Security Clearance is Mandatory – The Cable Television Network (Amendment) Rules, 2012. My Lord, Principle of Natural Justice, Fair Play Overlooked? “In similar circumstances, in Ex-Armymen’s Protection Services Private Limited, (2014) 5 SCC 409 following was laid down: “What is in ‘interest of national security’ is not a ‘question of law’. It is a ‘matter […]
Read more "Principles of Natural Justice IV"My Lord, Nuziveedu infringed Monsanto’s Patent ? “Technically complex suit. We leave open all questions of fact and law to be urged for consideration in appropriate proceedings. The suit involved complicated mixed questions of law and facts with regard to patentability and exclusion of patent which could be examined in the suit on basis of evidence. There is no […]
Read more "Monsanto v. Nuziveedu: Patent Battle"45 Years of E.P. Royappa Determination of Equation of Pay Scales: Government, Experts; Not Courts [SAIL, (2011) 11 SCC 122; S.C. Chandra, (2007) 8 SCC 27]. Determinative Factors in Equation of Posts: a) Prescribed Minimum Qualification; b) Nature and Duty [E.P. Royappa, (1974) 4 SCC 3]; c) Responsibility and Power; Salary [P.K. Roy, AIR 1968 SC […]
Read more "Principle of Parity II / The Revival of Ray XI"“The question of entitlement to file a suit under Order 33 provided plaintiff is able to prove that he is not possessed of sufficient means to pay the requisite fees is required to be decided by holding an inquiry as prescribed under Order 33, Rules 4-7. Rule 9 empowers the Court to withdraw the permission […]
Read more "Order 33, 44 of The Code of Civil Procedure, 1908"07.01.2019 My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972? “No. Clearly Not. See, Ahmedabad Pvt. Primary Teachers’ Association, (2004) 1 SCC 755.” – Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. State of Jharkhand, [Civil Appeal No. 2530 of 2012]. _____ 09.01.2019 My Lord, Teachers are […]
Read more "Section 2(e) of The Payment of Gratuity Act, 1972"“The material questions, which are required to be gone into for grant of the relief of specific performance, are first, whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property; second, whether the plaintiff has been ready and willing to perform his part of contract and whether he […]
Read more "Relief of Specific Performance"“A claim of title to the goods which have been seized is a relevant consideration while passing an order under Section 452. Where there are conflicting claims of entitlement to the property, the Magistrate may deal with them or, where it is found that the rival claims need to be resolved after an evidentiary trial, […]
Read more "Section 452 of The Code of Criminal Procedure, 1973"“Offences under Sections 307, 294 read with Section 34, IPC are non-compoundable. Accused fired twice by a country-made pistol. High Court has committed a grave error in quashing the criminal proceedings solely on the ground, Complainant and Accused have settled the dispute. In Gulab Das, (2011) 12 SCALE 625 this Court has specifically observed that […]
Read more "Compound the Non-Compoundable"“The present case is governed by The Pre-Amended 1996 Act [See, Section 15(2)]. This Court in ACC Ltd. v. Global Cements Ltd., (2012) 7 SCC 71 held that the procedure agreed upon by the parties for the appointment of the Original Arbitrator is equally applicable to the appointment of a Substitute Arbitrator, even if the […]
Read more "Section 15(2) of The Arbitration Act III"“Section 26 of The Arbitration and Conciliation (Amendment) Act, 2015 has to be construed literally first, and then purposively and pragmatically. Section 26 is indeed in two parts, separate and distinct. Whereas the first part refers only to Arbitral Proceedings before an Arbitral Tribunal, the second part refers to Court Proceedings “in relation to” Arbitral […]
Read more "Section 26 of The Arbitration Act"Comprehension means the unpremeditated, attentive facing up to, and resisting of, reality. The Supreme Court of India (‘SC’) has 26 Hon’ble Judges. It is difficult to comprehend the Highest Court of the Land and its Judges. The Supreme Court of the United States has 9 Judges who enjoy an appointment for a lifetime. In contrast, […]
Read more "The Nature of Judicial Power: Chief Justice of India No. 51"“Every breach of contract gives rise to an action for damages. Innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. The aforesaid proposition remains to hold the field. This rule is more qualified when it comes to the real estate […]
Read more "The Law on Compensation for Breach of Contract III"My Lord, Who Killed Mahatma? Mahatma Gandhi: Dead. Accused: Dead. Unseen Hand? Issue: Gross. Truth: Well Known. Hearsay. New Fires of Controversy: No. – Hon’ble Justice S.A. Bobde – Hon’ble Justice L. Nageswara Rao, Dr. Pankaj Kumudchandra Phadnis v. Union of India Ministry of Law and Justice, [SLP (Civil) 8293 of 2018].
Read more "Murder of Mahatma"My Lord, Practice Permissible for Foreign Law Firms / Lawyers in India? The ‘practice’ of law includes litigation as well as non-litigation. A casual visit isn’t practice. It isn’t possible to hold, there are no bars on Foreign Lawyers conducting Arbitration in India. It is true, subject to regulations, Foreign Lawyers can practice Foreign Law […]
Read more "Foreign Lawyers in India"My Lord, Transfer Investigation by West Bengal Police to NIA/CBI/Independent Investigation Agency? Power of Transferring Investigation: When, Rare and Exceptional Case; When, Investigation by State Police: No Credibility; When, Confidence in Public Mind: Necessary. Not a Fit Case. – Hon’ble Justice Ashok Bhushan, Bimal Gurung v. Union of India, [Writ Petition (Criminal) No. 182 of […]
Read more "Investigation Transfer"My Lord, Constitution of Benches and the Allocation of Cases by the Chief Justice must be Regulated by a Procedure? In the Allocation of Cases and the Constitution of Benches the Chief Justice has an Exclusive Prerogative. From an Institutional Perspective the Chief Justice is placed at the Helm of the Supreme Court. The Chief […]
Read more "Constituting Benches, Allocating Cases"“In Gopal Sah, (2008) 17 SCC 128 Court held, an extra-judicial confession is, on the face of it, weak evidence and should not be relied upon to record a conviction, in the absence of a chain of circumstances. In Pancho, (2011) 10 SCC 165 as well, Court refused to convict the accused on the basis […]
Read more "Extra Judicial Confessions I"“The clause only bars interest upon earnest money or security deposits or amounts payable to the contractor under the contract. The above-mentioned amounts are amounts which in a sense belong to the contractor. They are amounts voluntarily deposited with the other contracting party in order to be refunded or forfeited depending on performance of the […]
Read more "Section 31(7) of The Arbitration Act IV"Issues of Tribunals: Unresolved. 07.05.2018 “The functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice. L. Chandra Kumar, (1997) 3 SCC 261 noted, various Tribunals have not evolved up to the expectations which is self-evident and widely acknowledged. Drastic measures were required to elevate the standards. R. […]
Read more "Rojer Mathew, SLP (Civil) 15804/2017"The execution of a Will is proved not only when the statutory requirements for proving that Will are satisfied but the Will is also found to be ordinarily free from suspicious circumstances [Pragnaben, (2008) 15 SCC 365]. Whether a Will is surrounded by suspicious circumstances or not is essentially a question of fact. “3 Courts […]
Read more "The Proof of Valid Wills I"
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