to the High Court. According to Capoor, J., the award affected a partition and required registration under section 17(1)(b) of the Indian Registration Act, 1908. The learned Judge disagreed with the decision of the Patna High Court’s Full Bench in Seonarain Lal v. Prabhu Chand, preferring to follow the views expressed by the Bombay High Court in Chimanlal Girdhar Ghanchi v. Dahyabhai Nathubhai Gandhi, the Nagpur High Court in M.A. M. Salamullah Khan v.M. Noorullah Khan, and the Rangoon and by the Calcutta High Court in Nani Bela Saha v. Ram Gopal Saha.

The judgment of the Patna High Court was, however, eventually followed by a Full Bench of the Punjab and Haryana High Court in Sardool Singh v. Hari Singh, ruling, dated November 8, 1966.
The Punjab Full Bench added two more reasons: “Even though an award is registered, it remains a waste paper unless it is made a rule of the Court.” As a result, registration has no bearing on its effectiveness or competence. Section 32 of the I.L.R. 37 Pat.252. The 248 Arbitration Act is specific in that no right can be established on an award as such after the 1940 Arbitration Act comes into force; it is not argued and could not be that the Court has the jurisdiction, under section 16, to remit the award from time to time. If the registration of an award is required before it can be made a rule of the Court under section 17, then every time an award is remitted and a new award is made, the new award must be registered. As a result, in the same controversy, there could be not one but several registrations for the same title, a situation that the Registration Act does not even contemplate.”

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Recently during this Pandemic situation, there have been many instances reported where it has been noticed that advocates/lawyers misbehaving with the Police personnel and even insulting them while they were just performing their duty. This is a shame on the part of Advocates to do so.

As these instances don’t only take place during Pandemic situation but before occurring of Covid-19 there have been numerous similar matters of Advocates misbehaving with Police. On one petition Madras High Court has also framed rules which included the power to debar advocated for such misconduct. This was later struck down by Supreme Court.

Anticipatory bail was filed by an advocate and her daughter where they were alleged for verbal abuse with police regarding COVID lockdown violation. When the following matter came of hearing before Hon’ble Madras High Court felt the need to provide some permanent remedy to such problems that are occurring.

Justice M Dhandapani on Tuesday gave direction to Bar Council of Tamil Nadu to come up with such mechanism which could control the legal fraternity who involve themselves in indiscipline act and misbehave with police personnel on duty.

As such steps are required against those who are not respecting the Public servants and health workers who do their duty without fearing COVID. Which is a risk to them and their family members.

-Report by Riddhi Dubey

About NUALS CCLP:

NUALS: The National University of Advanced Legal Studies [NUALS], established by Act 27 of 2005 of the Kerala State Legislature, is a National Law University in Kochi, India for undergraduate, graduate, and post-graduate legal education. NUALS strives to advance and disseminate learning and knowledge of the law, judicial processes and encourages research activities under dedicated Centres of Research.

CCLP: The Centre for Competition Law and Policy [CCLP] is a Centre for Research, set up with the objective to encourage study and research in Competition Law and Policy. It focuses on disseminating ideas and promoting scholarship and research in competition law through a large network of competition professionals such as regulators, academicians, practitioners, industry experts and students.

The Centre for Competition Law and Policy puts forth the Competition Law e-Newsletter to engage the legal community in thought-provoking discussions on various issues which lie connected to competition law. The e-Newsletter, the first of its kind in the field of Competition Law in India, aims to disseminate knowledge relating to the current developments in the field of competition law.

The article section will consist of theoretical and practicality-based essays. The Newsletter would also include Case Summaries of cases from the Competition Commission of India (CCI), the Supreme Court, as well as Anti-Trust cases from the European Commission and the American courts.

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The Editorial team of the NUALS Competition Law e-Newsletter is inviting original and unpublished manuscripts for the 3^rd Volume of the e-Newsletter from academicians, professionals, and law students. All submissions will undergo a thorough review by the Editorial Board and the selected submissions will be published in the e-Newsletter.

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The exercise instructions dated 21st June 2021 that got here into pressure with instantaneous impact said that the Magistrates having jurisdiction to attempt offenses below the Negotiable Instruments Act, 1881 “shall document cogent and enough reasons” earlier than changing a grievance below sec. 138 of the N.I. Act from precis trial to summons trial in exercising of energy below the second one proviso of sec. 143 of N.I.Act.

“Due care and a warning will be exercised in this regard and the conversion of precise trial to summons trial shall now no longer be in a mechanical manner.” It stated.

Furthermore, it stated: “While engaging in the sort of inquiry below Section 202 Cr.P.C., the proof of witnesses on behalf of the complainant will be authorized to be taken on affidavit. In appropriate cases, the Magistrate might also additionally limit the inquiry to the exam of files for pleasure as to the sufficiency of grounds for proceeding below the stated provision.”

Other instructions issued are as follows:

Trial Court shall deal with the provider of summons in a single grievance below Section 138 N.I. Act forming a part of a transaction, as a deemed provider in admiration of all proceedings filed before the equal Court relating to dishonor of cheques issued as a part of the equal transaction.
Section 258 of Cr.P.C. has no applicability to proceedings below Section 138 of N.I.Act. The words “as a long way as might also additionally be” in Section 143 are used most effectively in admire of applicability of Sections 262 to 265 of the Code and the precise manner to be observed for trials below the stated Code
Trial Courts don’t have any inherent energy to check or take into account the problem of summons on the subject of the grievance filed below Section 138 of N.I. Act. However, the equal shall now no longer affect the energy of the Trial Court below Section 322 of Cr. P.C to revisit the order of difficulty of the system in case it’s far added to the court’s observation appropriate that it lacks jurisdiction to attempt the grievance
The Appellate Courts earlier than which appeals in opposition to the judgments in grievance below Section 138 of N.I. Acts are pending and are directed to take some time to settle the dispute via mediation.

Report by – Manaswa Sharma

Noting that the Police Officer named forty-five men and women withinside the stated F.I.R., who had been unknown to him, the Allahabad High Court ultimate week granted Anticipatory Bail to a person accused of Assaulting Police Officials who had been on election responsibility at some point of the Panchayat Polls in Uttar Pradesh.

The Bench of Justice Rajeev Singh granted Bail to at least one Raj Kumar looking at that custodial interrogation turned into now no longer important withinside the on the spontaneous case.

The on the spontaneous anticipatory bail utility has been filed on behalf of the applicant Raj Kumar named in an in F.I.R. below Sections 147, 148, 149, 395, 397, 332, 353, 504, 506, 427, 336, 307, 34 I.P.C. and Section 7 of Criminal Law Amendment and Sections 131, 132(3), 135A of Representation of People Act.

The Counsel said that it additionally got here into the know-how of the applicant (from backward caste) that his call had additionally been referred to withinside the F.I.R. on the behest of the rivals (from upward class), who had been below the effect that the applicant did now no longer forged his vote of their favor.

On the opposite hand, the A.G.A. antagonistic to the prayer of the applicant and submitted that withinside the stated incident, some of the villagers along with the applicant had assaulted the police employees and withinside the stated incident 4 police employees obtained injuries, therefore, the applicant isn’t entitled to bail.

However, looking at that it turned into glaring that the police officer named forty-five men and women withinside the stated F.I.R., which had been unknown to him, the Court, as a period in-between measure, he turned into granted anticipatory bail.

Advocate Daya Shankar Yadav seemed for the Applicant with inside the matter.

Report by – Manaswa Sharma

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Provide legal counsel and support to global business operations.
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Interacting with business teams, various stake holders and negotiating with customers and vendors to conclude complex commercial contracts with a focus on IT, BPO and/or outsourcing arrangements.
Supporting and counselling business on disputes and litigations including sending and responding to notices, briefing external counsels etc.
Conducting Training sessions for various stakeholders.
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Associate

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Full-time

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The ideal candidate will be responsible for in-house legal matters including drafting agreements, addressing compliance issues, and participating in negotiation discussions. In order to succeed, this candidate should feel comfortable working with in-house and outside counsels on a variety of legal matters.

Responsibilities

Provide legal support to the various internal departments
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Knowledge of civil and criminal law
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Support legal counsel in related assignments

What We Need To See From You

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Bachelors’ degree in LAW
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WeAreSAATH Organisation is inviting applications for Internship cum volunteer program.

ABOUT THE ORGANISATION:

WeAreSAATH ORGANISATION is a professional Social Personal Responsibility initiative by a group of legal professionals, academics, businesspersons, and other contributors from all walks of life-based in Delhi. WeAreSAATH aims to assist the Government to rebuild our nation in the aftermath of the COVID – 19 pandemic.

ABOUT THE PROGRAM:

WeAreSAATH has launched a COVID Compensation Campaign with an aim to help families who have died due to this pandemic to get compensation under various government schemes such as Pradhan Mantri Jeevan Jyoti Bima Yojana and Pradhan Mantri Garib Kalyan Yojana.

ROLES AND RESPONSIBILITIES:

This internship-cum-volunteer program will be totally practical (online) based, which includes the following day to day tasks:
1. Contacting government authorities for collaboration and gathering information.
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3. Drafting legal documents

DURATION:

1 Month

PERKS

After the completion every Intern will get certificates but out of all the interns only 10 will be selected who will get some extra perks such as:
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2. Selected candidates will become the part of organisation operational team.
3. Out of 10 selected interns, one of them will get a chance to lead this campaign.

TERMS AND CONDITION

1. This will be unpaid internship-cum-volunteer program.
2. Decision of selecting candidates will be on the basis of performance during this program and the decision will be binding upon all the candidates. This decision is purely of an administrative nature, and cannot be brought into question at any time.

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Welcome to The Radicals

A one of its kind startup. We are dedicated to imbibe and improve practical learnings and skills in youngsters and teenagers. We invite experts from various fields to gain real life experiences about that field.
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There’s lot of exciting and knowledgable things coming, so we humbly request you to stay connected with us through our social media handles and never miss any future opportunity.

About the Internship:

This is an unpaid internship.

Who can apply –

candidate who are available for work from home.
are available for 2 months.
have relevant skills and knowledge.
Freshers can also apply.

Perks :-

Certificate of Completion
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Case Number

Equivalent Citations

Bench

Date of Judgement

Relevant Act/ Section

Facts of the case and Judgement

Issues before the Court

The decision of the Court

About NUALS CCLP:

About the Newsletter:

Call for Papers:

Submission Guidelines:

Formatting Guidelines:

Contact Info:

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About Wipro Limited:

About Job:

Seniority Level

Industry

Employment Type

Job Functions

How to Apply?

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Responsibilities

Qualifications

Employment Type

How to Apply?

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About SoftwareOne:

About the job

Why SoftwareONE?

The role:

What We Need To See From You

How to Apply?

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ABOUT THE ORGANISATION:

ABOUT THE PROGRAM:

ROLES AND RESPONSIBILITIES:

DURATION:

PERKS

TERMS AND CONDITION

How to Apply?

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