It may be necessary to have a look at Section 133 of The Customs Act, 1962 which is analogous to Section 186 of The Indian Penal Code, 1860. In our considered opinion, the expression ‘intentionally’ used in Section 133 and the expression ‘voluntarily’ used in Section 186 connote the same meaning. Court while construing the […]
Read more "Intentionally, Voluntarily"The jurisprudential divide between irregular and illegal appointments is neither artificial nor academic Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1 held, mere technical irregularities in appointment processes, in absence of evidence of illegality, arbitrariness or fraud, cannot be a ground to undo appointments, especially when appointees are not at fault. Vikas Pratap […]
Read more "The Baishakhi Principle"Democracy, in its essence, means a society governed by elected representatives of people based on universal adult franchise in a free and transparent manner. Thus, free and fair elections go to the root of a functional democracy. Lok Prahari v. Union of India, (2018) 4 SCC 699 summarized the legal and contextual position regarding non-disclosure of assets […]
Read more "Consequential or Inconsequential Import"Air Force has continually opened new Combat Air Force Roles for Women as Fighter Pilots, Helicopter Pilots, et cetera. It does not stand to reason, when Women Officers like Captain Ojaswita Shree, Major Dwipannita Kalita and Flight Lieutenant Shivangi Singh can operate behind enemy lines with all expected risks, why Women Officers in times of […]
Read more "Women Officers"The Chief Justice of India bears a significant moral responsibility to ensure, Judiciary functions in a transparent, efficient and constitutionally appropriate manner. The Chief Justice of India is clearly an important person in maintaining institutional interest and credibility. The Chief Justice of India owes a duty to keep our justice delivery system pure, clean and […]
Read more "Where Eagles Dare"The only purpose of entrusting work of adjudicating Disqualification Petitions to a Speaker/Chairman was to avoid dilly-dallying in Courts or the Election Commission’s office. The question we have to ask ourselves is, whether the trust which Parliament entrusted has been adhered to? Kihoto Hollohan v. Zachillhu, 1992 Supp (2) 651 was not expected to anticipate, […]
Read more "Dilly-Dally"Khursheed [Police Constable-Baramulla] on 17/02/2023 received a signal from Aijaz Ahmad Naiko [Deputy Superintendent of Police-Kupwara] to report on 20/02/2023. The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by complete mutilation of Khursheed’s genitalia, represents one of the most barbaric instances of Police atrocity which State is trying to defend […]
Read more "Compensatory Jurisprudence of Constitutional Courts XV : Custodial Violence II"Secunderabad Club v. CIT, 2023 INSC 736 had occasion to delineate how to cull out ratio decidendi and identify principles which have precedential value. Further, a simple test has been invoked by this Court. Professor Eugene Wambaugh’s ‘Inversion Test’ mandates, to determine whether a particular proposition of law is part of ratio decidendi, either that […]
Read more "Ratio Decidendi IV"R.M. Malkani v. State of Maharashtra, (1973) 2 SCR 417 is locus classicus on determining admissibility of a tape-recorded conversation. When this Court decided Yusufalli Esmail Nagree v. State of Maharashtra, AIR 1968 SC 147 and R.M. Malkani, devices like tape-recorders and microphones were carefully placed in a space wherein conversations could be secretly recorded […]
Read more "Spill the Beans"For purposes of clarity, a narco-analysis test is an interrogation method whereby a suspect of a crime is injected with a psychoactive drug under controlled conditions to suppress their reasoning power or ability to determine what is good/bad for themselves. Selvi v. State of Karnataka, (2010) 7 SCC 263 held involuntary administration of this test […]
Read more "Narco-Analysis"The expression ‘entertainments’ is a word of general import and in common parlance includes cinema shows, dramatic performances. The expression ‘entertainments’ used in Entry 62 – List II does not draw a distinction between one who derives amusement and one who caters to it. It covers both categories. Court has interpreted the expression ‘entertainments’ in […]
Read more "Entertainments"Niranjan Shankar Golikari v. Century Spinning and Manufacturing Co., 1967 SCC OnLine SC 72 made a distinction between restrictive covenants operating during subsistence of an employment contract and those operating after its termination. This view was reiterated by Justice A.P. Sen, in concurrence, in Superintendence Company (P) Ltd. v. Krishan Murgai, (1981) 2 SCC 246. […]
Read more "Minimum Service Tenure"We reiterate, suspicion, however strong, cannot take place of evidence. – Hon’ble Justice Ahsanuddin Amanullah, P. Nallammal v. State, [Criminal Appeal No. 2489 of 2025]. Our disagreement is on culpability of P. Nallammal, Wife of since deceased A.M Paramasivam. There is no doubt, mere registration of ‘disproportionate assets’ in name of a Public Servant’s Relative […]
Read more "Referred to Larger Bench XL: Minister’s Spouse"Were this an ordinary civil suit, we could have possibly applied ‘preponderance of probabilities’ which may have resulted in some leeway and latitude in favour of D. Kumar (Election Petitioner) and against A. Raja. However, as per J. Chandrasekhara Rao v. V. Jagapathi Rao, 1993 Supp (2) SCC 229 and M. Chandra v. M. Thangamuthu, […]
Read more "Judges & Politicians & Social Media"R.P. Kapur v. State of Punjab, 1960 SCC OnLine SC 21 enumerated category of cases where inherent powers may be invoked to quash a criminal proceeding. But, “High Court would not embark upon an enquiry as to whether evidence in question is reliable or not. Ordinarily it would not be open to any party to […]
Read more "Mini Trial"Although in Paragraph 45 of State of Maharashtra v. Najakat Alia Mubarak Ali, (2001) 6 SCC 311 view of Hon’ble K.T. Thomas J did have concurrence of Hon’ble S.N. Phukan J, bare reading of view expressed in Paragraph 44 accords with dissenting view of Hon’ble R.P. Sethi J. We attempted a reconciliation of conflicting views. […]
Read more "The Najakat Conflict"In a battle between a mighty lion and a weak lamb, should Courts put those weak to sword for not having demonstrated ‘prejudice’ when a brazen violation of law declared by a Constitution Bench is brought to its notice? Why should those mighty not be made answerable as to why an enquiry report has not […]
Read more "Disciplinary Proceedings XI"Constitution Bench of this Court in Union of India v. H.C. Goel, AIR 1964 SC 364, pointed out, in carrying out purpose of rooting out corruption, mere suspicion should not be allowed to take place of proof even in domestic enquiries. That scrupulous care should be taken to see innocent are not punished, applies as […]
Read more "Compensatory Jurisprudence of Constitutional Courts XIV"We observe a tendency on part of Members of Bar to rely upon a large number of decisions, whether relevant or irrelevant. Multiple decisions are cited on same proposition of law. This makes hearing time-consuming. Courts permit written submissions. Very long written submissions come on record. A high monetary stake should not result in unnecessarily […]
Read more "Ordinary Man"Manoj Parihar v. State of Jammu and Kashmir, (2022) 14 SCC 72 opined, Doctrine of Prospective Overruling must be exercised in explicit terms and therefore, law declared by this Court would have a retrospective effect unless stated otherwise. It would not be an absolute rule, prospective overruling or prospective operation of a decision must be […]
Read more "The Doctrine of Prospective Overruling III"
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