Civil Sheep & Criminal Wolf

A reading [State of Assam v. Ranga Mahammad, (1967) 1 SCR 454; Jagdish Chander Gupta v. Kajaria Traders (India) Ltd., (1964) 8 SCR 50; Rajasthan State Electricity Board v. Mohan Lal, (1967) 3 SCR 377; CBI v. Braj Bhushan Prasad, (2001) 9 SCC 432; Godfrey Phillips India Ltd. v. State of U.P., (2005) 2 SCC […]

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The Revival of Ray LXI

“In every case where a statute inflicts a penalty for doing an act, though the act be not prohibited, yet the thing is unlawful, because it is not intended that a statute would inflict a penalty for a lawful act. It is a question of construction in each case whether the Legislature intended to prohibit […]

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The Hurt Locker

Unfortunately, there is no substantive domestic legislation or sector­-specific regulations which may throw light upon the issue of whether banks are responsible for loss of articles placed inside the locker. This requires factual findings on knowledge of the contents of the locker; or whether the locker holder had prepared any receipt or inventory of the […]

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Sham Transactions

A transaction which is sham or collusive would only create an illusion that money has been disbursed to a borrower with the object of receiving consideration… when in fact the parties have entered into the transaction with a different or an ulterior motive. In other words, the real agreement between the parties is something other […]

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Educational Qualifications in Promotion / The Revival of Ray LIX

The Constitution Bench in Jammu & Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 considered the question, whether persons drawn from different sources and integrated into one class can be classified on the basis of their Educational Qualifications for promotion. The Constitution Bench answered the question in the affirmative holding, providing for Graduates to […]

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Referred to Larger Bench XXV: Doctrine of Separability of Arbitration Agreement

It is well settled, an Arbitration Agreement is distinct and separate; independent from the substantive commercial contract in which it is embedded. The autonomy of the Arbitration Agreement is based on the twin concepts of separability and kompetenz – kompetenz; which, though inter-related, are distinct. The Doctrine of Separability of Arbitration Agreement connotes, the invalidity, […]

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Principles of Natural Justice VII / The Revival of Ray LVIII

The core issue: not to say, consultation should be open ended/indefinite or release all information; disclosure of certain information may violate the right to privacy of individuals/cause breach of national security/impinge on confidentiality; information may be abridged or even denied for larger public interest; there should be good grounds and justification to withhold information; boundaries […]

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Value of Housework

The sheer amount of time and effort that is dedicated to household work by individuals, who are more likely to be women than men, is not surprising when one considers the plethora of activities a housemaker undertakes. The conception that housemakers do not ‘work’ or that they do not add economic value to the household […]

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Acceptor’s Condition

The short question is, whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor. The offer and acceptance of an offer must be absolute. It can give no room for doubt. The offer and acceptance must […]

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Timing of Votes

The disqualification under Section 8 of The Representation of 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 name […]

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Section 34 of The Arbitration Act IV / Arbitral Award Dissent

Mr. Peter Leaver [Queen’s Counsel], Justice V.K. Gupta [Retd.] and Mr. Anthony Houghton [Senior Counsel] delivered their International Arbitral Award in New Delhi, on 12.05.2014. Majority Award [Mr. Peter Leaver and Mr. Anthony Houghton] was in favor of Anglo American Metallurgical Coal Pty Ltd. and Dissenting Award [Justice V.K. Gupta] dismissed the claim of Anglo […]

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Taxing Lottery

Section 2(b) of The Lotteries (Regulation) Act, 1998 of the Act defines, ‘lottery’ means a scheme, in whatever form and by whatever name called, for distribution of prizes by lot or chance to those persons participating in the chances of a prize by purchasing tickets. State of Bombay v. R.M.D. Chamarbaugwala, AIR 1957 SC 699 […]

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Suitability of Candidate

Commissioner of Police, New Delhi v. Mehar Singh, (2013) 7 SCC 685 while considering a case of antecedents verification, for appointment into Delhi Police Service, observed, a candidate wishing to join the Police Force must be a person having impeccable character and integrity. In a case where candidates have been acquitted in a criminal case, […]

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Matters of Education

It is trite to say that often, a proposition of law as laid down in a case is as good as the facts of the case. We say so in view of the fact that matters of education must be left to educationists, of course subject to being governed by the relevant statutes and regulations. […]

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