Apples and Oranges

At this juncture, the analogy of apples and oranges serves as a useful reminder that certain relationships are inherently incapable of being assessed on an equal plane. A contract between State and an employee stands on a similar footing. State, in such a relationship, assumes the role of a metaphorical lion, endowed with overwhelming authority, […]

Sparring for an Opening

Lord Denning observed in Beetham v. Trinidad Cement Ltd., (1960) 1 All ER 274, “A difference exists whenever parties are at ‘variance’; they need not be “locked in combat” or “come to blows”. It is sufficient if they are “sparring for an opening”.” – Hon’ble Justice S.V.N. Bhatti, M/s. Premium Transmission Private Limited v. State of Maharashtra, […]

Section 12(5) of The Arbitration Act VI

We are in complete agreement with observations of G. S. Patel J in Lite Bite Foods Pvt. Ltd. v. AAI, 2019 SCC OnLine Bom 5163, that, “The guiding principle is neutrality, independence, fairness and transparency even in Arbitral-Forum selection process.” It would not be unreasonable for a party to apprehend, an Arbitrator unilaterally appointed by […]

Architectural, Not Episodic

Viewed cumulatively, record does not support, ‘innocent incarceration’ without any contribution to delay. The appropriate constitutional response, at this stage, lies in ensuring vigilant oversight of trial and its expeditious progression, rather than in eclipsing statutory mandate governing bail. Court cannot ignore, where evidentiary strength varies materially, need for continued detention likewise varies. We are […]

Tabulated Charts

Ambition is a ladder, last rung of which is always elusive to one pursuing it, who endlessly searches for it. – All India Judges Association v. Union of India, [Writ Petition (Civil) No. 1022 of 1989] decided on 19.11.2025. _____ When investigations are carried out in a manner that betrays their foundational purpose and trials […]

Train No. 2102, Jnaneshwari Express

“There cannot be no manner of doubt on the proposition that Article 21 rights are placed on a pedestal, and rightly so, at the same time, though, the individual cannot always be the centre of attention.” – Hon’ble Justice Sanjay Karol, Central Bureau of Investigation v. Dayamoy Mahato, 2025 INSC 1418.

The Contra Proferentem Rule VIII

Contra Proferentem is not a principle of universal application and it does not merit applicability in case of commercial contracts, for a clause in a commercial contract is bilateral and has mutually been agreed upon. Any question as to unconscionableness of a stipulation contained in an agreement would probably arise for consideration only if it […]

The Nature of Judicial Power: One Battle After Another

Doctrine of Separation of Powers is not merely philosophical. – Hon’ble Former Chief Justice of India, Hon’ble Justice B.R. Gavai, Madras Bar Association v. Union of India, [Writ Petition (Civil) No. 1018 of 2021]. _____ “We are not final because we are infallible, but we are infallible only because we are final.” We have rather […]

Dilatory Arbitrators

Learned Arbitrator reserved his Arbitral Award on 28.07.2012 but pronounced it only on 16.03.2016. Significantly, no explanation worth the name was offered by him for the delay. Passage of time invariably debilitates frail human memory. Even if detailed notes were made, they would be a poor substitute to what is fresh immediately after conclusion of […]

Transgender Protection Cell / The Revival of Ray XCVIII

It is an eye-opener for one and all. In State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, A.N. Ray, CJ (as he then was), noted, varying needs of different classes of persons require special treatment. It was cautioned, equality cannot mean absolute equality. In other words, equality would only mean parity of treatment […]

Suit Battle

Atomberg Technologies Private Ltd. in Transfer Petition (Civil) No. 1983 of 2025 seeks transfer of Suit for Infringement instituted by Eureka Forbes Limited before High Court of Delhi, on 07.07.2025, to High Court of Judicature at Bombay. Eureka Forbes Limited in Transfer Petition (Civil) No. 2174 of 2025 seeks transfer of Suit for Groundless Threat […]

Section 138 Notice II

When the amount mentioned and demanded in a notice sent under Section 138(b) of The Negotiable Instruments Act, 1881 is different from the amount for which the cheque was issued, would such notice stand valid in eye of law? A notice in terms of Section 138(b) has to be precise while mentioning of the amount […]

How to be a Supreme but not Infallible Supreme Court Judge

This is the first time since December-2014, ‘The Last Word’ has accepted to publish someone else’s full-fledged article. When writing is this honest, it should receive all support it can. What follows is from Akshit Soni, a 5th Yr. Student at Geeta Institute of Law, Panipat. _____ Following the trend of addressing institutional quirks through […]

Dr. Nirmal Kanti Chakrabarti

Vaneeta Patnaik is a Faculty Member of West Bengal National University of Juridical Sciences. Dr. Nirmal Kanti Chakrabarti was appointed as a Vice Chancellor of NUJS on 03.07.2019. September, 2019 – Dr. Nirmal insisted Vaneeta should accompany him for dinner. He even touched Vaneeta in a manner that made her extremely uncomfortable. October, 2019 – […]

Leakage of Question Paper of Assistant Engineer (Civil) Mains Examination

Well thought of and planned policies can crumble, like a sandcastle, at first hit of waves, if there isn’t a strong administration in place to implement them. Membership in a Public Service Commission is a position of significant constitutional trust and responsibility. Any conduct on part of its Members that appears subjective or raises suspicion […]

Intentionally, Voluntarily

It may be necessary to have a look at Section 133 of The Customs Act, 1962 which is analogous to Section 186 of The Indian Penal Code, 1860. In our considered opinion, the expression ‘intentionally’ used in Section 133 and the expression ‘voluntarily’ used in Section 186 connote the same meaning. Court while construing the […]

The Baishakhi Principle

The jurisprudential divide between irregular and illegal appointments is neither artificial nor academic Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1 held, mere technical irregularities in appointment processes, in absence of evidence of illegality, arbitrariness or fraud, cannot be a ground to undo appointments, especially when appointees are not at fault. Vikas Pratap […]

Consequential or Inconsequential Import

Democracy, in its essence, means a society governed by elected representatives of people based on universal adult franchise in a free and transparent manner. Thus, free and fair elections go to the root of a functional democracy. Lok Prahari v. Union of India, (2018) 4 SCC 699 summarized the legal and contextual position regarding non-disclosure of assets […]

Women Officers

Air Force has continually opened new Combat Air Force Roles for Women as Fighter Pilots, Helicopter Pilots, et cetera. It does not stand to reason, when Women Officers like Captain Ojaswita Shree, Major Dwipannita Kalita and Flight Lieutenant Shivangi Singh can operate behind enemy lines with all expected risks, why Women Officers in times of […]

Where Eagles Dare

The Chief Justice of India bears a significant moral responsibility to ensure, Judiciary functions in a transparent, efficient and constitutionally appropriate manner. The Chief Justice of India is clearly an important person in maintaining institutional interest and credibility. The Chief Justice of India owes a duty to keep our justice delivery system pure, clean and […]