Ask me about any space I’ve occupied – castle, cockpit, classroom, stateroom, bedroom, palace, garden, pub – and I’ll recreate it down to the carpet tacks. Is it genetics? Trauma? Whatever the cause, my memory is my memory, it does what it does, gathers and curates as it seems fit.  August 30, 1997. They tried, […]

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Review of Death Penalty XXXVI

Prakash Nishad was charged for having committed offences punishable under Sections 376, 377, 302 and 201 of The Indian Penal Code, 1860. Trial Court convicted in connection with all offences and imposed Capital Punishment. High Court affirmed. We may point out, it is a case of circumstantial evidence. There are yawning gaps, numerous lapses. Court […]

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Comparative Advertising IV

Extolling of one’s positive features is permissible. However, denigration of a rival’s or a competitor’s product is completely impermissible. It would be reading too much into Santoor’s impugned advertisement, in my opinion, to extract from it anything derogatory or deprecating regarding Dettol. It does not even obliquely refer to moisturizing qualities, present or absent, of […]

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Illegal Gratification III

Devasagayam, from Railways, lodged a complaint on 29.10.2015, alleging payment of Rs.2,60,000/-. When a refund was demanded, Devasagayam did not get it.   It appears, Devasagayam originally had a genuine grievance. But, later turned out to be a Trojan horse, willing to sabotage investigation against influential persons. It is true, English is not our mother […]

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Contracts of Insurance VI

Vedic Resorts and Hotel Pvt. Ltd., at West Bengal, had obtained insurance policies. A mob of 200-250, in August, 2009, damaged insured property. During course of investigation it was revealed, Gaffar Mollah after firing and throwing bombs at a Football Match, upon being chased, took shelter in Vedic Resorts. It was submitted, Vedic Resorts had […]

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Arbitration Notice

As per Section 21 of The Principal Act, Arbitral Proceedings commence on date on which a request for Arbitration is received.     Union of India v. Parmar Construction Company, (2019) 15 SCC 682, which is directly on point, specifically observed, The Amendment Act shall not apply to Arbitral Proceedings which commence, before coming into force […]

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Default Bail IV

At around 04:50 AM on 02.06.2019, vehicles passing through Harsh Cheena were being checked. 2 boys, travelling on a motorcycle without a number plate, on being asked to stop, fled away. A blue coloured bag fell down. 2 hand grenades were recovered.   By virtue of Section 43D of The Unlawful Activities (Prevention) Act, 1967 […]

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Further Investigation

Hasanbhai Valibhai Qureshi v. State of Gujarat, (2004) 5 SCC 347 observed, mere fact of further delay in concluding trial should not stand in way of ‘further investigation’ if it would help Court do real and substantial and effective justice. Rama Chaudhary v. State of Bihar, (2009) 6 SCC 346 held, ‘further investigation’ is continuation […]

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Referred to Larger Bench XXV Answered: Doctrine of Separability of Arbitration Agreement

Intercontinental Hotels Group (India) Private Ltd. v. Waterline Hotels Pvt. Ltd., 2022 SCC OnLine SC 83 on issue of insufficiently/incorrectly stamped documents, proceeded to appoint an Arbitrator under Section 11(6) of The Arbitration and Conciliation Act, 1996 – considering, time-sensitivity. A sufferance of stamp deficiency is a curable defect.   Arbitration Act does not specifically […]

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Fixed Term Sentences II

Vikas Chaudhary, when merely 18-19, kidnapped for ransom and killed. His grievance is with imposition of a fixed term sentence, without remission, by Trial Court. He is currently about 37-38. Learned Senior Counsel, Ms. Meenakshi Arora placed strong emphasis on Union of India v. Sriharan, (2016) 7 SCC 1 which categorically held, it was outside […]

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Compound Interest

A wide variety of rival submissions have been presented before us on whether Consumer Fora had been justified in awarding and approving ‘compound interest’. An attempt to seek ‘compound interest’ in such real estate dealings did not meet with approval of this Court and in Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna, (2021) 3 […]

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Principle of Parity III

In cases where illegible documents have been supplied, a grave prejudice is caused since no man can defend himself against an unknown threat. It has been brought to our notice, co-detenue, Neeraj Varshney, has already been granted relief on grounds of illegible Chinese documents. The principle of parity is squarely applicable. In cases of preventive […]

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Principles of Natural Justice IX

Rights are not absolute in a constitutional democracy. The sealed cover practice places processes by which a decision is arrived at, beyond scrutiny [Commander Amit Kumar Sharma v. Union of India, (2022) SCC OnLine SC 1570]. This case presents Court with an opportunity. State must satisfy Court, national security concerns are involved. A claim cannot […]

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