While Bombay High Court (Dirk India Pvt. Ltd. v. Maharashtra State Electricity Generation Co. Ltd., 2013 SCC OnLine Bom 481), Delhi High Court (Nussli Switzerland Ltd. v. Organizing Committee Commonwealth Games, 2010, 2014 SCC OnLine Del 4834 as well as National Highways Authority of India v. Punjab National Bank, 2023 SCC OnLine Del 4810), Madras […]
Read more "Section 9 of The Arbitration Act II"Himachal Pradesh Board of School Education’s advertisement, dated 21.07.2016, stipulated, a candidate must possess a minimum of five years’ work experience in a reputed organization engaged in computer manufacturing and maintenance. The requirement was prescribed as part of the minimum eligibility criteria for appointment. The essential eligibility criteria was neither adhered to nor consciously dispensed […]
Read more "The Rules of The Game Principle XI"AIIMS v. Prof. Kaushal K. Verma, 2015 SCC OnLine 9226 observed, requests for a recusal must rest on reasonable apprehensions and not on speculative and fanciful suppositions. An interim order cannot become a tool for seeking recusal, nor can a litigant be permitted to choose a Bench merely because a prima facie view expressed by […]
Read more "Refuse to Recuse"Justice Raveendran in Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719 held, words used should disclose a determination and obligation to go for Arbitration and not only provide for a possibility of going to Arbitration. When words provide only a possibility, same does not constitute a valid Arbitration Agreement. – Hon’ble Justice Sanjay Karol, […]
Read more "Can"Three-Judge Bench of this Court in State of Kerala v. Chandramohan, (2004) 3 SCC 429 had an opportunity to discuss the concept of ‘tribe’ and its characteristics. It becomes clear, once a person belonging to a Scheduled Tribe converts to another religion, ultimately through passage of time, customs, rituals and other traits of that particular […]
Read more "Tribal Way of Life"An ‘indication’ and a ‘geographical indication’ too, has to convey or suggest geographical origin of goods to which it applies. A name which does not suggest geographical origin of goods is not an ‘indication’ under The Geographical Indications of Goods (Registration and Protection) Act, 1999 and cannot be a ‘geographical indication’ either. ‘Tirupati Laddoo’ qualifies […]
Read more "Tirupati Laddoo"More often than not, quality of law and order in society and maintenance thereof depends upon character of persons serving in Police Force. It becomes imperative, recruitees should be persons beyond reproach and men with rectitude. Rajkumar Yadav had challenged the rejection of his candidature by the Screening Committee for appointment as a Constable (Driver). […]
Read more "Honourable Acquittal VII"In this case, Advocate appointed was not granted even a reasonable time to prepare herself. – Hon’ble Justice Abhay S. Oka, Niranjan Das v. State of West Bengal, [Criminal Appeal No. 2643-2644 of 2023] decided on 29.08.2023. Now, as one is familiar, a monkey cap covers the entire face, chin and cheek of a person, […]
Read more "Random Collectibles, Transformative"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, […]
Read more "Apples and Oranges"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, […]
Read more "Sparring for an Opening"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 […]
Read more "Section 12(5) of The Arbitration Act VI"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 […]
Read more "Architectural, Not Episodic"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 […]
Read more "Tabulated Charts"“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.
Read more "Train No. 2102, Jnaneshwari Express"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 […]
Read more "The Contra Proferentem Rule VIII"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 […]
Read more "The Nature of Judicial Power: One Battle After Another"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 […]
Read more "Dilatory Arbitrators"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 […]
Read more "Transgender Protection Cell / The Revival of Ray XCVIII"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 […]
Read more "Suit Battle"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 […]
Read more "Section 138 Notice II"
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