Law and Literature

Wars fought for glory Lives lost for territory Burnt houses all around Silence breaks as the canon sounds Only pain and suffering all around and  peace is nowhere to be found. They march on the distant lands, shedding foreign bloods they charge. Many lost their sons,  many lost their brothers. Fighting wars from one country to another leaving footprints as they leave this world forever. Their Bravery is widely feared with loyalty that runs deep within. A  khukuri  that gives them power and pride,  Alas! for what a hefty price A son of the soil who battled for another,  A mass sacrifice still unjustified.   Corpses lying everywhere.  death is just another phase of life. and when the evening sun soaks their blood  A prayer for the memory of the lost ones. The world remembers their stories of gallant  Their valor flows like a flood Is it only violence what they can offer ? is this repute the hefty price! A gorkha's fire depicted with violen...

The doctrine of Lis Pendens is expressed in the maxim ‘ut lite pendente nihil innovetur.’ the doctrine imposes a prohibition of transfer or any otherwise dealings of the suit property during the pendency of the suit. In Bellamy Vs. Sabine, (1857) 1 De G & J 566 Lord Justice Turner held that: "It is, as I thing, a doctrine common to the Courts both of Law and Equity, and rests, as I apprehend, upon this foundation that it would plainly be impossible that any action or suit could be brought to a successful termination, if alienation s pendente lite were permitted to prevail. The plaintiff would be liable in every case to be defeated by the defendant's alienating before the judgment or decree, and would be driven to commence his proceedings de novo, subject again to be defeated by the same course of proceeding." What really is the object and purport of Section 52? Does it not create only a right to be enforced to avoid a transfer made  pendent lite ?   In  Ramjidas Nattu...

Section 18 of the SARFESI Act, 2002 stipulates that right of the party aggrieved by the order u/s 17 to appeal before the appellate tribunal within 30 days. It mandates a prescribed fee of 50 % of the debt due and  strictly mentions that no appeal shall be entertained unless the borrower has deposited with the Appellate Tribunal fifty per cent. of the amount of debt due from him, as claimed by the secured creditors or determined by the Debts Recovery Tribunal, whichever is less. The debt due is to be deposited before the DRAT as a mandatory requirement, but the Supreme Court in various cases have opined that in appropriate cases for reasons to be recorded the deposit of at least 25% per cent of the debt due would be permissible, but not entire waiver. In Sidha Neelkanth Paper Industries (P) Ltd. v. Prudent ARC Ltd., 2023 SCC OnLine SC 12, The Supreme Court  posed a few questions for consideration: W hether, while calculating the amount to be deposited as pre - deposit under Se...

  The lament of Lord Denning in  Allen v. Sir Alfred McAlpine & Sons [(1968) 2 QB 229   that “ law's delays have been intolerable and last so long as to turn justice sour, is true of our legal system as well. Should that state of affairs continue for all times” ?   When a party institutes  a suit, the court after due consideration issues a summons to the defendant. The statutory obligation of the defendants as per order 8 Rule 1 of the CPC is that the defendant shall present a written statement of his defence from the date of service of the summons. The time limit to to file the written statement is 30 days and an additional 90 days further is granted by the court if there are sufficient reasons provided by the defendant for such delay. Failure to file a written statement beyond the 120 days(90 + 30) would render the right of defence of the defendant closed and the court would proceed to pronounce the judgement in relation to suit as it deems ...