There is no bar on High Court’s power to reappreciate evidence against acquittal [Sangappa v. State of Karnataka, (2010) 3 SCC 686]. Cambridge Dictionary defines ‘exaggeration’ as “fact of making something larger, more important, better or worse than it really is.” Concise Oxford Dictionary defines it as “enlarged or altered beyond normal proportions.” These expressions […]
Read more "Exaggeration"Courts must be open, both in physical and metaphorical sense. Citizens have a right to know about what transpires in course of proceedings. Public scrutiny is crucial to maintaining transparency and accountability. Cases before Courts are vital sources of public information about activities of Legislature and Executive. Freedom of speech and expression extends to reporting […]
Read more "The Nature of Judicial Power: Constitutional Ethos II"Time fleets, generations grow, society changes, values and needs also change by time. There can be no denial, law should change with changing time and changing needs of society. Famous words of Justice Oliver Wendell Holmes Jr. in Towne v. Eisner, 245 US 425 (1918): “Word is not a crystal, transparent and unchanged; it is […]
Read more "Precedential Certainty / The Revival of Ray LXVI"Repugnancy can be looked at from three distinct perspectives. The first is where provision of a State enactment is directly in conflict with a law enacted by Parliament. Compliance with one is impossible along with obedience to the other. The second is where regulation of subject matter by Parliament is so complete as a code, […]
Read more "Repugnancy"Lord Hoffmann in Investors Compensation Scheme Limited v. West Bromwich Building Society, 1998 (1) AIR 98 summarized broad principles of interpretation of contract. “Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the […]
Read more "Well-Known Principles of Interpretation II"Constitution Bench in T.M.A. Pai Foundation, (2002) 8 SCC 481 has expounded, private unaided school management must have absolute autonomy to determine school fees. The consistent view has been restated and enunciated by Constitution Bench in Modern Dental College and Research Centre, (2016) 7 SCC 353 in Paragraph 75. Though fee can be fixed by […]
Read more "Permissible School Fees"K. Crenshaw has been credited for coining the term ‘intersectionality’. “Discrimination, like traffic through an intersection, may flow in one direction, and it may flow in another. If an accident happens in an intersection, it can be caused by cars traveling from any number of directions and, sometimes, from all of them. Similarly, if a […]
Read more "Intersectionality"What would constitute ‘patent illegality’ has been elaborated in Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49. Union of India v. Bright Power Projects (India) (P) Ltd., (2015) 9 SCC 695 highlighted, the position of law on grant of interest under Section 31(7) of 1996 Act. Though Secretary, Irrigation Department, Government of Orissa […]
Read more "Section 31(7) of The Arbitration Act VI"In the present case, we are concerned with Article 224A. Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128 observed, if a person appointed under Article 224A was not considered to be a Judge of the High Court for the purpose of jurisdiction, powers and privileges, the question of appointing such a person would […]
Read more "An Alive Article 224A / The Revival of Ray LXV"It becomes necessary for this Court, to dwell on the ‘rule of alternate remedy’ and its judicial exposition [Whirlpool Corporation v. Registrar of Trademarks, Mumbai, (1998) 8 SCC 1; Harbanslal Sahnia v Indian Oil Corpn. Ltd., (2003) 2 SCC 107]. When a right is created by a statute, which itself prescribes the remedy or procedure […]
Read more "Rule of Alternate Remedy"My Lord, Two Companies, incorporated in India, can Arbitrate outside India? Yes. It is clear, there can be more than one ratio decidendi to a Judgment. Jacobs v. London County Council, (1950) 1 All ER 737 has been followed in State of Gujarat v. M.P. Jadeja, (2013) 2 SCC 300 and in Shayara Bano v. […]
Read more "Seat of Arbitration II"Courts continue to struggle with the humongous pendency under Section 138 of The Negotiable Instruments Act, 1881. Offences that are committed as part of the same transaction can be tried jointly as per Section 220 of The Code of Criminal Procedure, 1973. What is meant by ‘same transaction’ is not defined. Indeed, it would always […]
Read more "Same Transaction"The evidence clearly shows, GUD-4997 was not a public conveyance. A private vehicle would not come within the expression ‘public place’ as explained in Section 43. The case would come under Section 42. It is an admitted position, there was total non-compliance of the requirements of Section 42. Karnail Singh v. State of Haryana, (2009) […]
Read more "Section 42 of The NDPS Act"As has been held in Ambika Prasad Mishra v. State of U.P., (1980) 3 SCC 719 every argumentative novelty does not undo a settled position of law. Section 19 of The Limitation Act, 1908 corresponds to Section 18 of The Limitation Act, 1963. Khan Bahadur Shapoor Freedom Mazda v. Durga Prasad, (1962) 1 SCR 140 […]
Read more "The Plea of Limitation XVI: Section 18 of The Limitation Act, 1963"Though retrospectivity is not to be presumed and rather there is presumption against retrospectivity, it is open for the Legislature to enact laws having retrospective operation. “Where a statute is passed for the purpose of supplying an obvious omission in a former statute or to ‘explain’ a former statute, the subsequent statute has relation back […]
Read more "Explanatory Legislations"Aman Bangia completely damaged one Porsche, DL-1CJ-3577, at 02:25 AM on 22.12.2007. It is indisputable, he smelt of alcohol. There is no evidence of recording the exact nature of alcoholic drink which was consumed and there is also no material as to the quantity consumed. We cannot resist recording our disquiet at the conduct of […]
Read more "Contracts of Insurance II"Tata Cellular v. Union of India, (1994) 6 SCC 651, Paragraph 94 states: “Normally speaking, the decision to accept the tender or award the contract is reached by process of negotiations through several tiers. More often than not, such decisions are made qualitatively by experts.” Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) […]
Read more "Tender Law V"This Court in Madhusudan Gordhandas v. Madhu Woollen Industries Pvt. Ltd., (1971) 3 SCC 632 observed: If the debt is bona fide disputed and the defence is a substantial one, Court will not wind-up the Company [London and Paris Banking Corporation, (1874) LR 19 Eq 444; Brighton Club and Horfold Hotel Co. Ltd., (1865) 35 […]
Read more "Disputed Company Debt / The Revival of Ray LXIV"It is four times more than the minimum of ‘commercial quantity’. Courts may take into account “such factors as it may deem fit” [Rafiq Qureshi v. Narcotic Control Bureau, Eastern Zonal Unit, (2019) 6 SCC 492]. Quantity of substance would fall into “such factors as it may deem fit”. Gurdev cannot be said to be […]
Read more "1 Kilogram of Heroin"Charles Sobhraj was arrested on 06.07.1976. Ever since he was lodged in Tihar Central Jail he was put in bar fetters and the fetters were retained continuously. “The sorrows of Sobhraj cannot be appreciated nor his constitutional claims evaluated without a fuller account of the bar fetter chapter of his jail life. I hold, bar […]
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