My Lord, What is the James Scott Cumberland Reid Principle? Rules of construction are not rules in the ordinary sense of having some binding force. They are our servants not our masters. They are aids to construction, presumptions or pointers. In each case we must look at all relevant circumstances and decide as a matter […]
Read more "Lord Reid"“We have grave doubts about the expediency of transplanting western experience in our country. Social conditions are different and so also the general intellectual level.” – Sikri CJI, Palekar, Dua, Beg and Ray JJ, Jagmohan Singh v. State of U.P., (1973) 1 SCC 20. This spelled disaster in Koushal, (2014) 1 SCC 1. The grave […]
Read more "#The377Debate I : The Grave Doubts of Our Lords"Tukhm-e-tasir, sohbat-e-asar It is the social mileu and lineage that chisel human character. “In the year 1915, a hundred years ago, India was entirely in the grip of the British. That same year, Mahatma Gandhi returned to India from South Africa. Salman Khan’s grandfather would join the police service of Holkar the following year. He […]
Read more "#NoJailForSalman"My Lord, Perverse Judgment? “This Court has already laid down as to which finding would be called perverse. It is a finding which is not only against weight of evidence but altogether against evidence. This Court has held in Triveni Rubber, AIR 1994 SC 1341, a perverse finding is one which is based on no […]
Read more "Erroneous Judgment v. Perverse Judgment II"“The personalities… contrived intelligence to constantly play the ‘Snake and Ladder Game’. Such kind of litigations clearly show that there are certain people who possess adamantine attitude to procrastinate the proceeding in a Court of Law on the base that each order is assailable and each step is challengeable before the Superior Courts. It is […]
Read more "The Snake and Ladder Game"“Nisith Sen, the man I had chosen to be my grandfather was the Mayor of Calcutta. As a criminal lawyer he dealt with the darkest, seamiest side of human nature. I knew this was the reality. He wrung the truth out of scum who did not deserve to live and were human in name […]
Read more "In Re: Law and Other Things"“A report suggested, 39 lakh sedatives and narcotic tablets, 1.10 lakh capsules, over 21,000 drug syrups and 1828 sedative injections apart from 8 kilograms of smack and 84 kilograms of ganja were awaiting disposal in Bathinda Police stores alone. The position is no better in other States especially those situate along international borders. The menace […]
Read more "The Drug Lords"“The Contra Proferentem rule is a principle of last resort.” – North v. Marina, [2003] NSWSC 64. _____ In Fruit Juice Stalls, [Civil Appeal Nos. 618-620 of 2016] Senior Advocate Raju Ramachandran has quoted K. Mohandas, (2009) 5 SCC 313 to elaborate upon the Contra Proferentem rule. The rule is a “a late‐inning tiebreaker, one used when […]
Read more "The Contra Proferentem Rule III"My Lord, Application of Part I of The Arbitration Act? “It is clear that the law applicable to Arbitration Agreement in the present case is English Law. Once it is found that the law governing the Arbitration Agreement is English Law, Part I of the Indian Arbitration Act stands impliedly excluded. This has been a […]
Read more "Implied Exclusion of Part I of the Arbitration Act II: BALCO Returns"SC in Justice Mohapatra, (2002) 8 SCC 1 had “accorded primacy to the opinion of the Hon’ble Chief Justice in the consultative process for appointment of Lokayukta”. We have been reminded so in Sachchidanand Gupta v. State of Uttar Pradesh, [Writ Petition (Civil) No. 872 of 2015], decided on 28.01.2016. Justice Lokur in Justice Chandrashekaraiah, […]
Read more "Primacy of Views II: Justice Mohapatra, (2002) 8 SCC 1"My Lord, First Complaint when Dismissed for Default or Non-Prosecution, Second Complaint to a District Forum under The Consumer Protection Act, 1986 is Maintainable? Yes. New India Assurance, (2000) 3 SCC 242. “The rule of prohibition contained in Order 9, Rule 9(1) of CPC cannot be extended to the proceedings before the District Forum or the […]
Read more "Second Complaints to District Consumer Forums"My Lord, What is Truth? “That the preeminence of truth is the guiding star in a judicial process forming the foundation of justice had been aptly propounded by this Court in Maria Margarida Sequeira Fernandes vs. Erasmo Jack De Sequeira, (2012) 5 SCC 370. It was ruled, the entire judicial system had been created only […]
Read more "The Importance of Being Earnest II"The appointment of Hon’ble Justice Mirza Hameedullah Beg as the new Chief Justice of India in succession to Hon’ble Justice A.N. Ray on January 29, 1977 raised another wave of protest. Hon’ble Justice H.R. Khanna was superseded. Supreme Court Bar Association, Vice President Gobinda Mukhtoy: “The evil and dark forces have struck again. Now a citizen […]
Read more "The Significance of 29th January"“Section 66A of The Information Technology Act, 2000 was struck down by the Supreme Court. The effect of the Shreya Singhal Judgment is that Section 66A is void only as against citizens and not as against non-citizens. When this line of thought was voiced on fora, questions were raised as to whether Section 66A was still available […]
Read more "Bennett, Bennett Coleman"“It saddens us to see the manner in which the decision in the case of Harshad Govardhan Sondagar, (2014) 6 SCC 1 has been misinterpreted. Random sentences have been picked up from the Judgment and used, without any attempt to understand the true purport of the Judgment in its entirety. It is a well settled […]
Read more "SC Resolves Conflict Between SARFAESI Act & Rent Control Act"Last month, I hesitated in characterizing why New India Assurance was an uncomfortable decision. Dave, Sen and Ghose JJ were clear, Kailash, (2005) 4 SCC 480 “ought to have respected the view expressed” in J.J. Merchant, (2002) 6 SCC 635. Kailash has been an important tool in my hands in civil suits. Procedure can be […]
Read more "Kailash v. Nanhku, (2005) 4 SCC 480"Sarnath Banerjee, Graphic Novelist “Justice Bipin Bose” in “All Quiet in Vikaspuri” Do not confuse Justice Bipin Bose with Justice Vivian Bose. Justice Vivian Bose had an Indian father, an English mother and an American wife. His grandfather’s name was Sir Bipin Krishna Bose. _____ As Justice Vivian Bose famously remarked in Commissioner of Police v. […]
Read more "Justice Bipin Bose"The events that led to Mohd. Arif’s arrest are curious, to say the least. The accepted version of the story is this: “On 22.12.2000, at about 9 p.m. in the evening, some intruders started indiscriminate firing and gunned down 3 Army Jawans belonging to 7th Rajputana Rifles. This Battalion was placed in Red Fort for […]
Read more "The Red Fort Attack Never Happened"“In Monnet Ispat v. Union of India, (2012) 11 SCC 1 this Court while enumerating principles relating to Doctrine of Promissory Estoppel and Legitimate Expectation has clearly held, protection of legitimate expectation does not require fulfillment of expectation where an overriding public interest requires otherwise. In other words, personal benefit must give way to public […]
Read more "The Doctrine of Legitimate Expectation II"In 2007, Bharat Matrimony [www.bharatmatrimony.com] shared the following on its website: Limca Book of Records has conferred an honor on Bharat Matrimony for the maximum number of online marriages. In fact, we have 8 times more success stories than the nearest marriage portal [Bharat Matrimony, [Civil Appeal No. 2142 of 2007], decided on 07.01.2016]. People […]
Read more "Matrimony in Bharat / The Importance of Limca Records"
You must be logged in to post a comment.