Shivrang Yadavrao Waghmare was appointed as a Judicial Magistrate on 01.03.1985. He was dismissed from service on 15.01.2004. The allegation was that Justice Waghmare had a ‘proximate relationship’ with a lawyer and thus, decided favorably in favor of the lawyer’s clients, including the lawyer’s family when they were parties to certain proceedings. This is ‘gratification’ […]
Read more "Purity of Character"“The sheet anchor is the Constitution Bench Judgment in P. Vajravelu Mudaliar, (1965) 1 SCR 614 and Nagpur Improvement Trust, (1973) 1 SCC 500. In Nagpur Improvement Trust a Seven-Judge Bench of this Court examined the matter in some detail, and followed P. Vajravelu Mudaliar together with another Judgment, Balammal, (1969) 1 SCR 90. Both, […]
Read more "The Revival of Ray XXVIII"The incident occurred on 01.05.1997. Additional Sessions Judge, Ambala adjudicated with finality on 09.06.1998. High Court of Punjab and Haryana adjudicated with finality on 05.03.2008. It wasn’t ever final. Smt. Gargi [Wife] was charged with the imputation that she killed Tirloki Nath [Husband] by strangulation and hung the dead body, as if it were a […]
Read more "The Perfect Murder"It is, most often, not permissible to read words in a statute which are not there. But, where the alternative lies between either supplying by implication certain words which appear to have been accidentally omitted, or adopting a construction which deprives certain existing words of all meaning, it is permissible to supply the words. “In […]
Read more "Word Supply / The Revival of Ray XXVII"Anant Mills Co. Ltd. v. State of Gujarat and Others, (1975) 2 SCC 175 considered challenge to the validity of Section 406, The Bombay Provincial Municipal Corporations Act, 1949. The principles laid down in Anant Mills Co. Ltd. and in Seth Nand Lal, 1980 (Supp) SCC 574 have consistently been followed, for instance in (i) […]
Read more "The Revival of Ray XXVI"Hon’ble Judges R.F. Nariman and Indu Malhotra, on 13.07.2018, questioned the view of Hon’ble Judges D.M. Dharmadhikari and B.N. Srikrishna, as declared on 14.01.2005 [HUDA v. Sunita, (2005) 2 SCC 479]. The question was right. _____ It is established that a beneficial or remedial legislation needs ‘fair and liberal interpretation’ [Om Prakash, (2017) 9 SCC 724]. The definition of […]
Read more "Economic Adventures of Statutory Bodies"“The territories forming part of Goa, Daman and Diu were part of the kingdom of Portugal. They were annexed by the Government of India by conquest on 20.12.1961 and became a part of India by virtue of Article 1(3)(c) of the Constitution. The President of India, exercising powers vested in him under Article 123(1) of […]
Read more "Civil Code in Goa"