It is well settled, if a contract is in several parts, some of which are legal and enforceable and some are unenforceable, lawful parts can be enforced provided they are substantially severable and not merely textually divisible [Shin Satellite, (2006) 2 SCC 628]. Court must consider the question whether the parties could have agreed on […]
Read more "Substantial Severability v. Textual Divisibility"My Lord, Decree for Divorce v. Decree for Judicial Separation? “A 3-Judge Bench in Jeet Singh, (1993) 1 SCC 325 ruled that, a Decree or an Order for Judicial Separation permits the Parties to live apart. There would be no obligation for either Party to cohabit with the other; mutual rights and obligations arising out […]
Read more "Divorce v. Judicial Separation"It is well settled that a “means and includes” definition is exhaustive in nature and that there is no scope to read anything further into the said definition. Hon’ble Justice Nariman has yet again quoted P. Kasilingam v. PSG College of Technology, 1995 Supp (2) SCC 348 to re-establish the proposition [See, State Bank of […]
Read more "A “Means and Includes” Definition III"Dr. Ram Lakhan Singh, an incumbent of Indian Forest Service (1969 Batch, U.P. Cadre), rendered services to Respondent State and Government of India in various positions for about 35 years till his retirement. The 2004 State Government got him arrested in a fake case. Dr. Singh spent 11 days in jail and fought a legal […]
Read more "Compensatory Jurisprudence of Constitutional Courts I : Ram Lakhan Singh"Under Section 30(a) of The 1940 Arbitration Act, an Arbitral Award can be set side if the Arbitrator has “misconducted himself or the proceedings”. In K.P. Poulose, (1975) 2 SCC 236 it was held, “misconduct under Section 30(a) has not a connotation of moral lapse. It comprises legal misconduct which is complete if the Arbitrator on […]
Read more "Moral Misconduct of an Arbitrator I"“It is a common case, lottery is a species of gambling. Gambling is considered as a pernicious vice by all civilized societies from time immemorial. Experience has shown, common forms of gambling are comparatively innocuous when placed in contrast with widespread pestilence of lotteries. The former are confined to a few persons and places. The […]
Read more "Mesmeric Gambling Instinct"Knowing the Judge, is the last refinement an Advocate can hope for. Gadbois Sir shall be remembered forever for his research on Judges of Supreme Court of India. What a book! I would not have realized… _____ The NJAC Judgment is still running its course and at this juncture of history it is difficult to […]
Read more "The Kesavananda Bench"“We are conscious of the principle that the word ‘or’ is normally disjunctive and ‘and’ is normally conjunctive. However, there may be circumstances where these words are to be read as vice-versa to give effect to manifest intention of Legislature as disclosed from the context. Of course, these two words normally ‘or’ and ‘and’ are […]
Read more "Disjunctive, Conjunctive I"“There is inordinate delay of 1186 days in filing the SLPs.” “There is gross delay of almost 3 1/2 years in challenging the Judgment rendered in the Writ Appeal and no explanation much less cogent explanation has been given by the Appellant.” “There is no reason to condone the delay.” – Hon’ble Justice C. Nagappan, […]
Read more "Condonation of Delay IV: 1186"ON THE EVE OF THE 03.11.2015 HEARING Khehar J travelled further down the Sahara Road. Chelameswar J quoted Ruma Pal J on the Independence of Judiciary. Lokur J guarded the Fragile Bastion, redeemed Ray. Goel J showed down the Law Minister for Obvious Reasons. Joseph J mentioned the Strange Turn by Bhagwati J. Shamser Singh […]
Read more "NJAC Judgment VI: The Dark Knight Rises"“What has been stated in paragraph 31 in the case of J.S. Yadav, (2011) 6 SCC 570 [as per B.S. Chauhan J.] does not even follow from the authorities referred to therein. We have explained the authority in J.S. Yadav and opined that it has to rest on its own facts keeping in view the declaratory […]
Read more "A Subsequently Appointed Employee : A Necessary Party?"My Lord, Suppose a Family Dispute in which the Arbitration Clause clearly specifies a Grand Uncle of a Joint Family is the only person in whom all Members of the Family have confidence. In the case of resignation or death of such Grand Uncle, is it possible to say by necessary implication no other person […]
Read more "Section 15(2) of The Arbitration Act II"Hon’ble Justice Kurian Joseph has been in news: first, because of his tiff with CJI Dattu and second, for his contribution in Yakub Memon. Gold fish have no hiding place. And therefore, ‘briefest’ Judgment? “Historical, Textual, Structural, Prudential, Doctrinal, Episodic, Ethical” arguments aside, “there cannot be any legal sense of an issue, which does not […]
Read more "NJAC Judgment V: Kurian Joseph J"It is indicative that the name I chose for this Blog is the keyword in the NJAC Judgment – “The Last Word”. In some pieces, I notice the avoidance of usage of the phrase. Don’t. It must be in our consciousness, at all points of time, that The Last Word belongs to the Chief Justice […]
Read more "NJAC Judgment IV: Adarsh Kumar Goel J"Is it as easy to reach a solution, as it is to verify someone else’s result? You may think you know the answer. But I should tell you – you don’t. If you did you would have been a millionaire. A couple of times over. Should a Judge prepare his Draft Judgment in the blind? […]
Read more "NJAC Judgment III: Madan Bhimrao Lokur J"Honourable. Honourable. Honourable. Hon’ble Justice Altamas Kabir has shared the Bench with Hon’ble Justice J. Chelameswar for days on end. Hon’ble Justice Altamas Kabir was sworn in at the Hon’ble Calcutta High Court on the same day as Hon’ble Justice Ruma Pal. They are friends. It is widely rumored, Hon’ble Justice Ruma Pal facilitated Hon’ble […]
Read more "NJAC Judgment II: Jasti Chelameswar J"I have heard it in the corridors, and I must tell you Hon’ble Justice J.S. Khehar. [The centre has no sides after all.] They hate your guts. The more they hate it, the more I (and others like me) love it. They even mock how you twitch your nose. Why did you at all “toy” with the idea […]
Read more "NJAC Judgment I: Jagadish Singh Khehar J"“You wait, little girl, on an empty stage For fate to turn the light on Your life, little girl, is an empty page That men will want to write on You are sixteen going on seventeen Baby, it’s time to think Better beware, be canny and careful Baby, you’re on the brink.” Oscar Hammerstein II, […]
Read more "Sixteen Going On Seventeen"“Writ Court while deciding a Writ Petition is required to remain alive to the nature of the claim and the unexplained delay on the part of the Writ Petitioner. Stale claims are not to be adjudicated unless non-interference would cause grave injustice. In the case at hand, the employee was dismissed from service in the […]
Read more "Stale Claims Before Writ Court"My Lord, If 4 gms. of Heroin is recovered from an Accused, it would amount to a “small quantity”; but when the same 4 gms. is mixed with 50 kgs. of Powdered Sugar, would it be considered a “commercial quantity”? “In the mixture of a narcotic drug or a psychotropic substance with one or more […]
Read more "4 Grams of Heroin"
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