Indians have been taught the lesson, and rightly so, that consensual intercourse, even if not procreative, is inherent for the enjoyment of life and liberty of every individual and is protected under constitutional morality. Mr. XYZ has come up with a film script. Cut short, the script is about an 18-year old Indian, who gets […]Read more "#THE377DEBATE III : My Lord, Africa"
“The principle of ‘incorporation by reference’ of an Arbitration Clause, from another document or contract is a well-established principle in Arbitration Jurisprudence [Clements v. Devon Country Insurance Committee,  1 KB 94; Macleod Ross and Co. Ltd. v. Compagnie d’ Assurances Generales L’Helvetia of St Gall,  1 Lloyd’s Rep 12 (CA)]. This principle has […]Read more "Section 7(5) of The Arbitration Act IV"
“Two Judge Bench in State Bank’s Staff Union (Madras Circle) v. Union of India, (2005) 7 SCC 584 had occasion to examine the concept. Further in Jay Mahakali Rolling Mills v. Union of India, 2007 (12) SCC 198 following has been laid down: “Retrospective means looking backward, contemplating what is past, having reference to a […]Read more "Retrospective v. Retroactive"
Daya Kishan Joshi, (2018) 11 SCC 642; Surendra Pandey (2015) 13 SCC 625; Lord Denning. “He fell off the roof of the bus accidentally and died. Merely because the deceased was coming down the roof of the bus after having his meal, cannot be considered in isolation and interpreted so myopically to hold that he […]Read more "The Doctrine of Notional Extension"
Security Clearance is Mandatory – The Cable Television Network (Amendment) Rules, 2012. My Lord, Principle of Natural Justice, Fair Play Overlooked? “In similar circumstances, in Ex-Armymen’s Protection Services Private Limited, (2014) 5 SCC 409 the following was laid down: “What is in the ‘interest of national security’ is not a ‘question of law’. It is […]Read more "Principles of Natural Justice IV"
45 Years of E.P. Royappa Determination of Equation of Pay Scales: Government, Experts; Not Courts [SAIL, (2011) 11 SCC 122; S.C. Chandra, (2007) 8 SCC 27]. Determinative Factors in Equation of Posts: a) Prescribed Minimum Qualification; b) Nature and Duty [E.P. Royappa, (1974) 4 SCC 3]; c) Responsibility and Power; Salary [P.K. Roy, AIR 1968 SC […]Read more "Principle of Parity II / The Revival of Ray XI"
“Equality means parity of treatment under parity of conditions. The rule of parity is the equal treatment of equals in equal circumstances.” – Chief Justice of India, Hon’ble Justice A.N. Ray, State of Kerala v. N.M. Thomas, AIR 1976 SC 490. “The imposition of a penalty in disciplinary proceeding lies in the sole domain of […]Read more "Principle of Parity I"