The Indo-European Extradition Treaty II

Following Hon’ble Justice Madan B. Lokur, Ministry of External Affairs corrected that India has an Extradition Treaty with Chile since 1897. Interestingly, India has an Extradition Treaty with Netherlands since 1898, with Switzerland since 1880, with Belgium since 1901. Thus, it is predictable that no fugitive or mastermind is going to flee to Chile, Netherlands, […]

Section 34 of The Arbitration Act I

“As far as Section 34 is concerned, the position is well-settled by now that the Court does not sit in appeal over the Arbitral Award and may interfere on merits on the limited ground provided under Section 34(2)(b)(ii). Arbitral Awards may not be interfered with if the view taken by the Arbitrator is a possible […]

Review of Death Penalty VIII

Accused was a 22-Year-Old B.SC. student at the time of incident, and used to impart tuitions in the town of Lahar and in the village where he used to live. He had no prior criminal history. Trial Court awarded Death Sentence. Learned Senior Counsel Sanjay R. Hegde drew attention to the fact he was just […]

Section 482 of The Code of Criminal Procedure, 1973 IV

“In Indian Oil Corpn, (2006) 6 SCC 736, a Two Judge Bench reviewed precedents on exercise of jurisdiction under Section 482. A criminal proceeding can be quashed where allegations made do not disclose commission of an offence under The Penal Code. Though law does not require a complaint to reproduce legal ingredients of a offence […]

Order 8, Rule 1 of The Code of Civil Procedure, 1908 I

A suit was filed on 10.03.2017. Defendant was served with summons on 14.07.2017. 120 days from this date takes us to 11.11.2017. No written statement had been filed. However, an Order 7, Rule 11 application was filed. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into force on […]

Contempt Jurisdiction II / The Revival of Ray XV

“It is high time we re-arranged our law so that the ancient but misleading term ‘Contempt of Court’ disappeared from the law’s vocabulary [Lord Scarman, Attorney-General v. British Broadcasting Corporation, [1980] 3 All ER 161]. It is important to remember that while considering the question of disobedience of an Order, what must be regarded is […]

I, Eye-Witness

Md. Aziz Ali, Md. Kutub Ali, Md. Mamud Ali and Samir Ali, fast asleep in their home in the early hours of the morning, oblivious to their imminent fate, were mercilessly murdered in a barbaric manner by armed accused, without any instigation or provocation. The incident took place at about 06.00 A.M. on 09.11.1995. Though […]

Referred to Larger Bench XVI: Decades of Decay

S. Azeez Basha v. Union of India, (1968) 1 SCR 833 observed, the words “establish and administer” in Article 30(1) must be read conjunctively and so read it gives the right to a religious minority to administer an educational institution provided it has been established by it; Article 30(1) cannot be read to mean, even […]

Section 405/406, Indian Penal Code II

“Turning to Section 405 read with Section 406, IPC we observe that the dispute arises out of a loan transaction between the parties. The law clearly recognizes a difference between simple payment/investment of money and entrustment of money or property. A mere breach of a promise, agreement or contract does not, ipso facto, constitute the […]

Tiny Habits of Police Investigation

The Detective Diaries is a continuation of his first book, Murder in the City. Discerning readers will spot changes in investigative techniques. I wish you a thrilling literary journey ahead. – Rajeev Kumar, Commissioner of Police, Kolkata [20/12/2018]. _____ At various stages of writing, I have received invaluable help from colleagues, past and present, for […]

Referred to Larger Bench XV: Gracious Compassion

Original Scheme – Appointment on Compassionate Grounds Substituted Scheme – Ex Gratia Payment ________ State Bank of India, (2010) 11 SCC 661 + MGB Gramin Bank, (2014) 13 SCC 583 Governing Scheme: Original Scheme or Substituted Scheme? Answer/Principle: ‘Inconsistent’, ‘Irreconcilable’. Canara Bank, (2015) 7 SCC 412 ________ “Bench of Appropriate Strength.” Hon’ble Justice U.U. Lalit […]

Referred to Larger Bench XIV Answered: 2 Gunny Bags of Charas

My Lord, Informant-Investigating Officer? “The principle of fair trial now informs and energizes many areas of the law. Societal interest mandates, Mohan Lal cannot be allowed to become a spring board for being catapulted to acquittal, irrespective of all other considerations. If the facts in Mohan Lal were telling with regard to the prosecution, the […]

Complex Economic Hawala / Section 204 of The Code of Criminal Procedure, 1973

“We fully endorse Justice B.K. Rathi’s view in Raj Kumar Agarwal, 1999 Cr.LJ 4101. The standard to be adopted for summoning the accused under Section 204, Cr.P.C. is not the same at the time of framing the charge; it must be seen only whether there is sufficient ground for proceeding against the accused; fact that […]

Might and Ought

Hon’ble Justice S Rangarajan in Delhi Cloth & General Mills Co. Ltd., ILR (1975) II Delhi 174 noticed: “The words employed – might and ought – are cumulative; they are not in the alternative.” The words ‘might’ and ‘ought’ are used in a conjunctive sense. Lord Morris in Kameswar Pershad, 1892 SCC Online PC 16 […]

Judicial – Bench Strength – Decorum I / The Revival of Ray XIV

Power of Judicial Review, High Court [Article 226], Supreme Court [Article 32]: Integral and Essential Feature; Basic Structure of Constitution [L. Chandra Kumar, (1997) 3 SCC 261]. Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Bench of Coordinate Strength/Larger Strength or a Higher Forum. ✔ Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Smaller Bench of Lesser Strength. ✘ […]

Unchartered Ocean of Policy Decision I / The Revival of Ray XIII

“For Muslims, place of birth of Hazrat Muhammed, i.e. Saudi Arabia, is the most sacred place. Visiting that place is pilgrimage for Muslim community, which is known as performing ‘Haj’. It is the desire of every person of Muslim faith, living anywhere in this world, to visit Saudi Arabia for performing Haj. Kingdom of Saudi […]

Section 31(7) of The Arbitration Act V

My Lord, Interest? No. “High Court has held that no interest is payable. Arbitrators are creatures of agreements. G.C. Roy, (1992) 1 SCC 508 exhaustively dealt with power of the Arbitral Tribunals to grant pre-reference and pendente lite interest. Of course, 1940 Act was in vogue at that time. In Reliance Cellulose Products Ltd., (2018) […]

Contempt Jurisdiction I

Contempt, Yes/No ≠ Mechanical Application of Mind [Sushila Raje Holkar, (2008) 14 SCC 392]. Contempt Jurisdiction = Four Corners of Disobeyed Order [Sudhir Vasudeva, (2014) 3 SCC 373]. Contempt Jurisdiction, Disobeyed Order = Willful Disobedience, Non-Compliance. Hon’ble Justice R. Banumathi, Armugam v. Balakrishnan, [Civil Appeal No. 1510 of 2019].

Section 195 of The Code of Criminal Procedure, 1973 I

“This Court in Chajoo Ram, (1971) 1 SCC 774 held, prosecution under Section 195 could be initiated only by the sanction of Court and only if the same appears to be deliberate and conscious. The category of offences which fall under Section 195(1)(b)(i) refer to the offence of giving false evidence and offences against public […]

Independent Bar & Independent Bench I

My Lord, Backbone of Democracy? “Independent Bar and Independent Bench. To preserve the very independence, the observance of constitutional values, mutual reverence and self-respect are absolutely necessary. Lawyers must avoid corruption and collusion of any kind, false pleadings, twisting of facts. Honesty, dedication and hard work is the only source towards perfection. The hunger for […]

The Last Word

A Diversion for Lawyers and Others

Author: Rudrajyoti Nath Ray