Transgender Protection Cell / The Revival of Ray XCVIII

It is an eye-opener for one and all. In State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, A.N. Ray, CJ (as he then was), noted, varying needs of different classes of persons require special treatment. It was cautioned, equality cannot mean absolute equality. In other words, equality would only mean parity of treatment […]

Spill the Beans

R.M. Malkani v. State of Maharashtra, (1973) 2 SCR 417 is locus classicus on determining admissibility of a tape-recorded conversation. When this Court decided Yusufalli Esmail Nagree v. State of Maharashtra, AIR 1968 SC 147 and R.M. Malkani, devices like tape-recorders and microphones were carefully placed in a space wherein conversations could be secretly recorded […]

Judges & Politicians & Social Media

Were this an ordinary civil suit, we could have possibly applied ‘preponderance of probabilities’ which may have resulted in some leeway and latitude in favour of D. Kumar (Election Petitioner) and against A. Raja. However, as per J. Chandrasekhara Rao v. V. Jagapathi Rao, 1993 Supp (2) SCC 229 and M. Chandra v. M. Thangamuthu, […]

Disciplinary Proceedings XI

In a battle between a mighty lion and a weak lamb, should Courts put those weak to sword for not having demonstrated ‘prejudice’ when a brazen violation of law declared by a Constitution Bench is brought to its notice? Why should those mighty not be made answerable as to why an enquiry report has not […]

Compensatory Jurisprudence of Constitutional Courts XIV

Constitution Bench of this Court in Union of India v. H.C. Goel, AIR 1964 SC 364, pointed out, in carrying out purpose of rooting out corruption, mere suspicion should not be allowed to take place of proof even in domestic enquiries. That scrupulous care should be taken to see innocent are not punished, applies as […]

The Drastic Power of Rejecting a Plaint VIII

Section 15(2) of the Copyright Act, 1957 clarifies, copyright protection in any ‘design’, which is capable of being registered under The Designs Act, 2000 but is not registered, would terminate once such ‘design’ is applied to any article and reproduced in excess of 50 times by an industrial process either by owner or a licensee. […]

Language of Courts II

“When you learn a language, you don’t just learn to speak and write a new language. You also learn to be open-minded, liberal, tolerant, kind and considerate towards all mankind.” Before language became a tool for learning, its earliest and primary purpose was, and will always remain to be, communication. Coming back to our case, […]

Costs Jurisprudence III: Interest Rates

Courts have authority to determine appropriate interest rate, considering totality of facts and circumstances in accordance with law. That apart, Courts have discretion to decide whether interest is payable from date of institution of suit, a period prior to that, or from date of decree, depending on specific facts of each case. Court must ensure, […]

Deep and Pervasive Control

Indian Council of Social Science Research is under total financial and administrative control of Ministry of Education, Government of India. Centre for Research in Rural and Industrial Development is under grant-in-aid of ICSSR. But, this itself cannot be called a ‘deep and pervasive control’. A ‘deep and pervasive control’ would require much more than just […]

The Real Apprehension in Transferring Cases III

A transfer of cases under Section 406, Cr.P.C. may be allowed when there is a reasonable apprehension backed by evidence, justice may not be done. A mere convenience or inconvenience of parties may not by itself be sufficient enough to pray for a transfer. Some broad factors which could be kept in mind are, i) […]

Restitution of Conjugal Rights

Will a Husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his Wife if his Wife refuses to return to her matrimonial home? After having secured said restitution decree, Dinesh did nothing! He neither sought execution under Order XXI, Rule 32 CPC nor did he seek a divorce […]

Irretrievable Breakdown of Marriage IV

After a few mediation sessions before Supreme Court Mediation Centre, Sandesh submitted before us, he was not interested in pursuing a mediated settlement before Supreme Court Mediation Centre. However, Rinku and Sandesh agreed to attempt a mediated settlement before a Retired Judge of this Court. Consequently, Retd. Justice S. Ravindra Bhat was appointed as a […]

Right to Property II

Court has consistently held, right to property requires, procedural safeguards be followed to ensure fairness and non-arbitrariness in decision-making especially in cases of acquisition by State. Therefore, delay in approaching Court, while a significant factor, cannot override necessity to address illegalities and protect right to property. Court must balance need for finality in legal proceedings […]

The Revival of Ray XCVI

Therefore, res judicata impacts not only actual matter determined, but every other matter which parties might or ought to have litigated and have decided as incidental to or essentially connected with subject matter of litigation. It includes every matter coming into legitimate purview of original action, both in respect of matters of claim and defence […]

Referred to Larger Bench XXX Answered: Unending Suspicion and Endless Cycle of Mistrust

Union of India v. Tantia Constructions Limited, 2021 SCC OnLine SC 271 prima facie disagreed with Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), [2019] 16 SCR 1234. In present reference, we have upheld decisions of this Court in TRF Ltd. v. Energo Engineering Projects Ltd., [2017] 7 SCR 409 and Perkins Eastman Architects DPC […]

Order 23, Rule 1 of The Code of Civil Procedure, 1908

It cannot be declared as a general rule, merely because a legal proceeding is not a ‘suit’, it would be completely exempted from application of principles underlying Order 23, Rule 1. These principles, being in nature of public policy, bring efficiency and certainty to administration of justice by any Court and should be invoked and […]

The Nature of Judicial Power: Hon’ble Justice J.B. Pardiwala’s Dissent

In Re: Section 6A of The Citizenship Act, 1955, WP (Civil) No. 274 of 2009 Five-Judge Bench of this Court in Modern Dental College and Research Centre v. State of Madhya Pradesh, (2016) 7 SCC 353 observed, “Traditions that might have been acceptable at some historical point of time are not cast in stone. If […]

Justice Dr. D.Y. Chandrachud’s Tenure

Hon’ble Justice J.B. Pardiwala described, ‘tenure’ is derived from Latin: ‘tenere’, which means ‘to hold’.”[1] In a ‘tenure’ what does one even ‘hold’ considering Hon’ble Justice Dr. D.Y. Chandrachud himself declares, “We may not be masters of our destiny. Nor can we control what life has in store. What we can determine is how we […]

The Nature of Judicial Power: Caste in Prison Manuals

Our interpretation of the Constitution must fill silences in its text. Framers could not have anticipated every situation to arise in future. They also intentionally left certain decisions to discretion of future generations. However, choices we make today must align with broader constitutional framework and values. The fight against caste-based discrimination is not a battle […]

Assessment of Statute

For over 50 yrs., High Court has been disposing of Writ Petitions raising claims or challenges to exercise of powers or dereliction of duties under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The propensity and proclivity of 1971 Act to generate litigation are worrisome. The exasperation of High Court is understandable. Court […]

The Last Word

A Diversion for Lawyers and Others

Civil Procedure