Hon’ble Justice Anu Malhotra of Hon’ble High Court of Delhi, Ebera Nwanaforo v. Narcotics Control Bureau, [Bail Appln. No. 3705 of 2020] and Frank Vitus v. Narcotics Control Bureau, [Bail Application No. 4187 of 2020] decided on 31.05.2022. Directions in Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731 cannot be […]
Read more "Bail For Narcotics"What looms before us is Lord Hale’s Ghost. Exception 2 to Section 375, IPC is referred to as Marital Rape Exception. MRE is bad in law as it violates Article 14. A ‘conjugal expectation’ to have sexual communion is not to be equated with an unfettered right to have sex without consent. J. Sai Deepak’s […]
Read more "Conjugal Expectation of Lord Hale’s Ghost"Atbir, accused of causing death of his Step-Mother, Step-Brother and Step-Sister by multiple knife-blows, was charged of offence under Section 302 of The Indian Penal Code, 1860. Additional Sessions Judge, on 27/09/2004, awarded a Death Sentence, confirmed by High Court of Delhi on 13/01/2006. SC, on 09/08/2010, found it to be a case falling in […]
Read more "Furlough II"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"Phrases – such as: ‘question of law’ – are open textual expressions, used in statutes to convey a certain meaning which Legislature would not have intended to be read in a pedantic manner. When words allow narrow as well as wide interpretations, Courts have developed art and technique of finding correct meanings by looking at […]
Read more "Question of Law"The expression ‘offence’ in Section 19 of The Protection of Children from Sexual Offences Act, 2012 would include all ‘offences’ under The Protection of Children from Sexual Offences Act, 2012 including ‘offence’ under Section 23. In our society, victims of ‘sexual offence’ are, more often than not, treated as an ‘abettor’, if not ‘perpetrator’, even […]
Read more "Referred to Larger Bench XXVI: Offence"A person who seeks refuge under umbrella of Article 25 has to demonstrate not only ‘essential religious practice’ but also its engagement with constitutional values. There is absolutely no material placed on record to prima facie show wearing of Hijab is a part of an ‘essential religious practice’ in Islam. It is not so, if […]
Read more "Hijab"Though both parties have addressed this Court at length on merits and have also taken us through voluminous documents, we do not find it necessary to go into those issues. Justice S. Murtaza Fazal Ali as well as Justice A.N. Sen in Shah Babulal Khimji v. Jayaben D. Kania, (1981) 4 SCC 8 have a […]
Read more "5 LAKHS FOR SUPREME COURT"Whether, and if so where, an employee should be posted are matters which are governed by exigencies of service; an employee has no fundamental right or a vested right to claim a transfer or posting of their choice; individual convenience of persons who are employed in service is subject to overarching needs of administration. Court […]
Read more "Proportionality in Culture of Justification II"My Lord, District Magistrate or Chief Metropolitan Magistrate can appoint and authorize an Advocate under Section 14(1A) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002? Yes. It is well established, an Advocate is a guardian of constitutional morality and justice equally with a Judge. He bears responsibility towards […]
Read more "Subordinate Officer"Court notices, medical practitioners have a quasi-fiduciary relationship with their patients. A doctor’s prescription is considered final, even if cost of such medication is unaffordable or barely within economic reach – such is level of trust reposed. Therefore, it is a matter of great public importance and concern, when it is demonstrated, a doctor’s prescription […]
Read more "Freebies"We rely on Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed, (1976) 1 SCC 671: “It will be seen, in context of locus standi to apply for a Writ of Certiorari, an applicant may ordinarily fall in any of these categories: (i) ‘person aggrieved’; (ii) ‘stranger’; (iii) ‘busybody’ or ‘meddlesome interloper’. Persons in last […]
Read more "The Writ of Busybody Strangers / The Revival of Ray LXXXI"Orchestra Bars are required to secure premises and performance licenses. Court is no stranger to controversies relating to prohibition and restriction in participation of women from performances in establishments in Maharashtra: State of Maharashtra v. Indian Hotel and Restaurant Association, (2013) 8 SCC 519 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2015) […]
Read more "Morality of Orchestra Bars"My Lord, Was Resignation of Ms. X, on 15/07/2014, Voluntary? We are only examining, i) correctness of Order of Transfer, ii) rejection of ‘representations’ and iii) question as to whether ‘resignation’ could be construed to be voluntary or not. Ms. X tendered a ‘resignation’ on 15/07/2014, which was accepted by Government of Madhya Pradesh, Law […]
Read more "Involuntary Resignation"Where a statute is adjudged to be unconstitutional, it is as if it had never been. Rights cannot be built up under it; contracts which depend upon it for their consideration are void; it constitutes a protection to no one who has acted under it and no one can be punished for having refused obedience […]
Read more "The Doctrine of Prospective Overruling"Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, (2007) 3 SCC 184 delineated principles. These principles have been restated in Amarinder Singh v. Special Committee, Punjab Vidhan Sabha, (2010) 6 SCC 113. It is open to demonstrate, ‘action’ of Legislature is manifestly arbitrary. As expounded in Amarinder Singh, important consideration for scrutinizing exercise of legislative […]
Read more "Action Against Gross Disorder"State of Mizoram issued an invitation for ‘Expression of Interest’, through Institutional Finance and State Lottery, inviting bids for appointment of lottery distributors and selling agents for Mizoram State Lottery to be organized by Government of Mizoram in terms of The Mizoram Lotteries (Regulation) Rules, 2011 framed under The Lotteries (Regulation) Act, 1998. A purchaser […]
Read more "Competition in Lottery"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"
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