Videos

YouTube Channel | YouTube Playlists | News & Interviews

V123- Transfer petition in Supreme Court of India for Divorce, Restitution, Custody, Maintenance.

*****DISCLAIMER******

THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to ...stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice. The information may not be the latest as it takes into account the law as of the date of recording of the video.

IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO CONTACT AT +91 9599732224 by Call or WhatsApp Message.

****************
PRESENTED BY: Prashant Kanha, Advocate on Record, Supreme Court of India, New Delhi. He is based out of Delhi and practices law mainly in the Supreme Court of India and High Court of Delhi conducts arbitration as an arbitrator as well as a lawyer besides practicing before many other courts and Tribunals across India in various fields with the help of his team of lawyers.[+] Show More

V123- Transfer petition in Supreme Court of India for Divorce, Restitution, Custody, Maintenance.

*****DISCLAIMER****** THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR ...

V122: Quashing of FIR or criminal case and grant of interim relief. Supreme Court guidelines.

Quashing of an FIR or criminal case" means a court order to completely ...

Quashing of an FIR or criminal case" means a court order to completely dismiss a First Information Report (FIR) or criminal proceedings, essentially removing the case from the legal system, ...and "grant of interim relief" refers to a temporary order issued by the court during the pendency of a petition to quash an FIR, usually pausing further investigation or proceedings until the final decision on quashing is made, but this is only granted in rare situations with compelling reasons.

A First Information Report (FIR) can be quashed on several grounds, including:
- Ingredients of Offence missing from reading of FIR.
-Lack of evidence: If there is not enough evidence to establish a case against the accused
-Lack of prima facie case: If the allegations in the FIR do not constitute a cognizable offence
-Compromise between parties: If the complainant and accused have reached a settlement
-Abuse of legal process: If the FIR was filed to harass the accused or for ulterior motives
-Violation of legal rights: If the FIR was filed in violation of the accused's fundamental rights
-Compelling circumstances: If continuing the legal proceedings would cause extreme hardship to the accused
-Frivolous or vexatious allegations: If the FIR was filed with malicious intent
-Legal bar: If there is a legal bar against the proceeding

******DISCLAIMER******

THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice. The information may not be the latest as it takes into account the law as of the date of recording of the video.

IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO CONTACT AT +91 9599732224 by Call or WhatsApp Message.

****************
PRESENTED BY: Prashant Kanha, Advocate on Record, Supreme Court of India, New Delhi. He is based out of Delhi and practices law mainly in the Supreme Court of India and High Court of Delhi conducts arbitration as an arbitrator as well as a lawyer besides practicing before many other courts and Tribunals across India in various fields with the help of his team of lawyers.[+] Show More

V121- Section 138 141 Negotiable Instruments Act. Directors & Company - Accused. Complaint & Summon

Comprehensive Analysis of Section 138 and 141 of the Negotiable ...

Comprehensive Analysis of Section 138 and 141 of the Negotiable Instruments Act, 1881 with Relevant Case Laws
Section 138 criminalizes the dishonor of cheques due to insufficient funds or exceeding the ...arrangement with the bank. This provision ensures the reliability of cheques in commercial transactions.

Punishment: Imprisonment up to two years, or Fine up to twice the cheque amount, or Both.

Essential Conditions:

The cheque must be issued for a legally enforceable debt or liability.

The cheque must be presented within 3 months or its validity period.

A legal notice must be issued within 30 days of dishonor.

The drawer must fail to pay within 15 days of notice receipt.

2. Section 141 – Offences by Companies

Section 141 extends liability for cheque dishonor to companies and individuals responsible for its operations. Vicarious liability applies to directors and officers only if the company is prosecuted.

Conditions:

The company must be arraigned as an accused.

The accused must have been in charge of and responsible for company operations.

3. Section 142 – Procedure for Cognizance

Complaints must be filed within one month of the cause of action.

Only the payee or holder in due course can file the complaint.

The complaint must be filed before a competent magistrate.

II. Judicial Interpretation of Vicarious Liability

1. Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd. [(2012) 5 SCC 661]

Issue: Can directors be prosecuted without the company?

Judgment:
The Supreme Court held that arraigning the company is mandatory. Directors or officers cannot be prosecuted unless the company is made a party.

Observation:
"Commission of an offence by the company is a condition precedent to attract the vicarious liability of others."

2. Anil Gupta v. Star India Pvt. Ltd. [(2014) 10 SCC 373]

Issue: Can proceedings continue against a director without the company?

Judgment:
Failure to arraign the company is a substantive defect. The Supreme Court quashed the proceedings against the director.

Observation:
*"The company, being the principal offender, must be made a party."

3. N. Harihara Krishnan v. J. Thomas [(2018) 13 SCC 663]

Issue: Can a director be prosecuted without the company?

****************
PRESENTED BY: Prashant Kanha, Advocate on Record, Supreme Court of India, New Delhi. He is based out of Delhi and practices law mainly in the Supreme Court of India and High Court of Delhi conducts arbitration as an arbitrator as well as a lawyer besides practicing before many other courts and Tribunals across India in various fields with the help of his team of lawyers.

IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO CONTACT AT +91 9599732224. By Call or WhatsApp Message.

******DISCLAIMER******

THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice.
The information may not be the latest as it takes into account the law as of the date of recording of the video.[+] Show More

V120- RERA rehab centre for retired bureaucrats who undermined its powers-SC | NDTV | Pashant Kanha

V-119 Societies Registrar cannot cancel Registration of Apartment Owners Association? Prashant Kanha

Under the Societies Registration Act 1860 as amended in Uttar Pradesh, ...

JD-2 - Electoral Bond | Judgment Delivery | Supreme Court of India

Association for Democratic Reforms & Anr. v. Union of India & Ors., ...

V118- Vakalatnama in Supreme Court, Execution Rules.

00:00 Introduction 00:45 Order 4 Rule 7 Subrule C 1:26 Rule 7 (a) 2:40 ...

00:00 Introduction
00:45 Order 4 Rule 7 Subrule C
1:26 Rule 7 (a)
2:40 Rule 7 (b)
3:58 Format of Vakalatnama
4:34 Certified by Advocate
4:45 Satisfied by Advocate
4:49 How to Satisfy Sign
5:46 Conclusion

PRESENTED ...BY: Prashant Kanha, Advocate on Record, Supreme Court of India, New Delhi. You can know more about him by visiting Prashant Kanha AOR | Advocate on Record Supreme Court of India.

IN CASE OF ANY SUGGESTION, OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION ABOUT THE VIDEO, PLEASE CONTACT AT +91 8920718595.
+91 9910757999 through WhatsApp or Call.

****DISCLAIMER****

THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR A LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all cases. As such always seek independent legal advice.

***ABOUT THE VIDEO****

SUPREME COURT RULES ORDER- IV Rule -7
Rule-7 (c) No advocate other than an advocate-on-record shall be entitled to file an appearance or act for a party in the Court.

Supreme Court Rules IV Rules-7

7. (a) An advocate-on-record shall, on his filing a memorandum of appearance on behalf of a party accompanied by a vakalatnama duly executed by the party, be entitled-

1. to act as well as to plead for the party in the matter and to conduct and prosecute before the Court all proceedings that may be taken in respect of the said matter or any application connected with the same or any decree or order passed therein including proceedings in taxation and applications for review; and

2. to deposit and receive money on behalf of the said party.

Supreme Court Rules IV Rules-7

7. (a) …
(b)

Where the vakalatnama is executed in the presence of the Advocate-on-Record, he shall certify that it was executed in his presence.

Where the Advocate-on-Record merely accepts the vakalatnama which is already duly executed in the presence of a Notary or an advocate, he shall make an endorsement thereon that he has satisfied himself about the due execution of the vakalatnama.

How To Satisfy Sign When not signed before AOR
TAKE COPIES OF:
• PAN CARD
• AADHAR CARD
• Keep copies of same in your record
Crosscheck copies with original.[+] Show More

V117- Extraordinary Original Jurisdiction of the Supreme Court of India. Article 32

TIMELINE 00:00 Introduction 00:11 What is Extraordinary Original ...

TIMELINE

00:00 Introduction
00:11 What is Extraordinary Original Jurisdiction Of the Court
1:11 Article 32
3:19 Types Of Writs
9:38 ...Conclusion

PRESENTED BY: Prashant Kanha, Advocate on Record, Supreme Court of India, New Delhi. You can know more about him by visiting Prashant Kanha AOR | Advocate on Record Supreme Court of India

IN CASE OF ANY SUGGESTION, OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION ABOUT THE VIDEO, PLEASE CONTACT AT +91 8920718595.
+91 9910757999 through WhatsApp or Call.

****DISCLAIMER****

THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR A LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.

All due care has been taken by the presenter to stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all cases. As such always seek independent legal advice.

***ABOUT THE VIDEO****

Corrigendum
Inadvertently mentioned Tamil Nadu Instead of Madras, At Min 5:27
Inadvertently mentioned 1951 Instead of 1950, At min 5:49

IMPORTANT LINKS

Romesh thappar versus state of Madras (1950) SCR594
https://indiankanoon.org/doc/456839/
Coffee board, Bangalore verses Joint Commercial tax officer, Madras (1969)3 SCC 349 https://indiankanoon.org/doc/1009711/

Article 32 -Remedies for enforcement of rights conferred by this Part.

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Article 32A. [Constitutional validity of State laws not to be considered in proceedings under article 32.].—Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).

TYPES OF WRITS
1. HABEAS CORPUS
The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas corpus, the Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.
2. MANDAMUS
The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.
3. PROHIBITION
The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.

4. CERTIORARI
The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents but also cures for the mistakes in the judiciary.
5. QUO-WARRANTO
The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquires into the legality of a claim of a person to a public office.[+] Show More