My Lord, What is the meaning of the term ‘first learns’ as provided under Article 91(a) of The Limitation Act, 1963? “Article 91(a) of The Limitation Act reads: Description of Suit Period of Limitation Time from which period begins to run 91. For compensation – a) For wrongfully taking or detaining any specific movable property lost, […]
Read more "The Plea of Limitation IV: “First Learns”"Thank You, Murali. Not too many people have a kind word to say about the Hon’ble High Court at Calcutta. But you had the gumption. And for that, you shall soon see, you will rise to the absolute top. I shall do anything and everything to protect the honor of Calcutta. For me, all else […]
Read more "Thank You, Murali"My Lord, State of Madras v. Gannon Dunkerley, [1959] 1 SCR 379 – Good Law? “It is interesting to note, a 7 Judge Bench in M/s. Vishnu Agencies (Pvt.) Ltd. v. Commercial Tax Officer, (1978) 1 SCC 520, doubted Gannon Dunkerley’s case by stating, its correctness would have to await a more suitable occasion in […]
Read more "Obiter Observations of Chandrachud J"In appropriate cases, seemingly large amounts of compensation are justified. It is settled, inflation should be considered by while deciding on quantum of compensation. In (2014) 6 SCC 173, Hon’ble Justice T.S. Thakur observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies.“ The price of Mr. Sushil Ansal’s ‘Chalta Hai […]
Read more "Uphaar: The Gift of Freedom"“A Writ Court should ordinarily not entertain a Writ Petition, if there is a breach of contract involving disputed questions of fact. When an issue arises whether in a particular State there are toilets for school children and there is an assertion by the State that there are good toilets, definitely the Court can appoint […]
Read more "Writ Court Appointed Committees"The legal position regarding the existence of a ‘fundamental right to privacy’ is doubtful in view of the Judgments in M.P. Sharma and Kharak Singh. In Justice K.S. Puttasamy (Retd.) v. Union of India, [Writ Petition No. 494 of 2012] the warning is clear: “If the observations made in M.P. Sharma and Kharak Singh are to […]
Read more "The Judicial Indiscipline of Justice Chelameswar"My Lord, Per Incuriam? “In Mamleshwar Prasad, (1975) 3 SCR 834, Krishna Iyer, J., succinctly laid down what is meant by the per incuriam principle. He stated: “We do not intend to detract from the rule that, in exceptional instances, whereby obvious inadvertence or oversight a Judgment fails to notice a plain statutory provision or […]
Read more "Per Incuriam I"Hon’ble Justice Vikramajit Sen turns 65 on the last day of this year and retires duly. I shall forever associate him with ‘precedents’. What binds and what holds is a recurrent theme in several of his Judgments. Rashmi Metaliks, (2013) 10 SCC 95: SC often has to “face lengthy arguments in each case because of the […]
Read more "Sen J I"“Section 18(2) of The SARFAESI Act provides that the Appellate Tribunal shall follow the provisions of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 in disposing of the appeal unless otherwise provided under The SARFAESI Act or the Rules made thereunder. The proviso to Section 20(3) of The RDDBFI Act empowers […]
Read more "Condonation of Delay III: Section 18, SARFAESI Act Appeals"A meeting was called by Chief Justice of India after Bomb Blasts outside Delhi High Court on 07.09.2011. Court on its Administrative Side, after deliberations with Delhi Police, prohibited vendors to squat along the perimeter of Supreme Court. There is a road called Bhagwan Das Road after Supreme Court compound wall. After crossing the road, […]
Read more "Safety and Security of Supreme Court"In Bottled Water Processors Association v. Union of India, [Writ Petition (C) No. 11672 of 2009] Hon’ble Justice S. Muralidhar found, “considering water borne diseases are on the increase during summer months, time is of the essence”. Many summers have gone by. The Task Force, ordered to be constituted, for cracking down on units manufacturing […]
Read more "Lawyer Profiles I: The Case of Counterfeit Bottles and Spurious Medicines"In Julius v. Bishop of Oxford, (1880) 5 AC 214 it was observed, “The words ‘it shall be lawful’ are plain and unambiguous. They confer a faculty or power, and they do not of themselves do more than confer a faculty or power. But there may be something in the nature of the thing empowered to […]
Read more "Power Coupled With Duty I"
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