The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of service rules governing relationship of employment. Unlike a criminal prosecution, where charge has to be established beyond reasonable doubt, in a disciplinary proceeding, a charge of misconduct has to […]
Read more "Disciplinary Proceedings VI"The expression ‘offence’ in Section 19 of The Protection of Children from Sexual Offences Act, 2012 would include all ‘offences’ under The Protection of Children from Sexual Offences Act, 2012 including ‘offence’ under Section 23. In our society, victims of ‘sexual offence’ are, more often than not, treated as an ‘abettor’, if not ‘perpetrator’, even […]
Read more "Referred to Larger Bench XXVI: Offence"As to what is ratio decidendi has been succinctly explained by this Court in Regional Manager v. Pawan Kumar Dubey, (1976) 3 SCC 334. “Indeed, we do not think, principles of law declared and applied so often have really changed. But, application of same law to differing circumstances and facts of various cases, which have […]
Read more "Ratio Decidendi III / The Revival of Ray LXXXIII"State of Jharkhand v. Brahmputra Metallics Ltd., Ranchi, 2020 SCC OnLine SC 968 observed, Doctrine of Legitimate Expectation, a public law concept, is premised on principles of fairness and non-arbitrariness in State action. Doctrine of Legitimate Expectation emerges as a facet of Article 14. Promissory Estoppel, being a private law concept, can be invoked if […]
Read more "Promissory Estoppel VIII"7-Judge Bench of this Court in Samsher Singh v. State of Punjab, (1974) 2 SCC 831 has held: “The authority may, in some cases, be of view, conduct of probationer may result in dismissal or removal on an inquiry. But in those cases, authority may not hold an inquiry and may simply discharge probationer with […]
Read more "The Revival of Ray LXXXII"A person who seeks refuge under umbrella of Article 25 has to demonstrate not only ‘essential religious practice’ but also its engagement with constitutional values. There is absolutely no material placed on record to prima facie show wearing of Hijab is a part of an ‘essential religious practice’ in Islam. It is not so, if […]
Read more "Hijab I"Though both parties have addressed this Court at length on merits and have also taken us through voluminous documents, we do not find it necessary to go into those issues. Justice S. Murtaza Fazal Ali as well as Justice A.N. Sen in Shah Babulal Khimji v. Jayaben D. Kania, (1981) 4 SCC 8 have a […]
Read more "5 Lakhs for Supreme Court I"Manoj Kumar Khokhar v. State of Rajasthan, 2022 SCC OnLine SC 30 and Jaibunisha v. Meharban, 2022 SCC OnLine 58 after duly acknowledging, liberty of an individual is an invaluable right, held, granting bail, if passed in a casual and cryptic manner, de hors reasoning which would validate grant of bail, is liable to be […]
Read more "Cessante Ratione Legis Cessat Ipsa Lex"Whether, and if so where, an employee should be posted are matters which are governed by exigencies of service; an employee has no fundamental right or a vested right to claim a transfer or posting of their choice; individual convenience of persons who are employed in service is subject to overarching needs of administration. Court […]
Read more "Proportionality in Culture of Justification II"Plaintiff’s two products – BLENDERS PRIDE, IMPERIAL BLUE – and Defendant’s CASINOS PRIDE belong to same segment i.e., Indian Made Foreign Liquor (IMFL) and, therefore, cater to same customer base. They are also available from same outlets. But, “one does not blend in a casino, and blenders don‘t play dice.” Arrangement of letters and overall […]
Read more "Imperial Blender’s Casino"Judicial Magistrate, First Class, Agar Malwa asked, whether there was motive of ‘slaughter of seventeen bulls’? No offence was made out. Abdul Vahab was acquitted. But, subsequently, there was a Confiscation Order, dated 09/08/2017, for Abdul’s Truck [MP/09/GF/2159], passed under Section 11(5) of The M.P. Prohibition of Cow Slaughter Act, 2004 and Rule 5 of […]
Read more "Bulls in Truck"When a Writ of Quo Warranto will lie has been dealt with by this Court in Rajesh Awasthi v. Nand Lal Jaiswal, (2013) 1 SCC 501. Retd. Armed Forces Medical Association v. Union of India, (2006) 11 SCC 731 observed, strict rules of locus standi are relaxed to some extent in Quo Warranto proceedings. A […]
Read more "The Writ of Quo Warranto II"Court has noticed a rising trend of cases where parties have attempted to take ‘another bite at the cherry’ by initiating proceedings over various forums, particularly to circumvent jurisdiction of this Court. A purportedly ancillary remedy is urged in another forum as a dilatory tactic or as an attempt at ‘forum shopping’. One of us […]
Read more "Forum Shopping I"There are no materials. A photocopy of a Ration Card, unsupported by any other material, does not even prima facie establish Shri Babuji Rawji Shah was adopted by Gangubai. A film carrying a message and depicting social circumstances of a group of underprivileged women is not impermissible. Nowhere has Shri Babuji Rawji Shah adverted to […]
Read more "Mafia Queens of Mumbai"My Lord, District Magistrate or Chief Metropolitan Magistrate can appoint and authorize an Advocate under Section 14(1A) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002? Yes. It is well established, an Advocate is a guardian of constitutional morality and justice equally with a Judge. He bears responsibility towards […]
Read more "Subordinate Officer"The issue is covered by Union of India v. V.R. Tripathi, (2019) 14 SCC 646. Court held, scheme and rules of compassionate appointment cannot violate mandate of Article 14; once Section 16 of Hindu Marriage Act regards a child, born from a marriage entered into while earlier marriage is subsisting, to be legitimate, it would […]
Read more "Compassionate Appointment V"Court notices, medical practitioners have a quasi-fiduciary relationship with their patients. A doctor’s prescription is considered final, even if cost of such medication is unaffordable or barely within economic reach – such is level of trust reposed. Therefore, it is a matter of great public importance and concern, when it is demonstrated, a doctor’s prescription […]
Read more "Freebies"We rely on Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed, (1976) 1 SCC 671: “It will be seen, in context of locus standi to apply for a Writ of Certiorari, an applicant may ordinarily fall in any of these categories: (i) ‘person aggrieved’; (ii) ‘stranger’; (iii) ‘busybody’ or ‘meddlesome interloper’. Persons in last […]
Read more "The Writ of Busybody Strangers / The Revival of Ray LXXXI"Orchestra Bars are required to secure premises and performance licenses. Court is no stranger to controversies relating to prohibition and restriction in participation of women from performances in establishments in Maharashtra: State of Maharashtra v. Indian Hotel and Restaurant Association, (2013) 8 SCC 519 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2015) […]
Read more "Morality of Orchestra Bars"By a Notification dated 03/12/2011, Staff Selection Commission invited applications for recruitment of Constables (GD) in Central Armed Police Forces (CAPFs) such as ITBP, BSF, CISF, CRPF and SSB and of Rifleman (GD) in Assam Rifles. My Lord, Candidates who have indicated preference to a Particular Service can be kept out of consideration for appointment […]
Read more "The Rules of The Game Principle VI / Recruitment of Constable, Rifleman"
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