The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"We cannot read, a word in singular, namely: ‘consumer’, will not include plural. If vowel ‘a’ and word ‘consumer’ appearing in Section 2(5)(i) of The Consumer Protection Act, 2019 are to be understood to exclude more than one person, it will result in a disastrous consequence while reading Section 2(5)(vi). A way of interpreting Section […]
Read more "Class Action, Consumer Disputes II"Learned Senior Counsel made a request to wait for a decision. “We do not consider it necessary to do so.” Only after Reference to Larger Bench in State Bank of India v. Sheo Shankar Tewari, (2019) 5 SCC 600 this Court decided Indian Bank v. Promila, (2020) 2 SCC 729; N.C. Santhosh v. State of […]
Read more "Compassionate Appointment IV"In our opinion, it is a sound and well-established rule of law, Court is concerned with quality and not with quantity of evidence necessary for proving or disproving a fact. Generally speaking, oral testimony in this context may be classified into three categories, namely: (1) wholly reliable; (2) wholly unreliable; (3) neither wholly reliable nor […]
Read more "Review of Death Penalty XXIV"It is clear, for resting a conviction in case of circumstantial evidence, circumstances from which conclusion of guilt is to be drawn should be fully established and all facts so established should be consistent only with hypothesis of guilt. There must be a chain of evidence so complete as not to leave any reasonable ground […]
Read more "Review of Death Penalty XXIII"Dibrugarh offered a simple, uncomplicated lifestyle and we grew up in a milieu with a consistent feel-good ambience. My greatest satisfaction as a Lawyer was, help I could render to my Father outside Court when he had faced a disqualification under Tenth Schedule in 1994. P.K. Goswami, Senior Advocate, represented my Father. Amitava Roy [Retired […]
Read more "Justice Ranjan Gogoi’s Justice"24.04.2011 – Kallu Khan, riding an unnumbered motorcycle, turned back and tried to run away. Suspecting his conduct, he was apprehended and questioned. Eventually, a polythene bag, containing a brown substance resembling and confirmed to be smack, weighing 900 grams, was found in Kallu’s motorcycle. It was contended, motorcycle seized in commission of offence does […]
Read more "900 Grams of Smack"Mofil Khan v. State of Jharkhand, [Review Petition (Criminal) No. 641 of 2015 in Criminal Appeal No. 1795 of 2009] has observed, possibility of reformation and rehabilitation of convict is an important factor which has to be taken into account as a mitigating circumstance. It is also our duty to take into consideration, state of mind of […]
Read more "Review of Death Penalty XXII"On a fair reading of Section 427 of CrPC, when a person who is already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at expiration of imprisonment to which he has been previously sentenced. However, there is an […]
Read more "Section 427 of The Code of Criminal Procedure, 1973"“Insurance is a contract of speculation. Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of the fact, and his believing the contrary.” – Lord Mansfield, Carter v. Boehm, (1766) 3 Burr 1905. What is necessary to be disclosed are ‘material facts’ which […]
Read more "Contracts of Insurance IV"Court has propounded several tests for determining reasonableness for purpose of Article 19(1)(g). These have ranged from testing restrictions for arbitrariness [Dwarka, AIR 1954 SC 224; Shree Meenakshi Mills, AIR 1974 SC 366], excessiveness [Chintaman Rao, AIR 1951 SC 118] and discerning their objective of compliance with Directive Principles of State Policy [Saghir Ahmad, (1955) […]
Read more "Proportionality in Culture of Justification I"Waiver is abandonment of a right which normally everybody is at liberty to waive [Pravesh Kumar Sachdeva v. State of Uttar Pradesh, (2018) 10 SCC 628]. Waiver of mandatory requirement of a statute was considered by this Court in depth in Commissioner of Customs, Mumbai v. Virgo Steels, Bombay, (2002) 4 SCC 316. Similarly, in […]
Read more "The Doctrine of Waiver"A land dispute caused loss of life of Abdul Wahab. An endeavour to escape by taking shelter did not succeed. Taijuddin said, “Wahab is there in house of Shorab“. It is right, mere fact of not being brave enough to conceal where Wahab was hiding doesn’t make Taijuddin part of an unlawful assembly. Once we […]
Read more "Faction-Ridden Village Community"
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