Before Nemai Chandra Kumar, 2015 (2) SCALE 657 there was, of course, Ramdas Bansal v. Kharag Singh Baid, (2012) 2 SCC 548 pronounced by Hon’ble Justice Altamas Kabir. Entitlement to a portion, carved out of 91, Mahatma Gandhi Road and 6, Sambhu Chatterjee Street, was in question. The two addresses in Kolkata together comprised lands on […]
Read more "Thika Tenancy III"It is settled law, in a case of composite negligence, where injuries have been caused to the claimant by the combined wrongful act of joint tortfeasors, the liability is always joint and several. In Khenyei v. New India Assurance Company Ltd., [Civil Appeal No. 4244 Of 2015] it has been considered, “the claimant has the […]
Read more "Composite Negligence I"“The expression Flies in the Face of Common Sense is taken from an interesting Judgment of the House of Lords reported in R v. Secretary of State for the Home Department, (1995) 2 All ER 244. Lord Browne Wilkinson was faced with an argument that Section 171 of The Criminal Justice Act of 1988 vests in […]
Read more "Flies in the Face of Common Sense"“The notice under Section 138 is required to be given to the ‘drawer’ of the cheque so as to give the drawer an opportunity to make the payment and escape the penal consequences. There is nothing in Section 138 which may even remotely suggest issuance of notice to anyone other than the drawer. The opportunity […]
Read more "Notice to Directors I"“A clear example of opaqueness and bad decision was the appointment of the 59-year-old sister of a CJI to the Cal HC.” The CJI alluded to is: Hon’ble Justice Altamas Kabir; The sister: Hon’ble Justice Shukla Kabir Sinha. The symmetry is astounding. This day, 2 years ago, the following letter was sent out: Mr. Furuqan’s Letter
Read more "Hon’ble Justice Shukla Kabir Sinha"Justice Chandrashekaraiah (Retd.) v. Janekere C. Krishna, (2013) 3 SCC 117 held, views expressed by Chief Justice of High Court of Karnataka have no ‘primacy’ in process of appointment of Lokayukta or Upa Lokayukta by Governor of Karnataka. High Court was of view, since Order passed by Governor of Karnataka, appointing Justice Chandrashekaraiah as an […]
Read more "Primacy of Views I: The Karnataka Lokayukta Act"It is well settled, construction of terms of a contract is primarily for an Arbitrator to decide. He is entitled to take a view, which he holds to be correct one after considering material before him and after interpreting provisions of contract. Court while considering challenge to an Arbitral Award does not sit in appeal […]
Read more "An Arbitrator’s Construction of Contract"“If a spouse abuses the other as being born from a prostitute, this cannot be termed as ‘wear and tear’ of family life. Summoning the police on false or flimsy grounds cannot also be similarly viewed. Making it impossible for any close relatives to visit or reside in the matrimonial home would also indubitably result […]
Read more "Monsters-in-Law I"“For a long time I’ve wanted to compile a list of films about the Indian judicial system (I must admit I’ve watched very few). If people have any such lists they would like to share in the comment section I would love to hear about them. If there is enough of a response I’ll then […]
Read more "In Re: Nick Robinson"“A series of decisions of this Court have clearly held that The Limitation Act, 1963 applies only to Courts and does not apply to Quasi-Judicial Bodies [See, (1976) 4 SCC 634]. There is authority for the proposition that even where Section 14 of The Limitation Act may not apply, the principles on which Section 14 is […]
Read more "The Plea of Limitation III: Causes of Justice I"42 answers to “Ultimate Question of Life, the Universe, and Everything”. 42 years ago, on 24.04.1973, two events changed India: Birth of Sachin Tendulkar and “Pronouncement of ‘View of the Majority’ in Kesavananda“. Kesavananda Bench of 13 Judges was composed of CJ Sikri, Justices J.M. Shelat, K.S. Hegde, A.N. Grover, A.N. Ray, P. Jaganmohan Reddy, D.G. […]
Read more "The Dark Knight"“Unfortunately, there is no period of limitation prescribed by law within which a person aggrieved by the decision of the Governor under Article 192 can approach the High Court. Until such law is made, we deem it appropriate to hold that any person aggrieved by a decision of the Governor under Article 192 must approach the High […]
Read more "The Plea of Limitation II: Article 192 of The Constitution"“Orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover.” In the following few situations, recoveries by the employers, would […]
Read more "The ‘Far Outweigh’ Standard in Recovery from Employees I"Section 9A of The Code of Civil Procedure, 1908 is a State Amendment to The Code, inserted by Section 3 of The Maharashtra Act No. 65/1977. Section 9A is mandatory in nature. It mandates the Court to decide the jurisdiction of the Court before proceeding with a suit and granting interim relief by way of injunction. In Kamalakar Eknath Salunkhe v. […]
Read more "The Plea of Limitation I: Section 9A of The Code of Civil Procedure, 1908"It is interesting, a 230-day delay before National Disputes Redressal Commission stood condoned in Central Bank of India v. Jagbir Singh, [Civil Appeal 3645 of 2015]. The concerned Central Bank of India is situated in a remote village and 230 are the number of days it may take in receiving a permission to file a […]
Read more "Condonation of Delay I: 230"My Lord, Paragraphs 13 & 14 in Today Homes and Infrastructure Pvt. Ltd. v. Ludhiana Improvement Trust, (2014) 5 SCC 68? “We are not concerned with the said issue as to whether what was held in Paragraph 13 of Today Homes and Infrastructure Pvt. Ltd. was correct or not when it makes reference to the […]
Read more "Today Homes and Infrastructure Pvt. Ltd."On 27.07.2013, 480 drums of Butanone (CH₃CCH₂CH₃) were dispatched from Taiwan by vessel Zim Djibouti, with the port of destination shown as Nhava Seva Port, India. Butanone is a drug percusor, i.e., a substance that can be used to make illicit drugs. Is there an express prohibition on import of a controlled substance, pending grant […]
Read more "Zim Djibouti"“The soul of every adjudicatory process is the recording of reasons.” It indicates a ‘disclosure of mind‘, which in turn demonstrates an ‘application of mind‘. In Raipur Development, (1989) 2 SCC 721 however, the SC held that a Non-Speaking Arbitral Award cannot be set aside except in cases where the parties stipulate that the Arbitrator […]
Read more "Findings of an Arbitrator"“As per law enunciated in Lalita Kumari v. Govt. of Uttar Pradesh, (2014) 2 SCC 1 registration of FIR is mandatory under Section 154, if information discloses commission of a cognizable offence and Police Officers are duty bound to register same.” 3 Judge Bench, In Re: Indian Woman Gang-Raped, (2014) 4 SCC 786. “Thus, this […]
Read more "Lalita Kumari II"The principle of ‘real likelihood of bias‘ has now taken a tilt to ‘real danger of bias’ and ‘suspicion of bias’ [(2004) 8 SCC 788]. Theatrics of Learned Senior Counsels? “Difficult to say for sure. But deep within, don’t we all understand” [(2014) 8 SCC 470]. No one can suppose, Hon’ble Justice Dave could be, […]
Read more "Recusants"
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