Month: October 2016
The Nature of Judicial Power: Hon’ble Justice Dipak Misra
“When a law is enacted with retrospective effect, it is not considered as an encroachment upon judicial power when the legislature does not directly overrule or reverse a judicial dictum. The legislature cannot, by way of an enactment, declare a decision of the Court as erroneous or a nullity, but can amend the statute or […]
Read more "The Nature of Judicial Power: Hon’ble Justice Dipak Misra"Tender Law IV
“Recently in Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corporation Ltd., 2016 (8) SCALE 765 a Two-Judge Bench eloquently exposited… “We may add, the owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents. Constitutional Courts must defer to […]
Read more "Tender Law IV"Chamber Practices of Former Supreme Court Judges
Retired Hon’ble Chief Justice of India A.N. Ray, though expected to be President, one day, once said, as evidenced by George H. Gadbois, Jr, “An Indian Chief Justice, like the Lord Chief Justice, in England, should not take up any post-retirement positions.” Taking up a post-retirement position is one thing; soliciting one is quite another. […]
Read more "Chamber Practices of Former Supreme Court Judges"Section 8 of The Arbitration Act II: Arbitrability of Fraud
Fraud is a knowing misrepresentation of the truth or concealment of a material fact or abuse of a position of confidence to induce another to act to his detriment. Serious allegations of fraud may not be referred to Domestic Arbitrations. “When the case involves serious allegations of fraud, the dicta contained in N. Radhakrishnan, (2010) 1 […]
Read more "Section 8 of The Arbitration Act II: Arbitrability of Fraud"Monsters-In-Law III
Appellant-Husband was treated cruelly by Respondent-Wife. There were repeated threats of suicide [Pankaj Mahajan v. Dimple, (2011) 12 SCC 1]; levelling of disgusting accusations of indecent familiarity with a person outside wedlock [Vijaykumar v. Neela, 2003 (6) SCC 334]. Both are acts of cruelty within the meaning of The Hindu Marriage Act, 1955. Respondent-Wife wanted […]
Read more "Monsters-In-Law III"The Exquisite Corpse of Soumya II: Law and Other Things, 05.10.2016
[The following was first published here] It is murder, if the intentional infliction of bodily injury is sufficient in the ordinary course of nature to cause death. In February 2011, a day before her engagement ceremony, 23-year-old Soumya was injured, raped and robbed. She died a few days later, in a hospital, having never regained […]
Read more "The Exquisite Corpse of Soumya II: Law and Other Things, 05.10.2016"Monsters-In-Law II
A ‘domestic violence‘ within the meaning of The Protection of Women from Domestic Violence Act, 2005 is ‘gender neutral‘; physical abuse, verbal abuse, emotional abuse and economic abuse can all be by women against other women. “Even sexual abuse may, in a given fact circumstance, be by one woman on another.” SC in Hiralal Harsora […]
Read more "Monsters-In-Law II"Judge Made Law: Fixed Term Sentences I
It was contended before SC in Vikas Yadav v. State of Uttar Pradesh, [Criminal Appeal Nos. 1531-1533 of 2015], under Section 302 of The Indian Penal Code, 1860 life is minimum and maximum is Death Sentence and therefore Court has a choice between the two and is not entitled to follow any other path. It would […]
Read more "Judge Made Law: Fixed Term Sentences I"Section 50 of The Arbitration Act I
“On a careful reading of Section 50 of The Arbitration Act, 1996, it is limpid that an appeal can lie if an order is passed refusing, to refer the parties to Arbitration as engrafted under Section 45, or to enforce a Foreign Award as envisaged under Section 48. Section 50(1)(b) has not been amended by […]
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