Advocate Satish Mishra

Judicial Discipline again Breached. Again a 3 judge bench of Supreme Court passed orders contrary to same strength  bench on same issue of Land Acquisition matters. Earlier the position was the land acquisition proceedings lapse if the land owner don't take the money. Now after Feb 8 order, the proceedings won't lapse if the offer to take money is made and land owner refuses it. This will create havoc with 5000 land acquisition matters decided by SC, High Court's and District Courts in India. Seeing the gravity of situation,  the ideal would have been to sent the matter to larger bench. All hopes now to correct the breach of judicial discipline by Supreme Court judges.

A 3-judge Bench of the Supreme Court has culled out the broad principles from various precedents in relation to Section 482 of the Code of Criminal Procedure (CrPC) for quashing First Information Reports (FIRs). A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the judgment in an appeal against a decision of the Gujarat High Court. The Gujarat High Court had dismissed an application by the appellants under Section 482 of CrPC seeking quashing of FIR registered against them for offences punishable under Sections 384, 467, 468, 471, 120-B and 506(2) of the Indian Penal Code. The plea for quashing the FIR was advanced on the ground that the appellants had amicably settled the dispute with the complainant. The complainant had also filed an affidavit to that effect. On behalf of the prosecution, the Public Prosecutor had opposed the application for quashing on two grounds. First – the appellants were absconding a...

As per order dated 26.7.2013 passed by Hon'ble High Court of Punjab and Haryana issued directions in CWP no. 15989 of 2013 and in accordance with 'Maintainability of Public Interest Litigation Rules 2010 ' . As per clause 6 of the rules, it is mentioned that'ordinarily, the PIL may be entertained on any subject of vital public importance only.  To peruse the paper book completely, here is the link To have a better look of the entire Rules and Procedures of the Punjab and Haryana High Court, you can read the entire volumes here. For your ready reference the rules are reproduced here: Vol. V. 1 Ch. 1-A(c) [89]MAINTAINBILITY OF PUBLIC INTEREST LITIGATION RULES, 2010  1.(i) These Rules shall be called as MAINTAINBILITY OF PUBLIC INTEREST LITIGATION RULES, 2010. (ii) These Rules shall come into force with effect from the date of approval by the Full Court.  2. No Public Interest Litigation shall be entertained by the Registry unless the petitioner(s) has spe...

Basic concept of 'Replication' and 'rejoinder' 'Replication' and 'rejoinder' have well defined meanings. Replication is a pleading by plaintiff in answer to defendant's plea. 'Rejoinder' is a second pleading by defendant in answer to plaintiff's reply i.e. replication. (2) To reach the avowed goal of expeditious disposal, all interlocutory applications are supposed to be disposed of soon on their filing. A delivery of copy or the I.A. to the counsel for opposite party is a notice of application. Reply, if any, may be filed in between, if the time gap was reasonable enough enabling reply being filed . (3) I.As. which do not involve adjudication of substantive rights of parties and/or which do not require investigation or inquiry into facts are not supposed to be contested by filing written reply and certainly not by filing replication. (4) A replication to written statement is not to be filed nor permitted to be filed ordinarily, much les...

Basic concept of 'Replication' and 'rejoinder' 'Replication' and 'rejoinder' have well defined meanings. Replication is a pleading by plaintiff in answer to defendant's plea. 'Rejoinder' is a second pleading by defendant in answer to plaintiff's reply i.e. replication. (2) To reach the avowed goal of expeditious disposal, all interlocutory applications are supposed to be disposed of soon on their filing. A delivery of copy or the I.A. to the counsel for opposite party is a notice of application. Reply, if any, may be filed in between, if the time gap was reasonable enough enabling reply being filed . (3) I.As. which do not involve adjudication of substantive rights of parties and/or which do not require investigation or inquiry into facts are not supposed to be contested by filing written reply and certainly not by filing replication. (4) A replication to written statement is not to be filed nor permitted to be filed ordinarily, much les...

SARFAESI, 2002 - Securitisation and Reconstruction of Financial Assets & Security Interest, 2002 , Amendment in 2004. Amendments Expected - Central Depository to keep account of all docs, ARC’s Indian Stamp act not applicable, Judge age to be increased from 62-65 DRT- 65-67 DRAT, Jurisdiction to be of bank’s branch location, and DRT to be more stronger, hire purchase and lease agreement to be included with ARC’s to take 100% control of the asset control. DM will assist in taking possession and no civil courts to intervene. Loans applicable - Auto, Student loans, Mortgages, Credit card Receivables, Lease payments, Accounts receivables. When Applicable - Account less than 1 lakh or where principal plus interest in more than 20 % to be proceeded under this act. Agricultural land cannot be proceeded under Sarfaesi. Authorised officer can be Chief Manager. Steps-         0. NPA declared as per RBI guidelines. 1.   ...