Sedition: An Anarchic Law Used to Suppress Freedom of Speech

"The following article is written by Mr. Rohan Yadav, a 3rd year law student at O.P Jindal University."

(Image taken from here.)

Sedition, defined as inciting of ‘public disorder’ or ‘hatred’ against a lawful authority, acts as a deterrent for the general public to express their views. Sedition laws mostly affect artists, media people, activists etc. The respective elected governments, politicians and ministers seem to enjoy the provisions of the sedition laws to the fullest as it acts as a shield for them. Thus living in the 21st Century there is a need for declaring Sedition as unconstitutional as it violates Article 19(1)(a) of the Indian Constitution which gives citizens the right to freedom of speech and expression.

SC: Limitation Not a Preliminary Issue under Section 9A (Per Incuriam?)

Section 9A which was inserted by a State Amendment to the Code of Civil Procedure, 1908 provides that when at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken, such issue to be decided by the court as a preliminary issue and the court must first proceed to determine the issue of jurisdiction as a preliminary issue before granting for setting aside the order granting the interim relief.

Till date, the Judges of the Civil Courts in Maharashtra would entertain even issues of limitation in section 9A applications. However, the Hon’ble Supreme Court has recently held in Kamalakar Eknath Salunkhe vs. Baburav Vishnu Javalkar & Ors. (Civil Appeal No. 1085 of 2015) that the word ‘jurisdiction’ used in section 9A did not include issues of limitation. However, the judgement has received some criticism, even from the Judges of the Supreme Court itself.

Specific Performance of Agreement for Sale - Leave under clause XII of Letters Patent

The Hon’ble Bombay High Court has held in Annete Bulchandani vs Mrs. Iris Fernandes & Ors that a suit for specific performance of an agreement for sale of land situated outside the jurisdiction of the Hon’ble Bombay High Court will be maintainable in the Court, after seeking leave under Clause 12 of the Letters Patent, even if the proposed Plaintiff has alternatively  prayed for setting aside sale of the land to a subsequent transferee. Judgment  can be found here. 

When does the right to sue accrue? - Limitation Act, 1963

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As per Article 58 of, under Part II of the Schedule of the Limitation Act, 1963, ("the Act") the period of limitation to obtain any declaration (other than those classes of declarations mentioned in Articles 56 and 57 of the Act) is three years from the date the 'right to sue first accrues'. 

Article 113, on the other hand, which is the residuary article states that the period of limitation for any suit for which no period of limitation is provided elsewhere the Schedule, is three years from the date the 'right to sue accrues'.

It is often difficult to ascertain when the right to sue accrues, especially in declaratory suits in which there may not even be a clear cause of action. Courts have analyzed these phrases and laid down guidelines to determine when the 'right to sue accrues' or when the 'right to sue first accrues'. 

Is Right to Education a Success?

“What sculpture is to a block of marble,

Education is to the human soul”

                                  -Joseph Addison

The RTE act holds, all children regardless of their family backgrounds or individual profiles should have access to a meaningful education that empowers them to be a part of today’s human race all over the world.