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Read more "Morality of Orchestra Bars"The Juvenile Justice (Care and Protection of Children) Act, 2000 stands repealed by The Juvenile Justice (Care and Protection of Children) Act, 2015. The procedure for determining age is now part of Section 94 of 2015 Act which was earlier provided under Rule 12 of The Juvenile Justice (Care and Protection of Children) Rules, 2007. […]
Read more "Claim of Juvenility II"Oriental Insurance Company Limited had insured Jaina Construction Company’s Tata Aiwa Truck [Registration No. RJ-02-098177], purchased on 31/10/2007, which was robbed by some miscreants on 04/11/2007. It may be noted, there was conflict of decisions of Two-Judge Benches of this Court. Three-Judge Bench in Gurshinder Singh v. Shriram General Insurance Company Ltd., (2020) 11 SCC […]
Read more "Contracts of Insurance V"Even when we find no reason to consider interference in concurrent findings of fact leading to conviction, question still remains about correctness of Death Sentence. Principles of Penology have evolved. This has led to evolution of ‘rarest of rare’. High Court though has made rather intense comments has, thereafter, proceeded to confirm Death Sentence with […]
Read more "Review of Death Penalty XXV"Elucidation on aspect of ‘care’ required to seek statutory protection under Section 131 is to be found in Indian Overseas Bank v. Industrial Chain Concern, (1990) 1 SCC 484. We must be realistic and pragmatic not to narrow down Banker’s protection under Section 131 to make Banker’s position vulnerable. Officers of Banks are not required […]
Read more "Banker’s Protection, The NI Act"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 I"Learned Counsel, Kunal Chatterji relied on Sher Bahadur v. Union of India, (2002) 7 SCC 141 and Narinder Mohan Arya v. United India Insurance Co. Ltd., (2006) 4 SCC 713 to urge, High Court could interfere with findings of an enquiry which were not based on any evidence. Union of India v. H.C. Goel, (1964) […]
Read more "Disciplinary Proceedings V"Supreme Court of India (SC) held in Deena v. UoI, (1983) 4 SCC 645, hanging by neck is scientific and least painful. SC has also held, only ‘rarest of rare’ issues, literally meaning rarest even in rare, allow passing of a death sentence. A punishment of death is imposed when life imprisonment is absolutely inadequate. […]
Read more "Mitigating Death Sentences"Mallikarjun Kodagali v. State of Karnataka, (2019) 2 SCC 752 observed, victim is not to pray for grant of special leave to appeal, as victim has a statutory right of appeal and proviso to Section 372 does not stipulate any condition of obtaining special leave to appeal like Sub-Section (4) of Section 378. Right provided […]
Read more "Section 372 of The Code of Criminal Procedure, 1973 II"Lawyer’s Voice v. State of Punjab, Writ Petition (Civil) No. 13 of 2022 arises out of an incident, dated 05/01/2022, wherein, on a visit to Hussainiwala, District Firozpur, State of Punjab, convoy of Prime Minister was stuck. We have studied provisions of The Special Protection Group Act, 1988 along with relevant contents of The Blue […]
Read more "Safety and Security of Prime Minister"Shaikh Istiyaq Ahmed was convicted by Supreme Court of Mauritius for possession of 152.8 grams of heroin and was sentenced to imprisonment for 26 years. He was transferred to India as per The Repatriation of Prisoners Act, 2003 on 04/03/2016. Incompatibility with Indian law is with reference to enforcement of sentence, imposed by Supreme Court […]
Read more "152.8 Grams of Heroin"As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]
Read more "Act of God"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"In our opinion, it is a sound and well-established rule of law, Court is concerned with quality and not with quantity of evidence necessary for proving or disproving a fact. Generally speaking, oral testimony in this context may be classified into three categories, namely: (1) wholly reliable; (2) wholly unreliable; (3) neither wholly reliable nor […]
Read more "Review of Death Penalty XXIV"It is clear, for resting a conviction in case of circumstantial evidence, circumstances from which conclusion of guilt is to be drawn should be fully established and all facts so established should be consistent only with hypothesis of guilt. There must be a chain of evidence so complete as not to leave any reasonable ground […]
Read more "Review of Death Penalty XXIII"24.04.2011 – Kallu Khan, riding an unnumbered motorcycle, turned back and tried to run away. Suspecting his conduct, he was apprehended and questioned. Eventually, a polythene bag, containing a brown substance resembling and confirmed to be smack, weighing 900 grams, was found in Kallu’s motorcycle. It was contended, motorcycle seized in commission of offence does […]
Read more "900 Grams of Smack"Mofil Khan v. State of Jharkhand, [Review Petition (Criminal) No. 641 of 2015 in Criminal Appeal No. 1795 of 2009] has observed, possibility of reformation and rehabilitation of convict is an important factor which has to be taken into account as a mitigating circumstance. It is also our duty to take into consideration, state of mind of […]
Read more "Review of Death Penalty XXII"On a fair reading of Section 427 of CrPC, when a person who is already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at expiration of imprisonment to which he has been previously sentenced. However, there is an […]
Read more "Section 427 of The Code of Criminal Procedure, 1973"A land dispute caused loss of life of Abdul Wahab. An endeavour to escape by taking shelter did not succeed. Taijuddin said, “Wahab is there in house of Shorab“. It is right, mere fact of not being brave enough to conceal where Wahab was hiding doesn’t make Taijuddin part of an unlawful assembly. Once we […]
Read more "Faction-Ridden Village Community"Section 220, CrPC envisages situations when a person shall be tried for multiple offences at one trial. It now needs to be determined, if Section 220, CrPC can be applied to proceedings before a Special Court constituted under The Mines and Mineral (Development and Regulation) Act, 1957. It is apparent, on combined reading of […]
Read more "The Principle, Rule, Doctrine of Implied Repeal II"
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