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"The expression ‘of the same nature’ in Section 83 of The Motor Vehicles Act, 1988 can have multiple meanings. This phrase, in its natural expression, would only mean having similar features. But then, would ‘same’ mean similar, identical, equivalent, comparable, interchangeable or related? Likewise, would ‘nature’ mean type, feature, texture, make, model, design, or generation? […]
Read more "Same Nature / The Revival of Ray LXXX"The Juvenile Justice (Care and Protection of Children) Act, 2000 stands repealed by The Juvenile Justice (Care and Protection of Children) Act, 2015. The procedure for determining age is now part of Section 94 of 2015 Act which was earlier provided under Rule 12 of The Juvenile Justice (Care and Protection of Children) Rules, 2007. […]
Read more "Claim of Juvenility II"Oriental Insurance Company Limited had insured Jaina Construction Company’s Tata Aiwa Truck [Registration No. RJ-02-098177], purchased on 31/10/2007, which was robbed by some miscreants on 04/11/2007. It may be noted, there was conflict of decisions of Two-Judge Benches of this Court. Three-Judge Bench in Gurshinder Singh v. Shriram General Insurance Company Ltd., (2020) 11 SCC […]
Read more "Contracts of Insurance V"My Lord, Was Resignation of Ms. X, on 15/07/2014, Voluntary? We are only examining, i) correctness of Order of Transfer, ii) rejection of ‘representations’ and iii) question as to whether ‘resignation’ could be construed to be voluntary or not. Ms. X tendered a ‘resignation’ on 15/07/2014, which was accepted by Government of Madhya Pradesh, Law […]
Read more "Involuntary Resignation"Even when we find no reason to consider interference in concurrent findings of fact leading to conviction, question still remains about correctness of Death Sentence. Principles of Penology have evolved. This has led to evolution of ‘rarest of rare’. High Court though has made rather intense comments has, thereafter, proceeded to confirm Death Sentence with […]
Read more "Review of Death Penalty XXV"Elucidation on aspect of ‘care’ required to seek statutory protection under Section 131 is to be found in Indian Overseas Bank v. Industrial Chain Concern, (1990) 1 SCC 484. We must be realistic and pragmatic not to narrow down Banker’s protection under Section 131 to make Banker’s position vulnerable. Officers of Banks are not required […]
Read more "Banker’s Protection, The NI Act"
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