“Though there are different agreements involving several parties, it is a single commercial project. All the parties can be covered by the Arbitration Clause in the main agreement. High Court, in our view, erred in not keeping in view the various clauses in all the three agreements which make them an integral part of the […]
Read more "Section 8 of The Arbitration Act V"It had been considered, in earlier times, that an Arbitration Clause in a Government Contract providing that an employee of the department will be the Sole Arbitrator is neither void nor unenforceable [Indian Oil Corporation Limited, (2009) 8 SCC 520; Ace Pipeline Contracts (P) Ltd., (2007) 5 SCC 304; M.P. Gupta, (2004) 10 SCC 504]. […]
Read more "Departmental Arbitrators"There is no limitation placed on power to review evidence in an Appeal against Acquittal. It is relevant to refer to Lord Russell in Sheo Swarup, (1934) 36 BOM LR 1185; Surajpal Singh, (1952) 3 SCR 193; Muralidhar @ Gidda, (2014) 5 SCC 730 and Ghurey Lal, (2008) 10 SCC 450. “Interference with Judgment of Trial Court, […]
Read more "Setting Aside, Acquittal Orders I"“Equality means parity of treatment under parity of conditions. The rule of parity is the equal treatment of equals in equal circumstances.” – Chief Justice of India, Hon’ble Justice A.N. Ray, State of Kerala v. N.M. Thomas, AIR 1976 SC 490. “The imposition of a penalty in disciplinary proceeding lies in the sole domain of […]
Read more "Principle of Parity I"Torrent Pharmaceuticals Ltd., ‘first past the post’, has a trade mark called ‘CHYMORAL’ and ‘CHYMORAL FORTE’, which is a drug administered post-surgically for swelling and/or wounds that may arise. They filed a suit against Wockhardt Ltd. for use of the mark ‘CHYMTRAL FORTE’. Fraud is not a necessary element of ‘passing off’ actions [Laxmikant, (2002) […]
Read more "Chymoral Forte v. Chymtral Forte : Acquiescing Passing Off"“A convict is sent to jail with the hope and expectation that he would make amends and get reformed. A positive change on a Death Row Convict should weigh the Court. The conduct of the convict in prison cannot be lost sight of. We are of the view that a time has come where we […]
Read more "Review of Death Penalty III"Sumit was Appellant Swapan’s first cousin, mother’s brother’s son. Appellant ‘kidnapped’, ‘drugged’, ‘throttled’ Sumit, placing ‘ransom calls’ for Rs. 20 Lakhs. Star Witness: Dulal Mahto, Driver, Indica Car No. JH 09D 6666. Unbroken chain of circumstances pointed unequivocally towards guilt. SC remembered well-settled legal propositions. First, Death Penalty is to be imposed only when it […]
Read more "Review of Death Penalty II"I had declared in December, 2014: “It might be very useful to find more instances such as these – with clever scrutiny of the Judge Compositions – in order to find a pattern of how frequently or infrequently an SC Judge alters or refines his Opinion/Judgment during his tenure. Especially if he has held one […]
Read more "Review of Death Penalty I"Every examination must be evaluated for what it is, what it should be and not for what it was, what it could be. Primary duty is to avoid arbitrary results. Correct answers to questions presented in NEET-UG, 2018 was one of the 4 Options offered. Bi-lingual questions were set in English with an Option of […]
Read more "Beauty of NEET, 2018"“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"
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