“Respondent who was working with State Bank of India at Puducherry was discharged from service for an offence involving moral turpitude. Whether an offence involves moral turpitude or not depends upon facts and circumstances. Ordinarily, tests that can be applied for judging an offence involving moral turpitude are: a) whether the act leading to a […]
Read more "Moral Turpitude II"“Contracts of insurance are governed by the principle of utmost good faith. The duty of mutual fair dealing requires all parties to a contract to be fair and open with each other to create and maintain trust between them. In a contract of insurance, the insured can be expected to have information of which she/he […]
Read more "Contracts of Insurance I"A wife died under unnatural circumstances in Nigeria. Her mother moved an application under Section 311 seeking a) summoning of Dr. I. Yusuf [Department of Pathology, Aminu Kano Teaching Hospital] through High Commission of Nigeria or b) recording Dr. I. Yusuf’s evidence through video-conferencing, after issuing a commission for the purpose. Dr. I. Yusuf had […]
Read more "Section 311 of The Code of Criminal Procedure, 1973 II"Sacred Games, Season 1 (2018, dir. Anurag Kashyap, Vikramaditya Motwane) was showcased by Netflix in June, 2018. Writ Petition (Civil) No. 7123 of 2018 was filed before Delhi High Court against Sacred Games soon after. One word used in Episode 4 [‘Brahmahatya‘] deserved correction. It remains unchanged. 09.04.2019 – Writ Petition (Civil) No. 7123 of […]
Read more "Sacred Games"“The adjudication in the present case must proceed on the foundation that Shiv Dev Kaur had a life interest in the property. Creation of a tenancy was an incident of the life interest which she had. It was means of her generating rental income to sustain herself. This was authorized by the will. The submission […]
Read more "Trespassing Tenant"My Lord, Mental Illness and Crime? Post-Conviction Mental Illness? “It is well acknowledged fact throughout the world, prisons are difficult places to be in. Piare Dusadh v. King Emperor, AIR 1944 FC 1 has already recognized ‘post-conviction mental illness’ as a mitigating factor. It must be recognized, ‘insanity’ recognized under IPC and ‘mental illness’ we […]
Read more "Review of Death Penalty XIII"“Section 12(5) is a new provision which relates to the de jure inability of an Arbitrator to act as such. Under this provision, any prior agreement to the contrary is wiped out by the non-obstante clause in Section 12(5) the moment any person whose relationship with the parties or the Counsel or the subject matter […]
Read more "Section 12(5) of The Arbitration Act III"My Lord, Supreme Court Quotations of Sherlock Holmes? One. “After all, an ordinary purchaser is not gifted with the powers of observation of a Sherlock Holmes.” [Parle Products, (1972) 1 SCC 618] My Lord, High Court Quotations of Sherlock Holmes? Some. “It would not require the penetrating intelligence of a Sherlock Holmes to realize in […]
Read more "Sherlock, Sherlock Holmes"The presumption under Section 139 is a rebuttable presumption; Section 139 is an example of a reverse onus and test of proportionality should guide construction and interpretation of reverse onus clauses on accused and accused cannot be expected to discharge an unduly high standard of proof; standard of proof for rebutting is of preponderance of […]
Read more "Rebuttable Presumption I"My Lord, Recent Events? Hon’ble Justice Ranjan Gogoi quoted a Judgment authored under Chief Justiceship of Hon’ble Justice A.N. Ray; Hon’ble Justice K.M. Joseph quoted a Judgment authored by Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. _____ An issue has been raised by Learned Attorney General with regard to the manner in which […]
Read more "The Revival of Ray XX"In 2006, the marriage of the Appellant-Wife and the Respondent-Husband was solemnized. In 2009, Master Krishav Gautam was born. In 2012, Respondent-Husband filed for divorce. Trial Court directed, Master Krishav Gautam should be admitted in Col. Satsangi’s Kiran Memorial Public School, New Delhi. Learned Counsel submitted, Master Krishav Gautam is not willing to study in […]
Read more "Choice of School"“Something is rotten in the State of Denmark“, sensed Marcellus, said Shakespeare in Hamlet, and it can similarly be said, something is rotten in Allahabad High Court, said Hon’ble Judges Markandey Katju and Gyan Sudha Misra in Raja Khan v. U.P. Sunni Central Waqf Board, (2011) 1 SCC (LS) 359. The rot was, of course, […]
Read more "Then Mark, Denmark"“Araya Complex”, Sector 62, Golf Course Extension Road, Gurugram Respondent/Flat Purchaser – Apartment Buyer’s Agreement – Appellant/Builder. Appellant/Builder, Failed! Respondent/Flat Purchaser, NCDRC, Consumer Complaint. “Respondent – Flat Purchaser could not be compelled to take possession at such a belated stage. The inordinate delay in handing over possession of the flat clearly amounts to ‘deficiency of service’. A […]
Read more "Four Crore Apartment"“Learned Counsel relied upon Ranchhodji Chaturji Thakore, 1996 (11) SCC 603 and Jaipal Singh, 2004 (1) SCC 121 to contend, in case, criminal proceedings are initiated at behest of employer, and employee is acquitted, he would be entitled to claim full wages for the period he was kept out of duty during pendency of criminal […]
Read more "Back Wages II"Cases where the science involved is highly specialized and perhaps even esoteric, the central role of an expert cannot be disputed [Ramesh Chandra Agrawal v. Regency Hospital Limited, (2009) 9 SCC 709]. Be that as it may, it cannot be forgotten, opinion evidence is advisory in nature, and Courts are not bound by evidence of […]
Read more "Science for Everyone: Superimposition Technique"21 March 2006, 18:30 – 20:00 Satyendra Pratap Singh entered the swimming pool of Hotel Samudra, Kovalam. All of a sudden, Satyendra Pratap Singh became unconscious and sank into the pool. The victim was pulled out of the water and was taken to hospital. He died at 21:00 on the same day. ____ NCDRC has […]
Read more "Tort of Negligence"“The custody of minor children has been considered difficult in adjudication by the Courts apart from raising delicate issues, especially when the spouses are NRIs. For the custody of children, a tussle was going on between the parents. Obviously, the ultimate goal which has to be kept in mind is the best interest of the […]
Read more "The “First Strike” in Child Custody Battles III"“Court is tasked with determining whether a death due to malaria occasioned by a mosquito bite in Mozambique, constituted a death due to accident. Debashis Bhattacharjee was working as a Manager of a Tea Factory at Cha-De-Magoma, District: Gurue, Province: Zambezia, Republic of Mozambique. In order to constitute an accident, the event must be in […]
Read more "Malaria in Mozambique"“This Court has laid down the test as to how the Court should decide the question as to whether a particular item is a part of other. The test is a thing is a part of the other if the other is incomplete without it. In other words, a thing is a part of the […]
Read more "The Revival of Ray XIX"My Lord, Hon’ble Justice A.P. Sen View, Paragraphs 86-87, Express Newspapers v. Union of India, (1986) 1 SCC 133 = Majority View? Yes. “We, consider it apposite to refer to The Guardians of The Poor of The West Derby Union v. The Guardians of The Poor of The Atcham, (1889) 24 QBD 117. The question […]
Read more "Ratio Decidendi I"
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