Euclid’s Theorem III

“This Court has held that Judgments of Courts are not to be construed as statutes, neither are they to be read as Euclid’s theorems. All observations made must be read in the context in which they appear. This Court in Amrit Lal Manchanda, (2004) 3 SCC 75 held as follows: “Judges interpret words of statutes. […]

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Referred to Larger Bench XXI: Residence-Based Reservation / The Revival of Ray XXXIV

My Lord, Domicile/Residence-Based Reservation in Admission to PG Medical Courses within State Quota is Constitutionally Valid? In Dr. Tanvi Behl v. Shrey Goel, [Civil Appeal No. 9289 of 2019] SC observed that, in Saurabh Chaudri, (2013) 11 SCC 146 the answer was affirmative; that, Saurabh Chaudri in Paragraph 31 referred to State of U.P. v. […]

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Section 16 of The Arbitration Act

“Section 11 was substantially amended by The Amendment Act of 2015. By virtue of the non obstante clause incorporated in Section 11(6A), Patel Engineering, (2005) 8 SCC 618 and Boghara Polyfab, (2009) 1 SCC 26 were legislatively over­ruled. The scope of examination is now confined only to the existence of the Arbitration Agreement at the […]

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