The distinction between a disturbance to ‘law and order’ and a disturbance to ‘public order’ has been clearly settled by a Constitution Bench in Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740. Court has held, every ‘disorder’ does not meet threshold of a disturbance to ‘public order’, unless it affects community at […]
Read more "Preventive Detention Statute III"While right to property is no longer a fundamental right [The Constitution (Forty Fourth Amendment) Act, 1978], right against deprivation of property, unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A. Nobody can be deprived of liberty or property without due process or authorization of law. The […]
Read more "Right to Property"A party should not be penalized for failing to adopt legal proceedings when facts or documents have been wilfully concealed from him. A party who had acted fraudulently should not be given benefit of limitation, running in its favor, by virtue of such frauds [Pallav Sheth v. Custodian, (2001) 7 SCC 549]. Section 17 of […]
Read more "Referred to Larger Bench XXVII: The Drastic Power of Rejecting a Plaint IV"The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"An interpreter, to deviate from defined meaning, should record reasons to show word/expression in a particular provision carries a different meaning; contrary context is not to be assumed or accepted easily, in absence of indication and reason to differ from defined meaning. Repugnancy is not indicated and does not arise in context of clause 22(ix)(a) […]
Read more "Repugnancy II"Sarabjeet Singh Mokha is said to have procured fake Remdesivir injections which were administered to patients during COVID-19 pandemic to make illegal profits. Article 22 of the Constitution provides specific protections to undertrials and detainees in India. The communication of grounds is in aid of facilitating right of detenu to submit a representation against ‘order […]
Read more "Preventive Detention Statute II / The Revival of Ray LXXIV"Kalpraj Dharamshi v. Kotak Investment Advisors Ltd., (2021) SCC OnLine SC 204 considered applicability of Section 14 of The Limitation Act, 1963 to reckoning of limitation under Section 61(1) of The Insolvency and Bankruptcy Code, 2016. The law on limitation with respect to IBC is settled and emphatic in its denunciation of delays [Essar Steel […]
Read more "Condonation of Delay X: Special Statues"The word ‘laches’ is derived from French, meaning “remissness and slackness”. A defence of laches can only be allowed when there is no statutory bar. The question as to whether there exists a clear case of laches is one of fact and so also of prejudice. The said principle may not have any application when […]
Read more "The Doctrine of Fairness"Appellate Tribunal has no jurisdiction at all to condone the delay exceeding 15 days from the period of 30 days, as contemplated under Section 61(2) of The Insolvency and Bankruptcy Code, 2016. It cannot be said, Learned Appellate Tribunal committed any error in not condoning the delay of 44 days. Unless the Parliament has […]
Read more "Condonation of Delay: 44"“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]
Read more "Names in CBSE Certificates"Danish Khan & Ruhi Khan, Escaped, (Penguin, 2021) is beautifully detailed. The number of facts cited must be appreciated. It doesn’t matter whether the story is on Vijay Mallya or successful extradition of Hansie Cronje times Sanjeev Chawla or forgotten excuses of Raymond Varley who brought Goa to disrepute. Each one will educate. Excerpt follows. […]
Read more "Extraditable Fugitives II"N.V. International v. State of Assam, (2020) 2 SCC 109 has been wrongly decided and is therefore overruled. For appeals filed under Section 37 of The Arbitration and Conciliation Act, 1996 that are governed by Articles 116 and 117 of The Limitation Act, 1963 or Section 13(1A) of The Commercial Courts Act, 2015 a delay […]
Read more "Section 37 of The Arbitration Act III"My Lord, Appeal under Section 37(1)(c) would be maintainable against an Order refusing to condone delay in filing an Application under Section 34? Yes. It is important to note, the expression “setting aside or refusing to set aside” an Arbitral Award has to be read with the expression “under Section 34”. A refusal to set […]
Read more "Section 37 of The Arbitration Act II"Special Leave Petition has been filed with a delay of 663 days. Supreme Court of India cannot be a place for the Governments to walk in when they choose, ignoring the period of limitation prescribed. No doubt, some leeway is given for the Government inefficiencies. But, the sad part is, authorities keep on relying on […]
Read more "Condonation of Delay VIII: 663"The disqualification under Section 8 of The Representation of the People Act, 1951 is relatable to Article 191(1)(e). Therefore, any interpretation to Section 8 should be in sync with the constitutional scheme. Once the period of disqualification starts running, the seat, hitherto held by the person disqualified, becomes vacant by virtue of Article 190(3). His […]
Read more "Timing of Votes"There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]
Read more "Day-Fraction"The issue of limitation for enforcement of Foreign Awards, being procedural in nature, is subject to the law of the forum where the Foreign Award is sought to be enforced. The Arbitration Act, 1996 does not specify any period of limitation for filing an application for enforcement of a Foreign Award. Section 43 provides, The […]
Read more "The Plea of Limitation XIV: Enforcement of Foreign Arbitral Awards / The Revival of Ray LIII"“By specifically enacting a provision under Sub-Section (3) of Section 13, with a specific clarification that violation of the principles of natural justice shall not be called in question where the procedure prescribed under Sub-Sections (1) and (2) of Section 13 of The Consumer Protection Act, 1986 has been followed or complied with, the intention […]
Read more "The Plea of Limitation XII: Written Statements, District Consumer Forums II"The Commercial Courts Act, 2015 through Section 16 has amended The Code of Civil Procedure, 1908 in its application to commercial disputes. Whereas commercial disputes [as defined under Section 2(c) of The Commercial Courts Act, 2015] are governed by CPC as amended by Section 16 of the said Act, all other non-commercial disputes fall within […]
Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 II"“From a consideration of the view taken by this Court, through the decisions cited, the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. The consideration would not depend on the status of the party so as to apply a different yardstick. The […]
Read more "Condonation of Delay VII: 916"
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