“A perusal of the definition of the word ‘fraud’, as defined in Section 17 of The Indian Contract Act, 1872 would reveal that the concept of fraud is very wide. It includes any suggestion, as a fact, of that which is not true, by a person who does or does not believe it to be […]
Read more "Fraud v. Misrepresentation"A. “Albert Einstein spoke of change when he said, ‘world as we have created is a process of our thinking. It cannot be changed without changing our thinking’.” – Hon’ble Chief Justice of India, Hon’ble Justice T.S. Thakur, Board of Control for Cricket v. Cricket Association of Bihar, (2016) 8 SCC 535. B. “We would like […]
Read more "Albert, Albert Einstein"During the period 15.06.1992 to 12.06.1994, Judicial Officer, Yogesh M. Vyas, was working as a Civil Judge (JD) and JMFC, Visnagar. There were allegations of corruption against him. High Court had come to the conclusion that no charge of corruption was made out. Since, Justice Vyas had already been out of the job for 8 […]
Read more "Compensatory Jurisprudence of Constitutional Courts X"“The most significant impact of Doctrine of Separation of Powers is seen and felt in terms of institutional independence of Judiciary from other Organs of State. Judiciary, in terms of personnel, the Judges, is independent. Constitutional Bench Judgments have uniformly ruled, Doctrine of Separation of Powers, though not specifically engrafted, forms part of the Basic […]
Read more "The Doctrine of Separation of Powers I"King-Emperor v. Khwaja Nazir Ahmad, AIR 1945 PC 18 has been quoted with approval, several times. The functions of Judiciary and Police are ‘complementary’ and not ‘overlapping’. They must be left to exercise their own function, subject to exceptions. Investigation into crimes is the prerogative of Police and excepting in ‘rare cases’, Judiciary must keep […]
Read more "The Nature of Judicial Power: Hon’ble Justice R. Banumathi"Greenstone Lobo, Howzzat?, (Readomania, 2019) is an interesting read. It is not enough to state, Mr. Lobo, over time, has predicted several times correctly. He has been writing a regular column on sports astrology, ‘Octozone’, in a popular Indian daily, DNA, since 2008. He has also been a columnist for Anandabazar Patrika, Times of India, Mumbai Mirror, Telegraph, Life Positive […]
Read more "Sports and Astrology"“We must first consider whether it is the 1940 Act or the 1996 Act which applies to the Arbitration Applications. It is settled law, the date of commencement of Arbitration Proceedings for the purpose of deciding which Act applies, upon a conjoint reading of Sections 21 and Section 85(2)(a) of the 1996 Act, shall be […]
Read more "Statutory Limitation of Arbitration"In Shrimati Indira Nehru Gandhi v. Shri Raj Narain, [1976 2 SCR 347] Ray CJ. and Chandrachud J. had laid stress on rule of law in our constitutional scheme. The term ‘rule of law’ is not a magic lamp which can be scratched to invoke a power which brings to any person in need whatever […]
Read more "The Discomfort of ADM Jabalpur II"Hon’ble Justice L. Nageswara Rao in State of Tamil Nadu v. G. Hemalathaa, Civil Appeal No. 6669 of 2019 quoted Chief Justice John Roberts in Caperton v. A.T. Massey, 556 U.S. 868 (2009). “Extreme cases often test the bounds of established legal principles. There is a cost to yielding to the desire to correct the […]
Read more "Hard Cases Make Bad Law"“The circumstances under which an employee can withdraw the resignation tendered by him and what are the limitations to the exercise of such right, have been dealt by this Court in a number of decisions. It is well settled, normally, until the resignation becomes effective, it is open to an employee to withdraw his resignation. […]
Read more "Prospective Resignation"A ‘consent’ based on misconception of facts is not a ‘consent’ in the eyes of the law. In the context of a promise to marry, there is a distinction between a false promise given on the understanding by the maker that it will be broken and breach of a promise which is made in good […]
Read more "Section 375, Indian Penal Code"P.S. Malik, Additional District Judge [Dwarka, New Delhi], against whom disciplinary proceedings alleging sexual harassment is underway, filed a Writ Petition under Article 32. Supreme Court was quick to note, expression of opinion by Court on issues relevant and material in a disciplinary inquiry may cause prejudice. An important question was considered, nonetheless. The word […]
Read more "The Revival of Ray XXV"It is admitted, after a personal hearing took place on 30.07.2011, no decision was passed on objections submitted by land-owners, either allowing or disallowing their objections; nor was any communication sent to them. It is abundantly clear, in absence of an order being passed as contemplated by Section 20D of The Railways Act, 1989 no […]
Read more "Non-Communicated File Notings I"Arbitration Agreements need not be a formal contract. Section 7(4)(b) states, an Arbitration Agreement can be derived from exchange of letters, telex, telegram or other means of communication, including through electronic means. What is required to be ascertained is, intention of parties to refer their disputes or differences to Arbitration. A common-sense approach must be […]
Read more "Non-Signatories to Arbitration II"Not all crimes are perfectly investigated. SC was recently evaluating the possibility of releasing Former Panachayat Chairman Balwan Singh, accused of murder [Balwan Singh v. State of Chattisgarh, Criminal Appeal No. 727 of 2015]. Learned Senior Counsel, Shri Sanjay Hegde successfully argued for Balwan. Delay in recording statements of eye-witnesses need not necessarily raise suspicion. […]
Read more "Blood of Human Origin I"My Lord, A plaintiff claiming title by adverse possession can maintain a suit under Article 65 of The Limitation Act, 1963 for declaration of title? Yes. Historically, adverse possession is a pretty old concept of law. It is a useful but an often-criticized concept. It is a hostile possession, clearly asserting hostile title in denial […]
Read more "The Sword of Adverse Possession"“When a Court ignores the binding precedent of a Larger Bench, the Judgment so delivered is held to be per incuriam and has no precedential value. The principle of per incuriam has been developed by English Courts in relaxation of the rule of stare decisis. In practice per incuriam is per ignoratium. See, Paragraph 40, […]
Read more "Per Incuriam II"“Justice Krishna Iyer delivered a concurring opinion in Sushil Kumar Sen v. State of Bihar, (1975) 1 SCC 774, expressing a thought process which would be of significant relevance to the issue in hand. “The humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary […]
Read more "The Revival of Ray XXIV"While evaluating mitigating circumstances, brutality of the crime should never be lost sight of. Perhaps, that is the lesson taught by Hon’ble Justice R.F. Nariman. _____ “The entire chain of events has been made out and despite this being a case of circumstantial evidence, the prosecution has clearly proved its case beyond reasonable doubt. The […]
Read more "Review of Death Penalty XIV"“While the powers the High Court may exercise under its Writ Jurisdiction are not subject to strict legal principles, two clear principles emerge with respect to when a High Court’s Writ Jurisdiction may be engaged. First, the decision of the High Court to entertain or not entertain a particular action under its Writ Jurisdiction is […]
Read more "Writ Jurisdiction of High Courts I"
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