The Jallikattu Case, I agree, is a watershed moment in ‘animal rights adjudication’. Radhakrishnan J has a PETA Award for it. SC shall always protect its honour! In Compassion Unlimited Plus Action v. UOI, [Writ Petition (Civil) 24 of 2016] it has been argued now, no cruelty is meted out to the bulls in Jallikattu. […]
Read more "Compassion Unlimited Plus Action"“In Halsbury’s Laws of England (5th Edition – Volume 60, Para 105) principle of Contra Proferentem rule is stated thus: “where there is ambiguity in the policy, Court will apply the Contra Proferentem rule. Where a policy is produced by the insurers, it is their business to see that precision and clarity are attained and, if […]
Read more "The Contra Proferentem Rule II"“Since the College has also not complied with the orders passed by this Court in (2012) 5 SCC 628 and has permitted the students to continue their studies, to send a message to the College and other Medical Colleges, we are of the view that it would be appropriate if the College is directed to […]
Read more "5 Crores for Supreme Court"In Aurobindo Ashram v. R. Ramanathan, [Civil Appeal No. 12 of 2016] Respondents alleged, Appellant Ashram failed to take any positive action to prohibit the availability of The Lives of Sri Aurobindo. They even assisted Peter Hees in getting a visa for his continued stay in India. Whether or not ‘The Lives of Sri Aurobindo‘ is […]
Read more "The Lives of Sri Aurobindo"My Lord, Costs of Rs. 10 Lakhs for False/Misleading Affidavit? Yes. “A global search of cases pertaining to the filing of a false affidavit indicates that the number of such cases that are reported has shown an alarming increase in the last fifteen years as compared to the number of such cases prior to that. […]
Read more "Filing False Affidavits"“Seeking transfer at the drop of a hat is inconceivable. An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has to be exercised cautiously and in exceptional situations, where it becomes necessary […]
Read more "The Real Apprehension in Transferring Cases I"My Lord, What is the difference between a ‘witness of facts’ and an ‘expert’? “Facts are facts and they remain and have to remain as such forever. The witness of facts does not give his opinion on facts; he presents the facts as such. However, the expert gives an opinion on what he has tested […]
Read more "Experts I: The Supreme Court of Pakistan"My Lord, Difference between Erroneous Judgment and Perverse Judgment? [There is a material distinction. A decision can be considered to be perverse only when there is some conscious violation of a rule of law or of procedure.] – Kristamma Naidu v. Chapa Naidu, 1894 ILR 17 Mad 410. [A good working test of perversity is […]
Read more "Erroneous Judgment v. Perverse Judgment I"It is widely known, Dashrath Rupsingh Rathod v. State of Maharashtra, (2014) 9 SCC 129 gave rise to further ‘territorial jurisdiction conundrum’. In Bridgestone India, 2015 (13) SCALE 155 decided on 24.11.2015, “in order to overcome the legal position declared by Court in Dashrath,” attention was drawn to The Negotiable Instruments (Amendment) Second Ordinance, 2015. […]
Read more "Negotiable Instruments (Amendment) Second Ordinance, 2015"Hon’ble Justice Arun Mishra just quoted Hon’ble Justice Arun Mishra._____ My Lord, What is the law in the case of an accident arising out of composite negligence? “The law in the case of an accident arising out of composite negligence has been considered by a 3 Judges’ Bench of this Court in Khenyei v. New […]
Read more "Composite Negligence II"Russel on Arbitration, 21st Edition: “Many cases have been fought over whether a contract’s chosen form of dispute resolution is Expert Determination or Arbitration. This is a matter of construction of the contract, which involves an objective enquiry into the intentions of the parties. First, there are the express words of the disputes clause. If […]
Read more "Expert Determination v. Arbitration"Usage of “non-injurious terminology” in the order of termination of the services of a probationer is not merely enough to conclude whether the order reflects a simple dismissal or a punishment. _____ In Samsher Singh v. State of Punjab, (1974) 2 SCC 831 Judgment of CJI Ray and Judges Alagiriswami, Palekar, Mathew, Chandrachud was delivered […]
Read more "Twice Overruled: Hon’ble Justice Ruma Pal"Where an agreement is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording. The principle is Contra Proferentem, also known as ‘interpretation against the draftsman’. Such rules are rarely if ever of any assistance when it comes to construing commercial contracts. The principle may […]
Read more "The Contra Proferentem Rule I"December 22, 2014: “In 1923, Scrutton L.J. expressed his regret that the “Counsel who argued this case would probably not recognize any of the Judgments as having any relation to the arguments they addressed to us” [Smith v. Smith, (1923) P. 191, 202]. Lord Maugham too lamented once that it was hard for him to […]
Read more "Cent Percent, Sen Precedent"Ram Sunder Sen’s 12 year-old daughter was raped and murdered. One Narendra was arrested. Trial Court awarded Capital Punishment. Narendra filed an appeal before Madhya Pradesh High Court. HC allowed the appeal on the ground, prosecution failed to prove the chain of circumstances sufficient enough to connect Narendra with the alleged offence. Ram Sunder petitioned […]
Read more "What Happens to Ram Sunder Sen?"“In 1999, it was reported: “Ganglord Chhota Shakeel is in direct contact with a serving Additional Sessions Court Judge in Mumbai, Jaysingh Wadhu Singh.” It was alleged, the Judge had agreed to go easy on cases involving members of the Dawood or the Shakeel family. J.W. Singh was in jail for 28 months before a […]
Read more "Judges with Colorful Lives: No. 8"In Re: Daksh The Basic Structure Doctrine has an able critic in Senior Advocate Raju Ramachandran [RR]. Christmas Comedy Night with RNR RR: “When you talk of a Structure, four professions are involved – architecture, civil and structural engineering, masonry and brick laying.” RNR: Let’s see. Katrina Kaif – Architecture (God’s Contribution, Genes), Engineering (Gym, […]
Read more "Architecture, Structure, Bricks and Walls"A lot of lives changed at 2:45 AM on 28.09.2002. Ravindra Himmatrao Patil should not be forgotten. “The evidence of Ravindra Patil is of very weak type“ “Still if he is considered as a partially reliable witness, then there is definitely a need for independent corroboration. In the considered view of this Court, apart from […]
Read more "Ravindra Himmatrao Patil, Who?"“It is well settled that in a case where there is a repealing clause to a particular Act, it is a case of express repeal, but in a case where doctrine of implied repeal is to be applied, the matter will have to be determined by taking into account the exact meaning and scope of […]
Read more "The Principle, Rule, Doctrine of Implied Repeal I"‘Stare Decisis’ is a Latin phrase which means “to stand by decided cases; to uphold precedents; to maintain former adjudication.” SC in Paragraph 26-A, Indra Sawhney, (1992) 3 SCC 217 observed, in law, certainty/consistency/continuity are highly desirable features. Doctrine of Stare Decisis is not an ‘imprisonment of reason‘. Concepts are good servants but bad masters. […]
Read more "Stare Decisis, Not Logic Intolerant"
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