“Textually, Article 233(2) only prohibits the appointment of a person who is already in the service of the Union or the State, but not the selection of such a person. The right of such a person to participate in the selection process undertaken by the State for appointment to any post in public service (subject […]Read more "With Respect, Constitutionally Incorrect, Justice Chelameswar"
Section 362 begins with the words “save as otherwise provided by this Code or by any other law for the time being in force”. Legislature was aware that there are situations where altering or reviewing of a Criminal Court Judgment is contemplated in the Code itself or any other law for the time being in […]Read more "Section 362 of The Code of Criminal Procedure, 1973"
“The right to property [Article 31(1)] covers the right of a public servant to receive pension [Deokinandan Prasad, (1971) 2 SCC 330; D.S. Nakara, (1983) 1 SCC 305]. Even after the repeal of Article 31(1) [The Constitution (Forty-Fourth Amendment) Act, 1978 w.e.f. 20.06.1979] the right to receive pension has been held to be a right […]Read more "Pension is Not a Bounty II"
“As per the Explanation to Section 12 of The Consumer Protection Act, 1986 ‘recognized consumer association’ means any voluntary consumer association registered under The Companies Act, 1956 or any other law for the time being in force. It is clear from the Explanation that only a voluntary consumer association registered under The Companies Act, 1956 […]Read more "Section 12(1)(b) of The Consumer Protection Act, 1986"
“We are of the view that whenever the accused has questioned the financial capacity of the complainant in support of his probable defence, despite the presumption under Section 139 about the presumption of legally enforceable debt and such presumption is rebuttable, thereafter the onus shifts again on the complainant to prove his financial capacity and […]Read more "Rebuttable Presumption II"
“It is not quite accurate to say that the word ‘may’, by itself, acquires the meaning of ‘must’ or ‘shall’ sometimes.” – Dharti Dhan, (1977) 2 SCC 166. “It is not to be taken that once the word ‘may’ is used, it per se would be directory. In other words, it is not merely the […]Read more "May & Shall"
“When criminality enters into the grass-root level as well as at the higher levels there is a feeling that ‘monstrosity’ is likely to wither away the multitude and eventually usher in a dreadful fear that would rule supreme creating an incurable chasm in the spine of the whole citizenry” [Hon’ble Justice Dipak Misra, 05.02.2015]. In […]Read more "Monstrosity of Winnability"