“The parameters of exercise of power under Section 319, CrPC has been explained by this Court time and again. It is sufficient to refer to Constitution Bench Judgment in Hardeep Singh, (2014) 3 SCC 92. Constitution Bench held, the person against whom Court decides to proceed, “has to be a person whose complicity may be […]
Read more "Section 319 of The Code of Criminal Procedure, 1973 I"Several matters, every week, are considered for ‘legal aid’. I had briefly assisted Senior Advocate, Jaideep Gupta in this regard and had recommended aid for Ujwala Pandurang Toraskar v. Mormugao Port Trust [Diary No. 20112 of 2018]. Judgment of HC of Bombay at Goa [Writ Petition No. 279/2016], was challenged. On July 3, 2018 SC […]
Read more "Legal Aid"Hon’ble Justice Ashok Bhushan was Elevated as a Permanent Judge of the Allahabad High Court on April 24, 2001. Circa 2005 RNR: Landmark Judgments – Hallmark of Judicial Brilliance? AB: The Judges are only known by their Judgment. They cannot have their own ideologies or perspectives in contrast to Politicians. Therefore, Judgments are the only […]
Read more "Hon’ble Justice Ashok Bhushan"“An agreement was entered into with regard to development of property owned by the Appellants. This property is situated at 20, Feroz Shah Road, New Delhi which falls under Lutyens Zone. Respondent No. 2 paid a sum of Rs. 1,00,00,000 (Rupees One Crore). The agreement could not be fulfilled as the new building regulations prohibited […]
Read more "Section 482 of The Code of Criminal Procedure, 1973 II"“The Appellants are daily rated workers employed in Group ‘D’ posts in the Forest Department in the State of Uttar Pradesh. They filed Writ Petitions before the High Court of Allahabad seeking regularization of their services, the minimum of the pay scales available to their counterparts working on regular posts and treating them as being […]
Read more "Minimum Pay Scales for Temporary Employees"Recent Elevations to Supreme Court of 7 Judges is interesting. None of them shall be Chief Justice of India after Hon’ble Justice Dr. Chandrachud. Seniority is neither based on age nor on experience. It is purely accidental. The following is an extract from A.R. Antulay, Appointment of a Chief Justice, (Popular Prakashan, 1973). “Many Judges […]
Read more "Appointment of a Chief Justice"The Chief Guest at the Inaugural Function on 27.10.2018 was Hon’ble Justice Rajendra Menon, Chief Justice, Del HC. The Chief Guest at the Valedictory Function on 28.10.2018 was Hon’ble Justice R.K. Agrawal, Former SC Judge and President, NCDRC. The ‘Moot Proposition’ was drafted by Mr. Ravi Prakash, Advocate, Supreme Court of India. The Proposition [Abridged] […]
Read more "Fourth Prof. N.R. Madhava Menon SAARCLAW Mooting Competition [India Round], 2018-19"‘Yes?’ It was the Lover of the Century, Raghu. ‘You have to leave this Girl. It’s been too long.’ ‘I am so over her.’ 5 WhatsApp Messages, Zara Lone: ‘It’s my Birthday. I hope you remember.’ 9th February. ‘This is insane,’ Saurabh kept chanting. ‘Ready?’ I said, putting on my helmet. ___ Victim is Zara […]
Read more "The Zara Lone Case"“The Bill of Lading makes it clear that the ‘merchant’ expressly agrees to be bound by all the terms, conditions, clauses and exceptions on both sides of The Bill of Lading whether typed, printed or otherwise. The Arbitration Clause is Clause 25, printed and annexed to The Bill of Lading. Respondent has expressly agreed to […]
Read more "Section 7(5) of The Arbitration Act III"“As early as in 1975, a Four Judge Bench of this Court in Pratap Narain Singh Deo v. Srinivas Sabata, (1976) 1 SCC 289 speaking through Shingal J. has held that an employer becomes liable to pay compensation as soon as the personal injury is caused to the workman in an accident which arose out […]
Read more "The Revival of Ray IX"“Willie (William) Slaney v. State of Madhya Pradesh, AIR 1956 SC 116 explained the concept of ‘prejudice caused to the accused’ and held: “Trial is not vitiated unless the accused can show substantial prejudice. Some violations of the Code will be so obvious that they will speak for themselves as, for example, a refusal to give the […]
Read more "Principles of Natural Justice III"“Appeal is filed against Final Judgment and Order dated 18.12.2007 passed by High Court of Judicature of Rajasthan. Appellant is a Government Company, a Sick Company, engaged in manufacture of certain items. Respondent claimed, he worked with Appellant Company as a casual helper in its manufacturing plant from 10.06.1976 to 30.07.1977. He complained, by an […]
Read more "Compensatory Jusrisprudence of Constitutional Courts VIII : Ghanshyam Sharma"“There is a chequered history in this case, which is getting curious with each round of litigation. In English parlance, the word ‘suitable’ is assigned the meaning as ‘appropriate, fitted for the purpose or acceptable’. The Concise Oxford Dictionary defines the word ‘suitable’ as ‘well fitted for the purpose; appropriate’. This ordinary meaning is to […]
Read more "Suitable"“A decree of divorce was granted on 9.12.2016. Either parties could re-marry. Custody of both the children was agreed to be with the Appellant. Appellant re-married and there was a biological son of his second wife, borne out of her first wedlock. We have given deep thought to the matter. The second marriage of the […]
Read more "Second Marriages and Child Custody"“Gift means to transfer certain existing moveable or immoveable property voluntarily and without consideration by one person called the Donor to another called the Donee and accepted by or on behalf of the Donee as held by the Supreme Court in Naramadaben Maganlal, (1997) 2 SCC 255. As further held: “It would be clear that […]
Read more "Gifts, The Transfer of Property Act I"Legal Journalists obsess over presence of Khanna J in ADM JABALPUR. A presence caused by… Supreme Court quoted recently: Gwalior Rayon, (1974) 4 SCC 98. Judgment of Justices Khanna, Alagiriswami and Bhagwati was delivered by Khanna J. Justice K. K. Mathew gave a Separate Opinion, on behalf of A. N. Ray, CJI and himself. My Lord, […]
Read more "The Revival of Ray VIII"“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for […]
Read more "Masterly Concubinage II"The trouble with Aster was that he had no sense of proportion. But he was a good husband to Tria and an excellent father to his only daughter Rose. But Tria was at the end of her patience with her husband’s lack of practical sense. He had no ordinary common sense. He never invited his […]
Read more "Cyanide"An excellent book. I have chosen to extract the following: Page 131: “It was a period when Ricky Ponting’s team believed that every loss was an ‘upset’ and not just a win for their opponents. India had dominated this particular match from the beginning. Ishant Sharma, Sreesanth and Irfan Pathan had gathered nine wickets between […]
Read more "Shanthakumaran Sreesanth I"“‘Interest’ is defined as “the return or compensation for the use or retention by one person for a sum of money belonging to or owned by any reason to another”. In essence, an award of interest compensates a party for its forgone return on investment, or for money withheld without a justifiable cause. The current […]
Read more "Section 31(7) of The Arbitration Act III : Award of Interest"
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