Particulars required to be given in Anticipatory bail appliacation filed after submission of charge-sheet

In a significant judgment concerning anticipatory bail, the Supreme Court five-judge bench had ruled unanimously in Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 that as a general rule no limits or a fixed period be ordered while granting anticipatory bail under S.438 CrPC. Further the Court held that the duration of anticipatory bail does not end at the time when accused is summoned by the Court, or where charges are framed. It held that the same will continue till the end of the trial.

After referring the above case and various other case, the Allahabad High Court in Shivam vs State of UP and another Crl.Misc.Appl-2110 of 2021, laid down certain conditions and guidelines to test whether an anticipatory bail should be granted or not after filing of charge sheet. It also laid down certain additional guidlines to note when an application for such bail … Read more

guidelines- when Anticipatory bail should not be granted after filing charge-sheet?

In the case of Shivam vs State of UP and another Crl.Misc.Appl-2110 of 2021, Allahabad High Court laid down the following guidelines to consider when anticipatory bail application should not be granted after filing of charge-sheet.

1) Where the Investigating Officer has submitted a charge-sheet but it is argued that the statements of the witnesses recorded are not truthful. Truthfulness or otherwise of the statements of the witnesses recorded by investigating officer in support of complaint case are to be tested during the trial and not at the stage of consideration of anticipatory bail application;

2) Where the F.I.R/complaint discloses the alleged offences and the Investigating Officer has collected material which supports the same, without any contradiction, even after considering the statements/material provided by the accused side;

3) Where there are cross cases registered by both the parties against each other and the offences alleged is fully proved and charge-sheet … Read more

Granting of Anticipatory Bail even after submission of charge sheet-Guidelines

In the case of Shivam vs State of UP and another Crl.Misc.Appl-2110 of 2021, Allahabad High Court laid down the following guidelines to consider when anticipatory bail application is filed after filing of charge-sheet.

The following can be considered as “appropriate cases” for grant of anticipatory bail to an accused apprehending arrest, even after submission of charge-sheet against the accused by the Investigating Officer of the police/after taking cognizance of offence against accused under Section 204 Cr.P.C. by the Court :-

1) Where the charge-sheet has been submitted by the Investigating Officer/cognizance has been taken by the Court, but the merits of the F.I.R/complaint that has been lodged by the informant/complainant are such that it cannot be proved against the accused in the Court;

2) Where there exists a civil remedy and resort has been made to criminal remedy. This has been done because either the civil remedy has become … Read more

Powers, Rights and Authority of Agent

No consideration is necessary to create an agency. He is appointed to do some particular task by the principal. He has to do the duty within the guidelines as mentioned by the Principal for the work entrusted. However, he has some rights or powers which he can exercise while lawfully carrying out the work entrusted by the Principal.

The below is a few of such Powers and Rights of the Agent.

1 Authority to do all acts necessary to carry out transaction

An agent can do the act entrusted by the Principal by resorting to every lawful means necessary inorder to carry out such act. This is described under S.188 of the Indian Contract Act. He can do every act which is done in the ordinary course of business in carrying out such act in a lawful manner.

2 Authority to do acts to prevent loss

An agent is supposed … Read more

Classification of Agents-Law Notes-Indian Contract Act

There are no clear divisions for types of Agents in Indian Contract Act. However, in business transactions, they can be divided into many. A few of them are noted below:

General Agent
A general agent is meant to do all transactions relating to a specific job assigned to him.

Special Agent– Agent appointed to do a singular specific act.
When a person appoints another as his representative to carry out certain functions in relation to a specific task, he is called a special agent. A may employ B to carry out certain transactions relating to A’s property with third parties. Here B is the special agent of A. A cannot do any other transaction not relating to the specific task entrusted to him with third parties.

Sub-Agent-
A sub-agent is a person employed by and acting under the control of the original agent appointed by the Principal. When … Read more

Types of Agency-Indian Contract Act

Types of Agency

An agency is a process/transaction by which a person acts for and on behalf of another. He is called an agent as per Indian Contract Act and the one person for which he acts /represents is called the Principal.

Types of Agency as can be inferred from the Indian Contract Act are mentioned below:

1) Express Agency

As per S.187 of Indian Contract Act, 1872, an authority is said to be express when it is given by words spoken or written.

A contract of agency can be made orally or in writing. In India, the Power of Attorney Act is an example of a written contract of agency. General and Specific Power of attorneys are given on the basis of nature of transaction to be entrusted with the agent. An advocate is an agent of his client and the Vakalatnama is the written contract between them. However, … Read more

Agency in Indian Contract Act-Meaning & Definition

Indian Contract Act defines agent and principal, but not agency.

The definition of Agent and Principal in Indian Contract Act, 1872:

S.182. “Agent” and “principal” defined –
An “agent” is a person employed to do any act for another or to represent another in dealing with third persons. The person for whom such act is done, or who is so represented, is called the “principal”.

As per Black’s Law Dictionary 6th Edition p.63:
A person authorized by another (principal) to act for or in place of him; one instructed with another’s business. Humphries v. Going, D.C.N.C., 59 F.R.D. 583, 587. One who represents and acts for another under the contract or relation of agency (q.v.). A business representative, whose function is to bring about, modify, affect, accept performance of, or terminate contractual obligations between principal and third persons. One who undertakes to transact some business, or to manage some affair, … Read more

Important Case Law-Indian Contract-Communication of Offer and Acceptance-Lalman Shukla vs Gauri Dutt

Indian Contract Act is all about offer and acceptance, its communication, and other things related to it. Offer and Acceptance is the backbone of any contract. For both, communication is necessary. Indian Contract Act lays down specific provisions as to how communication of offer or acceptance is said to be complete in the eyes of law. There should be an acceptance of an offer to make it a contract. For accepting an offer, there should be knowledgeable about the offer and the party must act on that. The landmark case in Indian Judiciary regarding the communication of offer and its acceptance to form a legit contract is Lalman Shukla vs. Gauri Dutt which we discuss below.

First of all, let us peruse the relevant provisions of law in this regard.

Section 2(a)
When one person signifies to another his willingness to do or to abstain from doing anything, with a
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Advocates-on-Record Exam 2021 announced-Supreme Court

The Supreme Court has notified regarding Advocates-on-Record Examination 2021. Last date for submission is 26.04.2021. Read the notification below and download the notification, syllabus and other relevant matters in a PDF Format in the link below the post.

NOTIFICATION

  1. Under Rule 5 (i) and (ii) of Order IV, Supreme Court Rules, 2013 and Regulation 2 of the Regulations regarding Advocates-on-Record Examination made thereunder governing the Examination for Advocates-on-Record, it is hereby notified for the information of all concerned that the next Examination for the Advocates-on-Record will be held in the Supreme Court Premises, New Delhi on 8th, 9th, 10th and 11th June, 2021.
  2. All Advocates who will be completing one year’s continuous training on or before 30th April, 2021 are eligible to appear for the aforesaid examination.
  3. Applications should reach the Secretary, Board of Examiners, by 26th April, 2021. The application forms may be obtained from the office of the
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judgment of the First Appellate Court should not be interfered with by the High Court u/S 100 CPC, unless there is a substantial question of law

In Mallanaguoda and ors vs. Ninganagouda and others (Civil Appeal No .805 of 2021) delivered on March 12, 2021, Supreme Court reiterated that the judgment of the First Appellate Court should not be interfered with by the High Court in exercise of its jurisdiction under Section 100 CPC, unless there is a substantial question of law. Section 100 CPC deals with Second Appeal.

For ease of reference, the section is noted below:

“100. Second appeal:

(1)Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.

(2) An appeal may lie under this section from an appellate decree passed ex parte.

(3)In … Read more