Ubi Jus Ibi Remedium

* Published in 3 SCHOLASTICUS 2005, pp. 170-176 (Bi-annual publication of NLU Jodhpur) 1. introduction A Bench comprised of two learned judges of the Hon’ble Supreme Court in Topline Shoes Ltd. v. Corporation Bank [1] , held as under: “11. …the provision as contained under Clause (a) of Sub-section (2) of Section 13 is procedural in nature. It is also clear that with a view to achieve the object of the enactment, that there may be speedy disposal of such cases, that it has been provided that reply is to be filed within 30 days and the extension of time may not exceed 15 days. This provision envisages that proceedings may not be prolonged for a very long time without the opposite party having filed his reply. No penal consequences have however been provided in case extension of time exceeds 15 days. Therefore, it could not be said that any substantive right accrued in favour of the appellant or there was any kind of bar of limitation in filing of the reply within extended time th...

Is it justified to commit an offence to expose an offence? * Published in CNN, Vol. 3, No. 9, September 2005, pp. 39-41 The advent of miniaturized audio and video technology, specially the pin-hole camera technology, enables one to clandestinely make a video/audio recording of a conversation and actions of individuals. In India, the Media has been first to grab this state of the art technology to conduct ‘sting operations’ to expose an offence before the police or the Judiciary takes the cognizance of the matter. The phrase ‘sting operation’ illuminates the impact of secret media coverage on a person’s reputation by creating a widespread perception of guilt regardless of any verdict in a court of law. Thus the media, the supposed fourth pillar of our democracy, usurps the role of the executive and the judiciary. This is not only a sheer violation of state’s substantive and procedural penal laws but a hit on the face of the entire Constitutional framework as well. There is no c...

An LL.B. is the award of the degree of Bachelor of Laws. LL.B. is a Latin word. It stands for ‘ Legum Baccalaureus’ , signifying ' Bachelor of Laws'. In Latin abbreviations, the plural form of a word is indicated by doubling the letter- hence ‘ LL .’ is short for Laws. LL.M. is Latin abbreviation for Legum Magister , signifying 'Master of Laws'. LL.D. is Latin abbreviation for Legum Doctor , signifying 'Doctor of Laws'. JJ. is Latin abbreviation for "Justices". pp. is Latin abbreviation for "pages".   ************************************* Praveen Kumar Jain Advocate, Supreme Court of India Mobile: +91 98712 78525 Email: pkj@lawyer.com

*Published in "LEGAL NEWS & VIEWS", Vol. 19, No. 6, June 2005, pp. 14-15 ( A monthly publication of Indian Social Institue, New Delhi - 110 003) When a potential consumer goes to buy some goods e.g. electronics or vehicle for private use etc. or to hire any service e.g. insurance, electricity or housing construction, etc., he may be required to sign on an agreement paper in which an arbitration clause is also appended. In case a dispute arises out of the transaction, the question pops up whether the aggrieved consumer can approach the Consumer Forum/Commissions or he is bound to be dragged in arbitration proceedings. In other words, whether he has the option of seeking relief in the Consumer Forum/Commissions by avoiding the arbitration. On the one hand, Section 5 of The Arbitration and Conciliation Act, 1996("Act of 1996") provides that notwithstanding anything contained in any other law for the time being in force, in matters governed by Part I, no judicial ...