See, Frame v. Smith,  2 SCR 99. Hospital Products Ltd. v. United States Surgical Corporation Ltd., (1984) 156 CLR 41 rightly observed, the scope of fiduciary duties is moulded according to the nature of the relationship and facts of the case. Principles of Fiduciary Relationships are equitable. Equity never operates in an absolute manner […]Read more "Principles of Fiduciary Relationships"
There is a body of case law which clarifies, sans a statutory duty, a positive direction to do something, in a specific manner, cannot be given. It must be shown, there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance. – […]Read more "The Nature of Judicial Power: Hon’ble Justice S. Ravindra Bhat"
It may be added, every case in which a citizen/person knocks at the doors of the Writ Court for breach of his or its fundamental rights is a matter which contains a Public Law element, as opposed to a case which is concerned only with breach of contract and damages flowing therefrom. Whenever a plea […]Read more "Principles of Natural Justice V"
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, […]Read more "Suitability of Candidate"
“It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is […]Read more "Compassionate Appointment II"
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"
“We cannot obviously feed into a judicial computer all such… astrological imponderables in an imperfect and undulating society.” – Bachan Singh v. State of Punjab, (1982) 3 SCC 24. _____ Rule 55A of The Motor Vehicles Rules, 1994, framed and published by Madhya Pradesh, prescribes ₹ 10,000/- for reservation of a large series of registration […]Read more "Life of Numbers"
“It is clear that ‘serious allegations of fraud’ arise only if either of the two tests laid down are satisfied, and not otherwise. The first test is satisfied only when it can be said that the Arbitration Clause or agreement itself cannot be said to exist in a clear case in which the Court finds […]Read more "Arbitrability of Fraud"
When it comes to the penalty of blacklisting, the classic formulation of principles in regard to blacklisting have been laid down in Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70. “Equality of opportunity should apply to matters of public contracts. An ordinary individual can choose not to deal with […]Read more "The Revival of Ray XLIX"
Gopal Prasad was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20.05.1970, at about 15½ years of age. He may have been a minor, but certainly not a toddler. It is absurd that any rational employer, far less a statutory body, would appoint a toddler. The hypothesis of appointment of a toddler is […]Read more "Referred to Larger Bench XXIII: Consequential Benefits of Gopal Prasad"
“In Chandler v. Webster,  1 KB 493 Mr. Chandler rented space from Mr. Webster for viewing the coronation procession of King Edward VII to be held on 26th June, 1902. Mr. Chandler had paid part consideration for the same. However, due to the King falling ill, the coronation was postponed. As Mr. Webster insisted […]Read more "The Doctrine of Frustration of Contract II"
“This Court in Satyabrata Ghose v. Mugneeram Bangur & Co., AIR 1954 SC 44 considered the applicability of Sections 32 and 56 while considering the Doctrine of Frustration of Contract. Naihati Jute Mills Ltd. v. Khyaliram Jagannath, AIR 1968 SC 522 held, if the contract contains implied or expressly a term according to which it […]Read more "The Doctrine of Frustration of Contract I / Section 56 of The Indian Contract Act, 1872 III"
“In a society which has moved away from being a simple agrarian society to a complex modern society in the computer age, the earlier simple test of control, whether or not actually exercised, has now yielded more complex tests in order to decide complex matters which would have factors both for and against the contract […]Read more "Contract of Service v. Contract for Service"
“S. Ambika Devi entered into a tripartite agreement with M/s. Nandan Biomatrix Ltd. and its franchisee M/s. Herbz India. She purchased 750 kilograms of wet musli at the rate of Rs. 400/- per kilogram. M/s. Nandan Biomatrix Ltd was to buy back the produce at a minimum price of Rs. 1,000/- per kilogram. It […]Read more "Harassment of Agriculturists"
“In Brojo Nath Ganguly, (1986) 3 SCC 156 this Court considered the concept of unconscionable bargain. “The word ‘unconscionable’ is defined in the Shorter Oxford English Dictionary, [Third Edition, Volume II, Page 2288] when used with reference to actions, etc. as “showing no regard for conscience; irreconcilable with what is right or reasonable”. An unconscionable […]Read more "Unconscionable Bargain"
An unfortunate incident occurred at Pemberton Soaring Centre at Pemberton in British Columbia. The following were considered: The Aircraft Act, 1934; The Aircraft Rules, 1937; The Aeronautics Act, 1985 [Canada]; The Canadian Aviation Regulations [SOR/96433], Concise Oxford Advanced Learner’s Dictionary [9th Edition, 2015] and Cambridge Advanced Learner’s Dictionary [4th Edition, 2013]. SC reached the conclusion: […]Read more "The Contra Proferentem Rule VI"
“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts [C.A. Rajendran, (1968) 1 SCR 721]. Similarly, the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they wish to exercise their discretion and make such […]Read more "Reservation in Appointment/Promotion"
“Medical negligence comprises of the following constituents: (i) A legal duty to exercise due care on the part of the medical professional; (ii) failure to inform the patient of the risks involved; (iii) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (iv) if the risk had been disclosed, […]Read more "Medical Negligence and Consumer Law II"
“Erusian Equipments and Chemicals Ltd. v. State of West Bengal, 1975 (1) SCC 70 and Raghunath Thakur v. State of Bihar, 1989 (1) SCC 229 as well as Southern Painters v. Fertilizers & Chemicals Travancore Ltd., 1994 Supp (2) SCC 699; Grosons Pharmaceuticals (P) Ltd. v. State of U.P.,(2001) 8 SCC 604 and B.S.N. Joshi […]Read more "The Revival of Ray XXXV"
On the night of 01.08.1998, Sapan Dhawan handed over his Maruti Zen and its keys to Taj Mahal Hotel. The Maruti Zen was stolen. United India Insurance [Vehicle-Insurer/Subsequent Subrogee] and Sapan Dhawan [Vehicle-Owner/Subsequent Subrogor] sought compensation for ‘deficiency in service’. The manner in which the Maruti Zen was stolen revealed Taj Mahal Hotel was responsible […]Read more "Sapan Dhawan’s Stolen Maruti Zen"