Kedar Nath Motani, (1960) 1 SCR 861 had an occasion to consider the question of application of the maxims ‘ex turpi causa non oritur actio‘ and ‘ex dolo malo non oritur actio‘. Three-Judge Bench, speaking through M. Hidayatullah, J (as His Lordship then was), observed thus: “The correct position in law, in our opinion, is, […]
Read more "Ex Turpi Causa Non Oritur Actio"“I am glad, Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with appointment of Judges to Supreme Court of India. From time immemorial, mankind desired to have wise and humane Judges with the wisdom to discriminate between truth and falsehood. The legends of King Solomon and Dharmaraja and the like are […]
Read more "Appointment of Justice"“It is settled law that the fundamental right under Article 30 cannot be waived. The historical reasons for enacting Article 30(1) have been set out in some detail in the Judgment of Shelat, J. and Grover, J. in Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225. This was further fleshed out in the […]
Read more "The Revival of Ray XXX"Mysteries all around! Here is a mnemonic: “Great Britain resident, Mr. Noble Boris, likes ketchup, chips; black raspberry, kraft singles. Not so greedy, Mr. Boris, swims, jogs. Good relaxation settles reactive minds. Kindly greet/kiss/bless because Mr. Boris rationalizes respect.” 1 2 3 Here you Go! “Great Britain Resident, Mr. Noble Boris, Likes Ketchup, Chips; Black […]
Read more "Judges and Astrology III"The legal heirs of someone deceased, convicted under Section 138, are neither liable to pay the fine or undergo imprisonment. However, they have a right to challenge the conviction of their predecessor. Trial Court had acquitted the (now) deceased on basis of an opinion of a handwriting expert. High Court considered, the opinion was inconclusive. […]
Read more "Cheque Bounce Acquittal"“Reliance is placed on Sri Nasiruddin, (1975) 2 SCC 671. Muhammed Ashraf, AIR 2009 KER 14 took support from the dictum in Holmes v. Bradfield Rural District Council, 1949 (1) All ER 381 and also in Sri Nasiruddin, (1975) 2 SCC 671 wherein this Court adopted ‘just, reasonable and sensible’ interpretation.” – Hon’ble Justice A.M. Khanwilkar, The Authorised […]
Read more "The Revival of Ray XXIX"Shivrang Yadavrao Waghmare was appointed as a Judicial Magistrate on 01.03.1985. He was dismissed from service on 15.01.2004. The allegation was, Justice Waghmare had a ‘proximate relationship’ with a Lawyer and thus, decided favorably in favor of the Lawyer’s clients, including the Lawyer’s family when they were parties to certain proceedings. This is ‘gratification’ of […]
Read more "Purity of Character I"“The sheet anchor is the Constitution Bench Judgment in P. Vajravelu Mudaliar, (1965) 1 SCR 614 and Nagpur Improvement Trust, (1973) 1 SCC 500. In Nagpur Improvement Trust a Seven-Judge Bench of this Court examined the matter in some detail, and followed P. Vajravelu Mudaliar together with another Judgment, Balammal, (1969) 1 SCR 90. Both, […]
Read more "The Revival of Ray XXVIII"The incident occurred on 01.05.1997. Additional Sessions Judge, Ambala adjudicated with finality on 09.06.1998. High Court of Punjab and Haryana adjudicated with finality on 05.03.2008. It wasn’t ever final. Smt. Gargi [Wife] was charged with the imputation that she killed Tirloki Nath [Husband] by strangulation and hung the dead body, as if it were a […]
Read more "The Perfect Murder"It is, most often, not permissible to read words in a statute which are not there. But, where the alternative lies between either supplying by implication certain words which appear to have been accidentally omitted, or adopting a construction which deprives certain existing words of all meaning, it is permissible to supply the words. “In […]
Read more "Word Supply I / The Revival of Ray XXVII"Anant Mills Co. Ltd. v. State of Gujarat and Others, (1975) 2 SCC 175 considered challenge to validity of Section 406, The Bombay Provincial Municipal Corporations Act, 1949. The principles laid down in Anant Mills Co. Ltd. and in Seth Nand Lal, 1980 (Supp) SCC 574 have consistently been followed, for instance in (i) Vijay […]
Read more "The Revival of Ray XXVI"Hon’ble Judges R.F. Nariman and Indu Malhotra, on 13.07.2018, questioned the view of Hon’ble Judges D.M. Dharmadhikari and B.N. Srikrishna, as declared on 14.01.2005 [HUDA v. Sunita, (2005) 2 SCC 479]. The question was right. _____ It is established that a beneficial or remedial legislation needs ‘fair and liberal interpretation’ [Om Prakash, (2017) 9 SCC 724]. The definition of […]
Read more "Economic Adventures of Statutory Bodies"“The territories forming part of Goa, Daman and Diu were part of the kingdom of Portugal. They were annexed by the Government of India by conquest on 20.12.1961 and became a part of India by virtue of Article 1(3)(c) of the Constitution. The President of India, exercising powers vested in him under Article 123(1) of […]
Read more "Civil Code in Goa"“Deceased undisputedly was over 80 years. Plaintiff pleaded that by reason of age and sickness, the mental capacity of the Deceased was impaired. There is no evidence whatsoever of his mental status. There can be no presumption with regard to the same only because of old age to equate it with complete loss of mental […]
Read more "Care For Elders ≠ Undue Influence"“A perusal of the definition of the word ‘fraud’, as defined in Section 17 of The Indian Contract Act, 1872 would reveal that the concept of fraud is very wide. It includes any suggestion, as a fact, of that which is not true, by a person who does or does not believe it to be […]
Read more "Fraud v. Misrepresentation"A. “Albert Einstein spoke of change when he said, ‘world as we have created is a process of our thinking. It cannot be changed without changing our thinking’.” – Hon’ble Chief Justice of India, Hon’ble Justice T.S. Thakur, Board of Control for Cricket v. Cricket Association of Bihar, (2016) 8 SCC 535. B. “We would like […]
Read more "Albert, Albert Einstein"During the period 15.06.1992 to 12.06.1994, Judicial Officer, Yogesh M. Vyas, was working as a Civil Judge (JD) and JMFC, Visnagar. There were allegations of corruption against him. High Court had come to the conclusion that no charge of corruption was made out. Since, Justice Vyas had already been out of the job for 8 […]
Read more "Compensatory Jurisprudence of Constitutional Courts X"“The most significant impact of Doctrine of Separation of Powers is seen and felt in terms of institutional independence of Judiciary from other Organs of State. Judiciary, in terms of personnel, the Judges, is independent. Constitutional Bench Judgments have uniformly ruled, Doctrine of Separation of Powers, though not specifically engrafted, forms part of the Basic […]
Read more "The Doctrine of Separation of Powers I"King-Emperor v. Khwaja Nazir Ahmad, AIR 1945 PC 18 has been quoted with approval, several times. The functions of Judiciary and Police are ‘complementary’ and not ‘overlapping’. They must be left to exercise their own function, subject to exceptions. Investigation into crimes is the prerogative of Police and excepting in ‘rare cases’, Judiciary must keep […]
Read more "The Nature of Judicial Power: Hon’ble Justice R. Banumathi"Greenstone Lobo, Howzzat?, (Readomania, 2019) is an interesting read. It is not enough to state, Mr. Lobo, over time, has predicted several times correctly. He has been writing a regular column on sports astrology, ‘Octozone’, in a popular Indian daily, DNA, since 2008. He has also been a columnist for Anandabazar Patrika, Times of India, Mumbai Mirror, Telegraph, Life Positive […]
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