“Since the inception of mankind, many lacs have suffered from different types of physical handicaps (today about 600 million people suffer from such handicaps). But, many of them overcame all kinds of handicaps and achieved distinctions in various fields. Sarah Bernhardt – French actress was disabled by a knee injury. Her leg was amputated in […]
Read more "Able Disable All People Together I"“The entire basis of this Doctrine of Promissory Estoppel has been well put in a Judgment of Australian High Court reported in Commonwealth of Australia v. Verwayen, 170 C.L.R. 394, by Deane, J. The statement, based on various earlier English authorities, correctly encapsulates the law of Promissory Estoppel with one difference under our law – […]
Read more "Promissory Estoppel IV"“Under Article 19(6) of The Constitution, the State has to conform to two separate and independent tests if it is to pass constitutional muster – the restriction on the fundamental right must first be a reasonable restriction, and secondly, it should also be in the interest of the general public. Perhaps the best exposition of […]
Read more "Reasonable Restriction I"In Keshav Mills Co. Ltd. v. CIT, (1965) 2 SCR 908 a Constitution Bench enacted circumstances in which a Reference to a Larger Bench would lie. It was held, in revisiting and revising its earlier decision, SC should ask itself whether in the interest of the public good or for any other valid and compulsive reasons, […]
Read more "Referred to Larger Bench IX: Atiabari Tea, (1961) 1 SCR 809 and Automobile Transport, (1963) 1 SCR 491"2 in Balveer Singh v. State of Rajasthan [Criminal Appeal No. 253 of 2016] have carved an exception to what 5 held in Dharam Pal v. State of Haryana, (2014) 3 SCC 306. Dharam Pal was authored by Altamas Kabir, CJI. My Lord, Can a Sessions Court take cognizance of offence, under Sections 304-B and […]
Read more "The Revisional Court of Sessions"Any attempt at interpretation of a long line of cases proves to be tiresome. Modern Dental College and Research Centre v. State of Madhya Pradesh, [Civil Appeal No. 4060 of 2009], delivered on 02.05.2016, provides a brave summary. Accept it with abundant caution. 5 Judges have no jurisdiction to interpret 7 or 11 erstwhile Lords. The […]
Read more "Look, T.M.A. Pai Again"On 26th January, 1897 United Kingdom of Great Britain and Ireland and Republic of Chile entered into a Treaty for Mutual Surrender of Fugitive Criminals. My Lord, Binding Treaty on India and Chile? “This question may first be looked at from the point of view of Republic of Chile. Supreme Court of Chile, in its […]
Read more "The Indo-Chilean Extradition Treaty I"“Under Section 7(1), Explanation (b) of The Family Courts Act, 1984 (“Act”) a suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8 all those jurisdictions covered under Section 7 are excluded […]
Read more "Dispute on Matrimonial Status"Section 13B of The Hindu Marriage Act, 1955 reads as: “Divorce by mutual consent – (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before […]
Read more "Section 13B of The Hindu Marriage Act I"22nd July, 1993 – Gulshan, Jairnal Singh, Karnail Singh and Harjinder Singh were reportedly killed by Tarn Taran Police, led by SHO Gurbachan Singh Manochahal. Police carried out the cremations themselves and did not permit family members to attend. On arrest, and before Court, Defence claimed, the incident was in the course of “discharge of […]
Read more "The Fake Encounters: Tarn Taran, 22.07.1993"The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials is not legally binding for Member States, but rather seeks to further clarify aspects of the Code of Conduct for Law Enforcement Officials and provide guidelines it encourages States to adopt and implement. __________ On 15.06.2004, vide C.R. No. 8/2004 of […]
Read more "The Fake Encounters: Ahmedabad, 15.06.2004"One of the examples cited as an abuse of the process of Court is re-litigation. It is contrary to justice and public policy for a party to re-litigate the same issue which has already been tried and decided earlier against him. Recently, Messer Holdings Ltd. v. Shyam Madanmohan Ruia, [Special Leave Petition (Civil) 33429 of […]
Read more "75 LAKHS FOR NALSA"Truth be told, both Chetan Bhagat [@chetan_bhagat] and Dushyant Arora [@atti_cus] wrote boring posts – nothing I have not read before. Chetan wrote first. He used that advantage. It is not appropriate for a National-Figure to berate an Upcoming Lawyer. Some of us, including Senior Advocate Sanjay Hegde, were concerned. At the Near Stroke of Midnight: Thus, […]
Read more "Knickeratti"“Two Coordinate Benches (Three Judges)” have taken what would appear to be contrary views with regard to purport and effect and the interconnection between Section 3 and 4 of The Central Excise Act, 1944. The First Coordinate Bench in Union of India v. Bombay Tyre International Ltd., (1984) 1 SCC 467 comprised of Hon’ble Judges […]
Read more "Referred to Larger Bench VIII: Sections 3 & 4, The Central Excise Act, 1944"“The term ‘locus standi’ is a Latin term, the general meaning of which is ‘place of standing’. The Concise Oxford English Dictionary, 10th Edn., at page 834, defines the term ‘locus standi’ as the right or capacity to bring an action or to appear in a Court. The traditional view of ‘locus standi’ has been […]
Read more "Article 136 and Criminal Appeals II"Four notifications, two dated 21.12.2010 and two dated 31.05.2012, issued by Medical Council of India and Dental Council of India, were challenged in CMC, Vellore v. Union of India, (2014) 2 SCC 305. CJI Altamas Kabir held, the notifications were ultra vires the provisions of Articles 19(1)(g), 25, 26(a), 29(1) and 30(1). Hon’ble Justice Anil […]
Read more "Curse of NEET, 2016"“It was a scorching summer day on 31st May, when the NIA sleuths gathered in the chambers of Gopal Subramanian, the Attorney General of India. He had just returned from the US where he had spent hours discussing the David Headley issue with the US Attorney General, Eric Holder… Behera spoke, ‘We will be leaving […]
Read more "D for Dayan, D for David"It is a settled legal proposition, law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. A result flowing from a statutory provision is never an evil. Court has no power to ignore that provision to relieve what it considers a […]
Read more "Dura Lex Sed Lex"There is a need to build confidence to help road accident victims. Good Samaritans fear of legal consequences, involvement in litigation and repeated visits to Police Station. There is a need to provide certain incentives to Good Samaritans. There is also a dire need to enact a Good Samaritan Law. Ministry of Road Transport and […]
Read more "A Good Samaritan Law"“The power to invalidate a Legislative or Executive Act lies with the Court. A Judicial Pronouncement, either declaratory or conferring rights on the citizens cannot be set at naught by a Subsequent Legislative Act for that would amount to an encroachment on the Judicial Powers. However, the Legislature would be competent to pass an Amending […]
Read more "The Nature of Judicial Power: Hon’ble Justice Ranjan Gogoi"
You must be logged in to post a comment.