“It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is […]
Read more "Compassionate Appointment II"A ‘consent’ given under fear of injury is not a ‘consent’ in the eyes of law. We are not persuaded to accept the solitary statement that, at the time of the first alleged offence, ‘consent’ was obtained under fear of injury. A ‘consent’ given under a misconception of fact is no ‘consent’ in the eyes […]
Read more "Section 90, Indian Penal Code"There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]
Read more "Day-Fraction"The law will assist only those who are vigilant about their rights and not those who sleep over them. The importance of legal maxims as guiding principles can hardly be underestimated. “The principle forming the basis of Section 10(1) of The General Clauses Act, 1897 also finds a place in Section 4 of The Limitation […]
Read more "Vigilantibus Non Dormientibus Jura Subveniunt"The issue of limitation for enforcement of foreign awards, being procedural in nature, is subject to the law of the forum where the foreign award is sought to be enforced. The Arbitration Act, 1996 does not specify any period of limitation for filing an application for enforcement of a foreign award. Section 43 provides, The […]
Read more "The Plea of Limitation XIV: Enforcement of Foreign Arbitral Awards / The Revival of Ray LIII"“Having taken note of the Arbitration Clause existing in two different set of documents between the same parties relating to the same transaction, in order to harmonize or reconcile and arrive at a conclusion as to which of the Arbitration Clauses would be relevant in the instant fact, it would be necessary for us to […]
Read more "Different Arbitration Clauses"“On 18.06.2001, the Intelligence Officer in the Narcotics Control Bureau, Chandigarh was proceeding to Theog from Shimla. He was travelling along with other Officials. In transit, they stopped near Nangala Devi Temple. When they ordered meals and tea and were waiting for the food to be served, the Intelligence Officer could smell the odour of […]
Read more "13 Kilograms of Charas / The Revival of Ray LII"NLSIU, Bangalore has been in existence for some time now. The number of people who display the University, as, at least, a footnote in their identity, is distinctive. I came across my Super-Senior, Ruchika Chanana, while discussing on ‘Quirkier’, The NLSIU Alumni Newsletter. I am happy to have found a spot in ‘Quirkier’, Issue 1. […]
Read more "The Sadanand Sharma Trophy for Extramural Excellence"Pravin Kumar (‘Kumar’) joined the Central Industrial Security Force in January, 1995 as a Sub-Inspector. Eventually, he was deployed in the Crime and Intelligence Wing. As evidenced, Kumar was specifically entrusted with conducting surprise searches and taking strict action against anyone indulging in corruption. On 28.02.1999, Constable Ram Avtar Sharma (‘Sharma’) was commuting in a […]
Read more "Disciplinary Proceedings III"Muthukumar is said to be the kingpin involved in this crime and is absconding. Ashoo appears to be a victim of Muthukumar’s plot. The standard of proof in a departmental proceeding, being based on preponderance of probability, is somewhat lower than the standard of proof in a criminal proceeding where the case has to be […]
Read more "Disciplinary Proceedings II"“Diwan Bros. v. Central Bank of India, (1976) 3 SCC 800 referred to the well-known dictum of Lord Buckmaster in Barras v. Aberdeen Steam Trawling and Fishing Company, 1933 AC 402. “It has long been a well-established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning […]
Read more "Lord Buckmaster"“Magma General Insurance Company Ltd., (2018) 18 SCC 130 explained the concept of ‘consortium’. United India Insurance Company Ltd. v. Satvinder Kaur, (2020) SCC Online 410 reaffirmed the view. Three-Judge Bench further laid down that, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards […]
Read more "Consortium II"“At this stage, it is important to understand the difference between the offences mentioned in Section 195(1)(b)(i) and Section 195(1)(b)(ii). Where the facts mentioned in a complaint attracts the provisions of Section 191 to 193 of the IPC, Section 195(1)(b)(i) applies. What is important is that once these sections of the IPC are attracted, the […]
Read more "Section 195 of The Code of Criminal Procedure, 1973 II"“In the case of Mohan Lal this Court observed, in a case where the informant and the investigator is the same, the trial is vitiated and the accused is entitled to acquittal. Varinder Kumar held, the decision in the case of Mohan Lal shall be applicable prospectively and shall not affect the cases, pending criminal […]
Read more "Referred to Larger Bench XIV Answered Again: Mohan Lal"Pusan raised questions and submitted letters about Busan’s company and his other employees, present and former. Busan was obviously upset. Busan: Pusan, apologize. That’s it. Pusan: No; neither my questions nor my submissions are incorrect. I will happily undergo punishment. Pusan’s Senior Colleague: Pusan has been under your employment for years now. Sir Busan, be […]
Read more "Contempt Jurisdiction VI / Childish Magnanimity"“The existence of a ‘substantial question of law’ is the sine qua non for the exercise of jurisdiction under Section 100. The principles for deciding when a question of law becomes a ‘substantial question of law’, have been enunciated by a Constitution Bench of this Court in Sir Chunilal V. Mehta & Sons Ltd. v. […]
Read more "Section 100 of The Code of Civil Procedure, 1908"“We cannot obviously feed into a judicial computer all such… astrological imponderables in an imperfect and undulating society.” – Bachan Singh v. State of Punjab, (1982) 3 SCC 24. _____ Rule 55A of The Motor Vehicles Rules, 1994, framed and published by Madhya Pradesh, prescribes ₹ 10,000/- for reservation of a large series of registration […]
Read more "Life of Numbers"Most jurists draw distinction between ‘direct application’ of treaties in domestic law, and national legal systems that mandate and require ‘act of transformation’ for an international treaty to apply and be a part of domestic law; ‘direct application’ means and mandates that the treaty norms, either wholly or to some extent, are directly treated as […]
Read more "Act of Transformation"“In A. Subash Babu v. State of A.P., (2011) 7 SCC 616 this Court held, “The expression ‘aggrieved person’ denotes an elastic and an elusive concept… Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case…” […]
Read more "Aggrieved Person / The Revival of Ray LI"“It is clear that ‘serious allegations of fraud’ arise only if either of the two tests laid down are satisfied, and not otherwise. The first test is satisfied only when it can be said that the Arbitration Clause or agreement itself cannot be said to exist in a clear case in which the Court finds […]
Read more "Arbitrability of Fraud"