Moral Turpitude III

The employer terminated services on non-disclosure of pending criminal case. B. Chinnam Naidu, (2005) 2 SCC 746 observed, when a candidate suppresses material information and/or gives false information, he cannot claim any right for appointment or continuance in service. Daya Shankar Yadav, (2010) 14 SCC 103 observed, purpose of seeking information with respect to antecedents […]

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Seniority in Promotion / The Revival of Ray LXVIII

The principle of equality is applicable to employment at all stages and in all respects, namely, initial recruitment, promotion, retirement, payment of pension and gratuity. _____ The seniority­-cum-­merit principle is well established in service jurisprudence and does not need much discussion. Three-Judge Bench, B.V. Sivaiah v. K. Addanki Babu, (1998) 6 SCC 720 observed: “In […]

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Letter of Intent

A ‘letter of intent’ merely indicates a party’s intention to enter into a contract with the other party in future. No binding relationship between the parties at this stage emerges and the totality of the circumstances have to be considered in each case. It is no doubt possible to construe a ‘letter of intent’ as […]

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Be Kind Rewind, Strict Liability

“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]

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Façade of ‘Commercial Decision’

Senior Advocate, Sanjoy Ghose argued for Captain Arvind Kumar Sharma, Captain K Sai Sashanka, Captain Jeetender Yadav, Captain Jitender Singh Randhawa, Captain Adish M. Chavan, Captain Reuben James, Captain B Sujimon, Captain Vishal V Chandorkar and Captain Vijay Kumar Dahiya before Hon’ble Justice Jyoti Singh of Hon’ble High Court of Delhi. The common thread was […]

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Extraditable Fugitives II

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. […]

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Seat of Arbitration II

My Lord, Two Companies, incorporated in India, can Arbitrate outside India? Yes. It is clear, there can be more than one ratio decidendi to a Judgment. Jacobs v. London County Council, (1950) 1 All ER 737 has been followed in State of Gujarat v. M.P. Jadeja, (2013) 2 SCC 300 and in Shayara Bano v. […]

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Explanatory Legislations

Though retrospectivity is not to be presumed and rather there is presumption against retrospectivity, it is open for the Legislature to enact laws having retrospective operation. “Where a statute is passed for the purpose of supplying an obvious omission in a former statute or to ‘explain’ a former statute, the subsequent statute has relation back […]

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Contracts of Insurance II

Aman Bangia completely damaged one Porsche, DL-1CJ-3577, at 02:25 AM on 22.12.2007. It is indisputable, he smelt of alcohol. There is no evidence of recording the exact nature of alcoholic drink which was consumed and there is also no material as to the quantity consumed. We cannot resist recording our disquiet at the conduct of […]

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Tender Law V

Tata Cellular v. Union of India, (1994) 6 SCC 651, Paragraph 94 states: “Normally speaking, the decision to accept the tender or award the contract is reached by process of negotiations through several tiers. More often than not, such decisions are made qualitatively by experts.” Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) […]

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Functional Dead Lock

In Lau v. Chu, [2020] 1 WLR 4656 House of Lords indicated, “just and equitable winding up may be ordered where the company’s members have fallen out in two related but distinct situations, which may or may not overlap.” The first of these is labelled as “functional dead lock” of a paralyzing kind, clearly recognized […]

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The Doctrine of Indirect Discrimination

High Courts in India as well as Supreme Court recognize Doctrine of Indirect Discrimination. Only by exercising close scrutiny and exhibiting attentiveness to the possibility of alternatives can a Court ensure, full potential of Doctrine of Indirect Discrimination is realized and not lost in its application. _____ In a case of direct discrimination, judicial enquiry […]

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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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