“It needs no special emphasis to mention, provisos can serve various purposes. Hidayatullah, J had observed, a proviso is generally added to an enactment to qualify or create an exception to what is in the enactment, and the proviso is not interpreted as stating a general rule. Further, except for instances dealt within the proviso, the […]
Read more "The Proviso I"In Ranjit Narayan Haksar v. Surendra Verma, 1995 MPLJ 21 a Division Bench of High Court of Madhya Pradesh held, an employee, retired from its service to Madhya Pradesh State Road Transport Corporation, was entitled to maintain an Eviction Petition under Chapter III-A of The Madhya Pradesh Accommodation Control Act, 1961. SC affirmed the reasoning. […]
Read more "Referred to Larger Bench VII: Chapter III-A, The Madhya Pradesh Accommodation Control Act, 1961"“It is a matter of complete disgrace, you were hounded by Press and you were intolerant of them when there was a case against you…” – Padma Bhushan, Anupam Kher, The Telegraph National Debate, 2016 The choice of Retired Hon’ble Justice Ashok Kumar Ganguly as a Panelist at The Telegraph National Debate, 2016 was confusing […]
Read more "History Has No Dustbin: Hon’ble Justice Ashok Kumar Ganguly"Several statutes confer power on authorities and officers to be exercised by them at their discretion and they are couched in permissive language, such as, “it may be lawful”, “it may be permissible”, “it may be open to do”, et cetera. But in certain situations, such power is coupled with duty and must be exercised. […]
Read more "Power Coupled With Duty II"“A 3-Judge Bench of this Court in Union of India v. Bright Power Projects (India) Pvt. Ltd., (2015) 9 SCC 695 has considered the provisions contained in Section 31(7)(a) of The Arbitration and Conciliation Act, 1996 and considered the words “unless otherwise agreed by parties” in the said section and held that the Arbitrator is […]
Read more "Section 31(7) of The Arbitration Act II"“New York Times, in the Editorial, ‘The Frankfurter Legacy’, on September 2, 1962, while stating about the greatness of Felix Frankfurter, chose the following expression:- “History will find greatness in Felix Frankfurter as a justice, not because of the results he reached but because of his attitude toward the process of decision. His guiding lights […]
Read more "Epistolary Jurisdiction of Constitutional Courts"“The question whether an election petition challenging the election of a returned candidate on the ground of corrupt practice is required to be accompanied either by one affidavit or two affidavits in view of the insertion of clause (4) of Rule 15 of Order VI, fell for consideration of this Court in P.A. Mohammed Riyas […]
Read more "Hon’ble Justice J. Chelameswar on Election Petitions II"Section 85(a)(i)(b) of The Employees’ State Insurance Act, 1948 prescribes punishment for a particular offence as imprisonment which shall not be less than Six Months and fine of Five Thousand Rupees. The proviso empowers Court to impose a sentence of imprisonment for a lesser term “for any adequate and special reasons to be recorded.“ My […]
Read more "Section 85 of The Employees’ State Insurance Act, 1948"My Lord, What is the import of Section 216 of The Code of Criminal Procedure, 1973? “It is graphic that the Court can change or alter the charge if there is defect or something is left out. The test is, it must be founded on the material available on record. It can be on the […]
Read more "Section 216 of The Code of Criminal Procedure, 1973"In England it was the practice in times of danger to the State to pass what were popularly known as Habeas Corpus Suspension Acts. Suspension did not legalize an illegal arrest; it merely suspended a particular remedy in respect of particular offences. House of Lords took the view, the power to detain could not be […]
Read more "The Diamond-Bright, Diamond-Hard Hope"‘Res judicata’ literally means a ‘thing adjudicated‘ or ‘an issue that has been definitively settled by judicial decision‘. The principle operates as a bar to try the same issue once over. It aims to prevent multiplicity of proceedings and accords finality to an issue, which directly and substantially had arisen in the former suit between the […]
Read more "Res Judicata – Cause of Action"History will not forget Hon’ble Justice Pratibha Rani at the crossroad of Kanhaiya Kumar v. State of NCT of Delhi, Writ Petition (Crl.) 558 of 2016. “While dealing with the Bail Application of the Petitioner it has to be kept in mind, by all concerned, they are enjoying this freedom only because our borders are […]
Read more "The Country Without a Post Office"Interesting questions on the interplay between The Sick Industrial Companies (Special Provisions) Act, 1985 and The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 have been answered in Madras Petrochem Ltd. v. BIFR, [Civil Appeal Nos. 614-615 of 2016] by Hon’ble Justice R.F. Nariman. My Lord, Is it true that […]
Read more "SC Resolves Conflict Between SICA & SARFAESI Act"
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