“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"India’s first In-Vitro Fertilization (IVF) baby, and World’s second, Kanupriya, was born in Kolkata on October 3, 1978. The scientific technology behind IVF is known as Assisted Reproductive Technology (ART). Despite India being a hub of surrogacy, there is no legal framework. There are four types of surrogacy: traditional, gestational, commercial and altruistic. Commercial surrogacy […]
Read more "Surrogacy"Books on Constitutional Law are on Judges, Lawyers, occasionally on Politicians. Judges are central actors. The central actor in Rohit De, A People’s Constitution, (Princeton University Press, 2018) is the citizen litigant; private interests assumes public significance. We rarely meet those who have, at least, one positive act to share on Former Hon’ble Chief Justice […]
Read more "The Case of the Honest Prostitute"“There can be no doubt, a mere breach of contract is not in itself a criminal offence. However, as held by this Court in Hridaya Ranjan Prasad, (2000) 4 SCC 168 the distinction between mere breach of contract and cheating, which is a criminal offence, is a fine one. Breach of contract would amount to […]
Read more "Section 482 of The Code of Criminal Procedure, 1973 III: Deception at Inception"“There is no doubt that the socio-economic factors relating to a convict should be taken into consideration for the purposes of deciding whether to award Life Sentence or Death Sentence. The consideration of socio-economic factors is tied up with another important issue and that is whether the convict has had adequate legal representation. It would […]
Read more "Review of Death Penalty IV"“Reliance was placed on State of Maharashtra v. Shankar Krisanrao Khade, 2008 ALL MR (Cri) 2143. It may be mentioned, en passant, view of Bombay High Court in Shankar was not accepted by this Court in Shankar Kisanrao Khade v. State of Maharashtra, (2013) 5 SCC 546 in Paragraphs 60 and 61.” – Hon’ble Justice Madan […]
Read more "En Passant II"“The issues arising relate to procurement of 36 Rafale Fighter Jets for Indian Airforce. It is our considered opinion/view, extent of permissible judicial review in matters of contracts, procurement, etc. would vary with subject matter of contract and there cannot be any uniform standard or depth of judicial review which could be understood as an […]
Read more "The Nature of Judicial Power: 36 Rafale Fighter Jets"My Lord, Consumer-Disputes are Non-Arbitrable? No. Arbitration Act does not exclude jurisdiction of Consumer Forums to decide Consumer-Disputes under The Consumer Act [Skypak Couriers Ltd., (2000) 5 SCC 294]. If X opts for Arbitration, it may be possible to state, X cannot, subsequently, file a Complaint under The Consumer Act. However, National Seeds Corporation Limited, […]
Read more "Section 8 of The Arbitration Act VI: Arbitrable Disputes"Recently, Hon’ble Justice Ashok Bhushan quoted 650 words of 14th Chief Justice of India, Hon’ble Justice A.N. Ray. These words are to be found in 4 Paragraphs in 2 Judgments. The style is exhibited below: “In Jagir Singh v. State of Bihar, (1976) 2 SCC 942 Court was considering the definition of “owner” as defined […]
Read more "The Revival of Ray X"“Appeal arises from the Judgment of a Learned Single Judge of High Court of Calcutta by which the Respondent’s Application for condoning a delay of 514 days in filing an Application under Section 34 of The Arbitration and Conciliation Act, 1996 was allowed. This Court needs to assess whether the benefit of Sections 5 and […]
Read more "Section 34(3) of The Arbirtration Act I"It was decided. 8 December, 1930 would be ‘Operation Simpson Day’. The journey began at 12:00 in the afternoon. Three Men sat in a taxi and headed for the Writers Building. One of them had his Birthday < 50 hours ago. The last ride together. [File No. 59/19/30] 12:30. Cap, coat, tie, trousers, boots – […]
Read more "December 8, 1930"“High Courts are Courts of Record, set up under Article 215 of The Constitution of India. It is clear that these Constitutional Courts, being Courts of Record, the jurisdiction to recall their own Orders is inherent by virtue of the fact that they are Superior Courts of Record. This has been recognized in: National Sewing […]
Read more "Courts of Record"
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