The Doctrine of Waiver

Waiver is abandonment of a right which normally everybody is at liberty to waive [Pravesh Kumar Sachdeva v. State of Uttar Pradesh, (2018) 10 SCC 628]. Waiver of mandatory requirement of a statute was considered by this Court in depth in Commissioner of Customs, Mumbai v. Virgo Steels, Bombay, (2002) 4 SCC 316. Similarly, in […]

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Faction-Ridden Village Community

A land dispute caused loss of life of Abdul Wahab. An endeavour to escape by taking shelter did not succeed. Taijuddin said, “Wahab is there in house of Shorab“. It is right, mere fact of not being brave enough to conceal where Wahab was hiding doesn’t make Taijuddin part of an unlawful assembly. Once we […]

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Environmental Jurisprudence II

United Nations Conference on Human Environment at Stockholm in 1972, United Nations Conference on Environment and Development known as Rio de Janeiro Earth Summit in 1992, World Summit on Sustainable Development in Johannesburg in 2002 and Glasgow Climate Change Conference in 2021 have all voiced grave concerns about global environmental degradation resulting in extinction of […]

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Witness Protection

Mrinal Das v. State of Tripura, (2011) 9 SCC 479 observed, credible evidence even of a hostile witness can form basis for conviction in a criminal trial. It is a harsh reality, particularly, in those cases where accused persons/criminals are tried for heinous offences, or where accused persons are influential persons or in a dominating […]

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Review of Death Penalty XXI

It would be profitable to refer to Mohd. Mannan v. State of Bihar, (2019) 16 SCC 584 in which it was held, before imposing extreme penalty of Death Sentence, Court should satisfy itself Death Sentence is imperative, as otherwise convict would be a threat to society and there is no possibility of reform or rehabilitation […]

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Fraud

As per settled proposition of law, mere mentioning and using of word ‘fraud’/’fraudulent’ is not sufficient to satisfy test of ‘fraud’. Hon’ble Justice Vivian Bose, Bishundeo Narain v. Seogeni Rai, (1951) SCR 548: “Now if there is one rule which is better established than any other, it is – in cases of fraud, undue influence and […]

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Section 307, Indian Penal Code

It is by now a lucid dictum, for purpose of constituting an offence under Section 307, IPC, there are two ingredients – first, whether there was any intention or knowledge on part of accused to cause death of victim, and, second, such intent or knowledge was followed by some overt actus rea in execution thereof, […]

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The Revival of Ray LXXVI

After Narayan Govind Gavate v. State of Maharashtra, (1977) 1 SCC 133 a ‘discordant note’ came to be struck in Pista Devi, (1986) 4 SCC 251. Chameli Singh, (1996) 2 SCC 549 proceeded to consider decisions in Gavate, Pista Devi and Rajasthan Housing Board, (1993) 2 SCC 84. Chameli Singh was not noticed in Om […]

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Colorable Investigation

There is a subtle difference between a defective investigation and one brought forth by a calculated and deliberate action or inaction. While dealing with a defective investigation, Court is expected to sift evidence available and find out truth. Every case involves a journey towards truth. We are distressed to note, investigation has not been conducted […]

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Claim of Juvenility

A claim of juvenility may be raised at any stage of a criminal proceeding, even after a final disposal. An application claiming juvenility could be made either before Court or JJ Board. It is neither feasible nor desirable to lay down an abstract formula to determine age of a person. It has to be on […]

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Ut Res Magis Valeat Quam Pereat

The act of ‘touching’ sexual part of body or any other act involving ‘physical contact’, if done with ‘sexual intent’, would amount to ‘sexual assault’ within meaning of Section 7 of The Protection of Children from Sexual Offences Act, 2012. Restricting interpretation of words ‘touch’ or ‘physical contact’ to ‘skin to skin contact’ would not […]

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Repugnancy II

An interpreter, to deviate from defined meaning, should record reasons to show word/expression in a particular provision carries a different meaning; contrary context is not to be assumed or accepted easily, in absence of indication and reason to differ from defined meaning. Repugnancy is not indicated and does not arise in context of Clause 22(ix)(a) […]

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Time of Essence

Welspun Specialty Solutions Limited was formerly known as Remi Metals Gujarat Limited. Arbitral Tribunal held, merely having a clause in contract making ‘time of essence’ would not be determinative. Learned Senior Counsel, appearing for Remi Metals (now Welspun), submitted, view taken by Arbitral Tribunal was reasonable, plausible and can be sustained. We need to ascertain […]

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Injured Eye-Witness

Refaz Kotwar stabbed Mohd. Jamil Kotwar with a dagger. We see no reason to doubt testimony of witnesses examined. PW7 and PW8 are injured eye-witnesses. State of Madhya Pradesh v. Mansingh, (2003) 10 SCC 414 held, evidence of an injured eye-witness has great evidentiary value and unless compelling reasons exist, their statements are not to […]

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Retrospective v. Retroactive II

It manifests, legislative intent is to make The Real Estate (Regulation and Development) Act, 2016 applicable not only to projects which were yet to commence after RERA became operational but also to bring under its fold ongoing projects. The distinction between retrospective and retroactive has been explained in Jay Mahakali Rolling Mills v. Union of […]

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