Compensatory Jusrisprudence of Constitutional Courts VIII : Ghanshyam Sharma

“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 […]

Suitable

“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 […]

Second Marriages and Child Custody

“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 […]

Gifts, The Transfer of Property Act I

“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 […]

The Revival of Ray VIII

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, […]

Masterly Concubinage II

“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 […]

Cyanide

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 […]

Shanthakumaran Sreesanth I

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 […]

Section 31(7) of The Arbitration Act III : Award of Interest

“‘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 […]

The Sabarimala Temple II: Arghya Sengupta

I was aware of Arghya Sengupta, personally, even before I had entered NLSIU. Mr. Sengupta’s words on The Sabarimala Temple Judgment are brilliant, as his words usually are. I am glad, one voice I respect thoroughly has had courage to point out Justice Chandrachud’s error. Here are his words: “That there is something deeply iniquitous […]

Section 2(1)(f)(iii) of The Arbitration Act

“Section 2(1)(f)(iii) of The Act refers to two different sets of persons: an “association” as distinct and separate from a “body of individuals”. For example, under Section 2(31) of The Income Tax Act, 1961, “person” is defined as including, under Sub-Clause (v), an association of persons, or body of individuals, whether incorporated or not. It […]

Section 372 of The Code of Criminal Procedure, 1973 I

There is always much to study in a dissenting opinion; dissents in constitutional law matters are remembered/revered; dissents in criminal law matters produce intense causes of concern. How best can one ensure advancement of justice, if Supreme Court Judges disagree on a crime? There would be a day surely when 5/7/9 or perhaps 13 shall […]

Section 14(3)(c)(iii) of The Specific Relief Act, 1963

“The Specific Relief (Amendment) Act, 2018 amended Section 14. In the present case, we are not called upon to examine the effect of this amended provision. The issue before this Court is whether Section 14(3)(c)(iii) is a bar to a suit by a developer for specific performance of a development agreement between himself and the […]

Referred to Larger Bench XIII ANSWERED: Venue v. Seat, Arbitration

My Lord, ‘Venue’ v. ‘Seat’? The Arbitration Clause has to be appositely read to understand its intention so as to arrive at a conclusion on whether it determines the ‘seat’ or not. There is no shadow of doubt that the Arbitration Clause has to be read in a holistic manner so as to determine the […]

Piercing / Disregarding the Corporate Veil II

Doctrine of Piercing the Corporate Veil is as well settled as the Salomon, [1897] AC 22 principle itself. In Life Insurance Corporation of India v. Escorts Ltd., (1986) 1 SCC 264, this Court held: “Generally and broadly speaking, we may say that the Corporate Veil may be Lifted where a statute itself contemplates Lifting the […]

The Profane

Mr. Navtej Sarna’s Son is talented. I have had the opportunity to witness him in college. Mr. Navtej Sarna is an ‘Indian Author-Columnist, Diplomat, Indian Ambassador to the United States’. His son, Satyajit, recently published a Book of Poetry: “The Profane”. Here are a few of my favorite four lines: “But, if you believe you […]

A Man of Reason and Logic

Chess has been represented, or shall I say misrepresented, as a game – that is, a thing which could not well serve a serious purpose, solely created for the enjoyment of an empty hour. If it were a game only, Chess would never have survived the serious trials to which it has, during the long […]

Medical Negligence and Consumer Law I

“A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. The only assurance which such a professional can give or can be understood to have given by implication is that he is possessed of the requisite skill […]

An Independent Colonial Judiciary

“In the midst of Ripon’s Viceroyalty, in 1882, for the first time in the history of colonial India, an Indian Judge, Romesh Chunder Mitter, was appointed to act as Chief Justice of Calcutta High Court, when Chief Justice Sir Richard Garth went on leave. It would take another few decades for an Indian, Badruddin Tyabji, […]

Article No. 502: The Revival of Ray VII

I was born on 5th February. This is Article No. 502. This blog was born on 21st December, 2014. Hon’ble Justice R.F. Nariman in Sabarimala Temple, covered previous decisions of SC on scope and effect of religious freedom contained in Articles 25 and 26. I highlight hereby all decisions mentioned. I bow down to: i) […]

The Last Word

A Diversion for Lawyers and Others

Author: Rudrajyoti Nath Ray