SC in Justice Mohapatra, (2002) 8 SCC 1 had “accorded primacy to the opinion of the Hon’ble Chief Justice in the consultative process for appointment of Lokayukta”. We have been reminded so in Sachchidanand Gupta v. State of Uttar Pradesh, [Writ Petition (Civil) No. 872 of 2015], decided on 28.01.2016. Justice Lokur in Justice Chandrashekaraiah, […]
Read more "Primacy of Views II: Justice Mohapatra, (2002) 8 SCC 1"My Lord, First Complaint when Dismissed for Default or Non-Prosecution, Second Complaint to a District Forum under The Consumer Protection Act, 1986 is Maintainable? Yes. New India Assurance, (2000) 3 SCC 242. “The rule of prohibition contained in Order 9, Rule 9(1) of CPC cannot be extended to the proceedings before the District Forum or the […]
Read more "Second Complaints to District Consumer Forums"My Lord, What is Truth? “That the preeminence of truth is the guiding star in a judicial process forming the foundation of justice had been aptly propounded by this Court in Maria Margarida Sequeira Fernandes vs. Erasmo Jack De Sequeira, (2012) 5 SCC 370. It was ruled, the entire judicial system had been created only […]
Read more "The Importance of Being Earnest II"The appointment of Hon’ble Justice Mirza Hameedullah Beg as the new Chief Justice of India in succession to Hon’ble Justice A.N. Ray on January 29, 1977 raised another wave of protest. Hon’ble Justice H.R. Khanna was superseded. Supreme Court Bar Association, Vice President Gobinda Mukhtoy: “The evil and dark forces have struck again. Now a citizen […]
Read more "The Significance of 29th January"“Section 66A of The Information Technology Act, 2000 was struck down by the Supreme Court. The effect of the Shreya Singhal Judgment is that Section 66A is void only as against citizens and not as against non-citizens. When this line of thought was voiced on fora, questions were raised as to whether Section 66A was still available […]
Read more "Bennett, Bennett Coleman"“It saddens us to see the manner in which the decision in the case of Harshad Govardhan Sondagar, (2014) 6 SCC 1 has been misinterpreted. Random sentences have been picked up from the Judgment and used, without any attempt to understand the true purport of the Judgment in its entirety. It is a well settled […]
Read more "SC Resolves Conflict Between SARFAESI Act & Rent Control Act"Last month, I hesitated in characterizing why New India Assurance was an uncomfortable decision. Dave, Sen and Ghose JJ were clear, Kailash, (2005) 4 SCC 480 “ought to have respected the view expressed” in J.J. Merchant, (2002) 6 SCC 635. Kailash has been an important tool in my hands in civil suits. Procedure can be […]
Read more "Kailash v. Nanhku, (2005) 4 SCC 480"Sarnath Banerjee, Graphic Novelist “Justice Bipin Bose” in “All Quiet in Vikaspuri” Do not confuse Justice Bipin Bose with Justice Vivian Bose. Justice Vivian Bose had an Indian father, an English mother and an American wife. His grandfather’s name was Sir Bipin Krishna Bose. _____ As Justice Vivian Bose famously remarked in Commissioner of Police v. […]
Read more "Justice Bipin Bose"The events that led to Mohd. Arif’s arrest are curious, to say the least. The accepted version of the story is this: “On 22.12.2000, at about 9 p.m. in the evening, some intruders started indiscriminate firing and gunned down 3 Army Jawans belonging to 7th Rajputana Rifles. This Battalion was placed in Red Fort for […]
Read more "The Red Fort Attack Never Happened"“In Monnet Ispat v. Union of India, (2012) 11 SCC 1 this Court while enumerating principles relating to Doctrine of Promissory Estoppel and Legitimate Expectation has clearly held, protection of legitimate expectation does not require fulfillment of expectation where an overriding public interest requires otherwise. In other words, personal benefit must give way to public […]
Read more "The Doctrine of Legitimate Expectation II"In 2007, Bharat Matrimony [www.bharatmatrimony.com] shared the following on its website: Limca Book of Records has conferred an honor on Bharat Matrimony for the maximum number of online marriages. In fact, we have 8 times more success stories than the nearest marriage portal [Bharat Matrimony, [Civil Appeal No. 2142 of 2007], decided on 07.01.2016]. People […]
Read more "Matrimony in Bharat / The Importance of Limca Records"The Jallikattu Case, I agree, is a watershed moment in ‘animal rights adjudication’. Radhakrishnan J has a PETA Award for it. SC shall always protect its honour! In Compassion Unlimited Plus Action v. UOI, [Writ Petition (Civil) 24 of 2016] it has been argued now, no cruelty is meted out to the bulls in Jallikattu. […]
Read more "Compassion Unlimited Plus Action"“In Halsbury’s Laws of England (5th Edition – Volume 60, Para 105) principle of Contra Proferentem rule is stated thus: “where there is ambiguity in the policy, Court will apply the Contra Proferentem rule. Where a policy is produced by the insurers, it is their business to see that precision and clarity are attained and, if […]
Read more "The Contra Proferentem Rule II"“Since the College has also not complied with the orders passed by this Court in (2012) 5 SCC 628 and has permitted the students to continue their studies, to send a message to the College and other Medical Colleges, we are of the view that it would be appropriate if the College is directed to […]
Read more "5 Crores for Supreme Court"In Aurobindo Ashram v. R. Ramanathan, [Civil Appeal No. 12 of 2016] Respondents alleged, Appellant Ashram failed to take any positive action to prohibit the availability of The Lives of Sri Aurobindo. They even assisted Peter Hees in getting a visa for his continued stay in India. Whether or not ‘The Lives of Sri Aurobindo‘ is […]
Read more "The Lives of Sri Aurobindo"My Lord, Costs of Rs. 10 Lakhs for False/Misleading Affidavit? Yes. “A global search of cases pertaining to the filing of a false affidavit indicates that the number of such cases that are reported has shown an alarming increase in the last fifteen years as compared to the number of such cases prior to that. […]
Read more "Filing False Affidavits"“Seeking transfer at the drop of a hat is inconceivable. An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has to be exercised cautiously and in exceptional situations, where it becomes necessary […]
Read more "The Real Apprehension in Transferring Cases I"My Lord, What is the difference between a ‘witness of facts’ and an ‘expert’? “Facts are facts and they remain and have to remain as such forever. The witness of facts does not give his opinion on facts; he presents the facts as such. However, the expert gives an opinion on what he has tested […]
Read more "Experts I: The Supreme Court of Pakistan"My Lord, Difference between Erroneous Judgment and Perverse Judgment? [There is a material distinction. A decision can be considered to be perverse only when there is some conscious violation of a rule of law or of procedure.] – Kristamma Naidu v. Chapa Naidu, 1894 ILR 17 Mad 410. [A good working test of perversity is […]
Read more "Erroneous Judgment v. Perverse Judgment I"It is widely known, Dashrath Rupsingh Rathod v. State of Maharashtra, (2014) 9 SCC 129 gave rise to further ‘territorial jurisdiction conundrum’. In Bridgestone India, 2015 (13) SCALE 155 decided on 24.11.2015, “in order to overcome the legal position declared by Court in Dashrath,” attention was drawn to The Negotiable Instruments (Amendment) Second Ordinance, 2015. […]
Read more "Negotiable Instruments (Amendment) Second Ordinance, 2015"
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