Special Leave Petition has been filed with a delay of 663 days. Supreme Court of India cannot be a place for Governments to walk in when they choose, ignoring period of limitation prescribed. No doubt, some leeway is given for Government inefficiencies. But, sad part is, authorities keep on relying on judicial pronouncements for a […]
Read more "Condonation of Delay VIII: 663"I am of opinion, views expressed by Rajasthan High Court, Gujarat High Court, Bombay High Court and Uttarakhand High Court, termed as ‘first view’, is correct and not views expressed by Allahabad and Madhya Pradesh, called as ‘second view’. [Hon’ble Justice S. Ravindra Bhat] Finally, we must say, steps indicated by High Court of Gujarat […]
Read more "Vertical and Horizontal Reservation"The disqualification under Section 8 of The Representation of the People Act, 1951 is relatable to Article 191(1)(e). Therefore, any interpretation to Section 8 should be in sync with the constitutional scheme. Once the period of disqualification starts running, the seat, hitherto held by the person disqualified, becomes vacant by virtue of Article 190(3). His […]
Read more "Timing of Votes"Mr. Peter Leaver [Queen’s Counsel], Justice V.K. Gupta [Retd.] and Mr. Anthony Houghton [Senior Counsel] delivered their International Arbitral Award in New Delhi, on 12.05.2014. Majority Award [Mr. Peter Leaver and Mr. Anthony Houghton] was in favor of Anglo American Metallurgical Coal Pty Ltd. and Dissenting Award [Justice V.K. Gupta] dismissed the claim of Anglo […]
Read more "Section 34 of The Arbitration Act IV / Arbitral Award Dissent"The definition of the expression ‘shared household’ in Section 2(s) of The Protection of Women from Domestic Violence Act, 2005 uses the familiar legislative formula of a “means and includes” definition; where the definition of an expression in an enactment adopts a “means and includes” stipulation, it is intended to be exhaustive; the ‘means’ part […]
Read more "A “Means and Includes” Definition VI"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. […]
Read more "Section 53 of The Competition Act / Aggrieved Person II / The Revival of Ray LVII"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 […]
Read more "Referred to Larger Bench XVIII Answered: Arbitrability, The Transfer of Property Act"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 […]
Read more "Leo, Raph, Mikey, Don"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 […]
Read more "Election Petitions III"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 […]
Read more "Gifts, The Transfer of Property Act II"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 […]
Read more "Hate Speech / The Revival of Ray LVI"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 […]
Read more "Taxing Lottery I"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 […]
Read more "Poison"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 […]
Read more "Promissory Estoppel 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 […]
Read more "Principles of Natural Justice VI"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, […]
Read more "Venue v. Seat, Arbitration"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 […]
Read more "Writ Jurisdiction of High Courts II / The Revival of Ray LV"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 […]
Read more "Maintenance of Election Petitions"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 […]
Read more "Referred to Larger Bench I Mentioned: The Rules of The Game Principle"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 […]
Read more "Principles of Fiduciary Relationships"
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