‘De Facto’ Possessor of Object v. ‘De Jure’ Owner of Object ≈ ‘Actually’ Has v. ‘Ought’ to Have “A person who asserts possessory title over a particular property must show that he is under settled or established possession of the said property – settled possession means such possession over the property which has existed for […]
Read more "Animus Possidendi"My Lord, When Lessor and Lessee enter Agreement for Sale/Purchase of the Tenanted Premises, Jural Relationship of Lessor and Lessee [w.r.t. Leased Property/Tenanted Premises] Ends? “Question has to be decided keeping in view Section 111 of The Transfer of Property Act, 1882 and the intention of the parties. Shah Mathuradas Maganlal, (1976) 3 SCC 660 […]
Read more "Express, Implied Surrender, The Transfer of Property Act / The Revival of Ray XII"“The College has been habitually indulging in foul play. The bravado shown in an attempt to cheat Medical Council of India-Government-Court, has to be condemned. “Apology is an act of contrition. Unless apology is offered at the earliest opportunity and in good grace, the apology is shorn of penitence and hence is liable to be […]
Read more "Compensatory Jurisprudence of Constitutional Courts IX : Cringing Coward"High Court of Madhya Pradesh confirmed the Death Sentence. Learned Senior Counsel, Sri Sanjay R. Hegde contended: there is no acceptable and convincing evidence to prove guilt beyond reasonable doubt; prosecution has failed to prove concept of ‘last seen’; no examination/consideration of mitigating circumstances/relevant aspects: socio-economic background, lack of criminal antecedents, possibility of reform; no […]
Read more "Review of Death Penalty VII"Appellant was convicted and awarded Capital Punishment, confirmed by High Court of Madhya Pradesh. Ruby was married to Sanjay. Appellant ‘coveted’ her; ‘warned’ her, he would not allow her to ‘live with anybody else’; ‘threw acid’, burning and injuring family members, killing her. There is no ‘conjecture’, ‘surmise’ or ‘inference’ in narration of witnesses; evidence […]
Read more "Review of Death Penalty VI"Appellant-Director [Himanshu] cannot not be prosecuted for a Company-Issued, Director-Signed Cheque Bounce without Company [M/s. Lakshmi Cement and Industries Ltd.] being named/arraigned as an Accused. Three-Judge Bench in Aneeta Hada, (2012) 5 SCC 661 governs area of dispute. Three-Judge Bench has since been followed by a Two-Judge Bench in Charanjit Pal Jindal vs. L.N. Metalics, […]
Read more "Notice to Directors II"“Two Judge Bench in State Bank’s Staff Union (Madras Circle) v. Union of India, (2005) 7 SCC 584 had occasion to examine the concept. Further in Jay Mahakali Rolling Mills v. Union of India, (2007) 12 SCC 198 following has been laid down: “Retrospective means looking backward, contemplating what is past, having reference to a […]
Read more "Retrospective v. Retroactive I"“After the Amendment to The Arbitration and Conciliation Act, 2015 – Section 12(5) prohibits the employee of one of the parties from being an Arbitrator. In the present case, the agreement between the parties was entered into on 28.01.2000 and the Arbitration Proceedings commenced way back in 2009 and thus, one cannot invoke Section 12(5) […]
Read more "Section 12(5) of The Arbitration Act II"“Muslim Law clearly distinguishes between a valid marriage (sahih), void marriage (batil), and invalid/irregular marriage (fasid). Thus, it cannot be stated that a batil (void) marriage and a fasid (invalid/irregular) marriage are one and the same. The marriage of a Muslim Man with a Hindu Woman is neither a valid (sahih) nor a void (batil) […]
Read more "A Fasid Marriage"Daya Kishan Joshi, (2018) 11 SCC 642; Surendra Pandey, (2015) 13 SCC 625; Lord Denning. “He fell off the roof of the bus accidentally and died. Merely because the deceased was coming down the roof of the bus after having his meal, cannot be considered in isolation and interpreted so myopically to hold that he […]
Read more "The Doctrine of Notional Extension"“We find it difficult to accept the view taken in Mohan Lal. It was held, a fair investigation, which is but the very foundation of fair trial, necessarily postulates, the informant and the investigator must not be the same person. Some have maintained a distinction in that where the investigation was conducted by the informant […]
Read more "Referred to Larger Bench XIV: 4 Kilograms of Opium"“The NDPS Act carries a reverse burden of proof under Sections 35, 54. Section 35(2) provides, a fact can be said to have been proved if it is established beyond reasonable doubt and not on preponderance of probability. Article 21 of the Constitution would be a hollow promise if the investigation were not to be […]
Read more "4 Kilograms of Opium"“It is no doubt true that Arvind committed suicide on 23.02.2002. There is also no dispute that Arvind blamed Rajesh [Wife’s Brother]. In order to bring a case within the purview of Section 306, IPC there must be a case of suicide and in the commission of the said offence, the person who is said […]
Read more "Section 306, Indian Penal Code I"“It needs to be borne in mind, there may be certain activities which society perceives as immoral per se. It may include gambling (though that is also becoming a debatable issue now), prostitution et cetera. It is also to be noted, standards of morality in a society change with passage of time. A particular activity, […]
Read more "Morality of Gambling"Appellant was a driver working with Swargate S.T. Depot, Pune. On 25.01.2012 he had requested for changing his ‘night out duty’ to ‘single day duty’. After his request was declined, he ‘hijacked’ a S.T. Bus; ‘crushed to death’ 2-3; ‘killed’ 6; ‘grievously injured’ / ‘permanently disabled’ 36; ‘damaged’ public property. Appellant was not in a […]
Read more "Review of Death Penalty V"“The correctness of the decision in Sadanandan’s case was doubted. Three-Judge Bench of this Court in MSR Leathers v. S. Palaniappan held that there is nothing in the provisions of Section 138 of The Act that forbids the holder of the cheque to make successive presentation of the cheque and institute the criminal complaint based […]
Read more "Successive Presentations of Cheque"“It is true, an extra-judicial confession is used against its maker but as a matter of caution, it is advisable for Court to look for a corroboration with other evidence on record. In Gopal Sah, (2008) 17 SCC 128 this Court held, an extra-judicial confession is, on the face of it, weak evidence and Court […]
Read more "Extra Judicial Confessions II"Stories, Locking Key, Weapons, Blood Stains, Fingerprints, Hair, Robbed Items, Murdered Bodies, Accused: Recovered. Trial Court: Capital Punishment. 2:1 High Court: Acquittal. Hon’ble Justice Mohan M. Shantanagoudar, Ashish Jain v. Makrand Singh, [Criminal Appeal No. 1980 of 2008]: Acquittal “We have re-appreciated the entire evidence. No whisper of an important fact / crucial piece of […]
Read more "Setting Aside, Acquittal Orders II"“The policy of compassionate appointment is premised on the death of an employee while in harness. The death of an employee is liable to render the family in a position of financial hardship and need. Compassionate appointment is intended to alleviate the hardship that the family of a deceased employee may face upon premature death […]
Read more "Section 16 of The Hindu Marriage Act / Compassionate Appointment I"“STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM”: JUDGE LEARNED HAND. Gypsum (Calcium Sulphate Dihydrate): Natural Mineral. Gypsum Board / Drywall: Cellulosic Composite Material; Primary Raw Material = Calcium Sulphate Dihydrate + Cellulose; See, George J Venta, The Athena Sustainable […]
Read more "Euclid’s Theorem II"
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