Critical analysis on Nyaya Panchayats in India

 What is Nyaya Panchayat?

A Nyaya Panchayat is a dispute resolution system at the grassroots level in India. The word “Panchayat” means a group of people in a village who enjoy respect from their community and have the authority to issue orders to the community. And the word “Nyaya” means justice. Even in the earlier period of Indian culture, village communities created their panchayats. Nyaya Panchayats have jurisdiction over a range of civil disputes, including property disputes, family matters, land-related issues, and minor criminal offenses. They can only fine up to ₹100 and cannot send anyone to jail. The decisions are often influenced by cultural norms and community consensus. Participation in Nyaya Panchayat proceedings is generally voluntary, and both parties in a dispute must agree to bring their case before the Panchayat.

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Bombay High court imposes costs of five lakhs on defendant who made application for sending summary suit to Commercial courts to delay the proceeding

  Keeping in mind the objectives of the summary procedure under Order XXXVII of the CPC, so that cases falling in the specific classes of suits as specified in Rule 2 of Order XXXVII of the CPC, are disposed of expeditiously by following a summary procedure, I am of the view that the whole endeavour by the Defendants is to delay the progress of the Summary Suit. The very fact that this Application is filed after the Interim Application seeking dismissal of the Suit on the purported ground of breach of Section 12A of the said Act, itself is a pointer to the conduct of the Defendants in proceeding in the suit. Therefore, I also propose to impose exemplary costs of Rs. 5 lacs to be paid by the Defendants to the High Court Non Gazetted Ministerial Staff Association, Mumbai within a period of two weeks. {Para 30}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO. 6341 OF 2024

IN

SUMMARY SUIT NO. 18 OF 2023

VARANIUM CLOUD LIMITED …APPLICANT

IN THE MATTER BETWEEN

ROLTA PRIVATE LIMITED AND ANR. …PLAINTIFFS

VS

VARANIUM CLOUD LIMITED AND ANR. …DEFENDANTS

CORAM :ABHAY AHUJA, J.

PRONOUNCED ON: 11 TH NOVEMBER, 2024.

Read full Judgment here : Click here.

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Bombay HC: A dispute arising out of a singular transaction of assignment of debt cannot be considered a 'commercial dispute'

In the facts of this case, the dispute relating to the transaction of assignment of debt by the Plaintiff No. 1 in favour of the Defendant No.1 not being a dispute arising out of an ordinary transaction of a merchant, financier or a trader, and obviously not a banker nor a dispute arising out of any of the items mentioned in Section 2(1)(c) (ii) to (xiii), the dispute relating to the breach of the agreement dated 7th July, 2023 would not be a commercial dispute arising out of ordinary transactions of merchants, bankers, financiers and traders as defined under Section 2(1)(c)(i) of the said Act nor any other items at (ii) to (xiii) even if the purpose be otherwise commercial and therefore, would not fall within the jurisdiction of the Commercial Division of this Court. If the dispute as held is not commercial dispute, even if the dispute is above the specified value that would be of no consequence. Also the reliance upon the other sections of the said Act including Sections 4, 7 and 15 as well as the preamble of the said Act would in my view not assist the case of Mr. Narvekar’s clients.{Para 27}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO. 6341 OF 2024

IN

SUMMARY SUIT NO. 18 OF 2023

VARANIUM CLOUD LIMITED …APPLICANT

IN THE MATTER BETWEEN

ROLTA PRIVATE LIMITED AND ANR. …PLAINTIFFS

VS

VARANIUM CLOUD LIMITED AND ANR. …DEFENDANTS

CORAM :ABHAY AHUJA, J.

PRONOUNCED ON: 11 TH NOVEMBER, 2024

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Regionalism as a Divisive Factor in Indian Constitutional Law

 Regionalism in India, characterized by the emphasis on regional identities and interests, often acts as a divisive factor within the framework of Indian constitutional law. The country’s vast diversity—encompassing various languages, cultures, and ethnicities—has led to the emergence of regional movements that can challenge national unity. This article explores how regionalism manifests as a divisive factor in Indian constitutional law and its implications for governance and social cohesion.

Constitutional Provisions Addressing Regionalism

State Reorganization

The State Reorganization Act of 1956 was a landmark legislation that reorganized states on a linguistic basis, resulting in the creation of 14 states and 6 Union Territories. This act aimed to address regional aspirations while promoting administrative efficiency. The Fazl Ali Commission, which recommended this reorganization, emphasized factors such as linguistic and cultural homogeneity, economic viability, and the need for promoting welfare among the people.

 Federal Structure

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