The Revival of Ray LVII

Samir Agarwal sought, by an information filed, CCI to initiate an inquiry, under Section 26(2) of The Competition Act, 2002, into the alleged anti-competitive conduct of Ola and Uber. Shri Rajshekhar Rao, appearing on behalf of Ola, submitted, Samir cannot be said to be a ‘person aggrieved’ for the purpose of sections 53B and 53T. […]

Referred to Larger Bench XVIII Answered: Arbitrability, The Transfer of Property Act

We overrule Himangni Enterprises, (2017) 10 SCC 706 and hold, landlord-tenant disputes are Arbitrable as The Transfer of Property Act, 1882 does not forbid or foreclose Arbitration. However, landlord-tenant disputes covered and governed by Rent Control Legislation would not be Arbitrable when a specific Court or Forum has been given exclusive jurisdiction to apply and […]

Leo, Raph, Mikey, Don

Titty, alias George Kurian, a Turtle, was seized. Veterinary Surgeon identified the Turtle, on inspection, as ‘Indian Flap Shell’. The scientific name is ‘Lissemys Punctata’. Court, near immediately, directed the Turtle to be freed. Section 9 of The Wild Life (Protection) Act, 1972 prohibits hunting of any wild animal under Schedule I, II, III and […]

Election Petitions III

P.A. Mohammed Riyas v. M.K. Raghavan, (2012) 5 SCC 511 was overruled in G.M. Siddeshwar v. Prasanna Kumar, (2013) 4 SCC 776 on the question whether it is imperative to file an affidavit in terms of Order VI, Rule 15(4) of The Code of Civil Procedure, 1908 in support of the averments made in the […]

Gifts, The Transfer of Property Act II

Section 122 of The Transfer of Property Act, 1882 provides, a valid gift must be gratuitous in nature and must be made voluntarily. The said giving away implies a complete dispossession of the ownership in the property by the Donor. Acceptance of a gift by the Donee can be done anytime during the lifetime of […]

Hate Speech / The Revival of Ray LVI

Amish Devgan hosts ‘Aar Paar’ on News18 India and ‘Takkar’ on CNBC Awaaz. It remains difficult in law to draw the outmost bounds of freedom of speech and expression, the limit beyond which the right would fall foul and can be subordinated to other democratic values and public law considerations, so as to constitute a […]

Taxing Lottery I

Section 2(b) of The Lotteries (Regulation) Act, 1998 defines, ‘lottery’ means a scheme, in whatever form and by whatever name called, for distribution of prizes by lot or chance to those persons participating in chances of a prize by purchasing tickets. State of Bombay v. R.M.D. Chamarbaugwala, AIR 1957 SC 699 had occasion to consider […]

Poison

Majority of 2:1 affirmed the conviction in Anant Chintaman Lagu v. State of Bombay, AIR 1960 SC 500. There is absolutely no evidence relating to poison in relation to the deceased. If it were forcible poisoning by using any kind of poison, there would be struggle and resistance. There are none. The existence of […]

Promissory Estoppel VI

Crabb v. Arun DC, [1976] 1 Ch 179 (Court of Appeal). The requirements of Doctrine of Promissory Estoppel have also been formulated in ‘Chitty on Contracts’, 32nd Edition. Combe v. Combe, [1951] 2 KB 215 has been noticed to be inconsistent [Wyvern Development, Re, [1974] 1 WLR 1097; Tungsten Electric Co Ltd. v. Tool Metal […]

Principles of Natural Justice VI

A lot of noise but no music! The present case is a classic one where multiple proceedings have been initiated but have resulted in no culmination over a period just short of a decade. 1. Principles of Natural Justice requires only a substantial compliance and not every miniscule violation would spell illegality [Chairman, Board of […]

Venue v. Seat, Arbitration

The Shashoua Principle has been followed repeatedly in a series of decisions [See, BGS SGS Soma JV v. National Hydro Electric Power Corporation Ltd., 2020 (4) SCC 234]. Court, in facts of this case, is of opinion, it is inessential to explain or notice difference between ‘venue’ and ‘seat’. – Hon’ble Justice S. Ravindra Bhat, […]

Writ Jurisdiction of High Courts II / The Revival of Ray LV

We will first discuss the scope of interference by a High Court in exercise of its Writ Jurisdiction with respect to disciplinary proceedings. State of Andhra Pradesh v. Chitra Venkata Rao, (1975) 2 SCC 557 reiterated the principles of State of Andhra Pradesh v. S. Sree Rama Rao, AIR 1963 SC 1723. “An error of […]

Maintenance of Election Petitions

Charan Lal Sahu v. Giani Zail Singh, (1984) 1 SCC 390 must clearly govern the present case. It is settled, where a person has no interest at all, or no sufficient interest to support a legal claim or action, he will have no locus standi to sue. The entitlement to sue or locus standi is […]

Referred to Larger Bench I Mentioned: The Rules of The Game Principle

Tej Prakash Pathak, (2013) 4 SCC 540 doubted K. Manjusree, (2008) 3 SCC 512. If covered by K. Manjusree, in keeping with Tej Prakash Pathak [Salam Samarjeet Singh, (2016) 10 SCC 484 and Sivanandan C.T., (2018) 1 SCC 239], instant matter must either be Referred to a Larger Bench or must await decision of a […]

Principles of Fiduciary Relationships

See, Frame v. Smith, [1987] 2 SCR 99. Hospital Products Ltd. v. United States Surgical Corporation Ltd., (1984) 156 CLR 41 rightly observed, the scope of fiduciary duties is moulded according to the nature of the relationship and facts of the case. Principles of Fiduciary Relationships are equitable. Equity never operates in an absolute manner […]

The Persistent Illusion of Judge-Strength

It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem… it affects some High Courts far more than others.” Imtiyaz Ahmed v. […]

Any Other Sufficient Reason

The words ‘any other sufficient reason’ appearing in Order 47, Rule 1 of The Code of Civil Procedure, 1908 must mean a reason sufficient on grounds at least analogous to those specified in Order 47, Rule 1 as was held in Chhajju Ram v. Neki, AIR 1922 PC 112 and approved by this Court in […]

Experts VI: Ballistics Experts

Mohinder Singh, AIR 1953 SC 415 was considered by a Co-ordinate Bench of this Court in Gurucharan Singh, (1963) 3 SCR 585. The evidence of a ballistics expert would assume significance where direct evidence is not satisfactory, or is of interested witnesses or where nature of injuries requires expert corroboration. In other words, whether examination […]

Judicial – Bench Strength – Decorum II

Constitution Benches are constituted to resolve a constitutional issue, harmonize conflicting views and settle law. Constitution Bench decisions might only be reconsidered by a Constitution Bench of a Larger Strength and that too in exceptional and compelling circumstances. Bench of Lesser Strength cannot revisit a proposition laid down by at least Three Constitution Benches. Raj […]

The Revival of Ray LIV

Court should be over cautious to place reliance on a piece of evidence with which the concerned witness has not been confronted despite an opportunity to do so. As held by this Court in Sita Ram Bhau Patil v. Ramchandra Nago Patil, (1977) 2 SCC 49 an admission must not only be proved but also […]

The Last Word

A Diversion for Lawyers and Others

Author: Rudrajyoti Nath Ray