Heard & Finally Decided

The meaning of the phrase “heard and finally decided” was considered in Krishan Lal v. State of J&K, (1994) 4 SCC 422 where it was held, matter must have been heard on merits to have been “heard and finally decided”. Erach Boman Khavar v. Tukaram Shridhar Bhat, (2013) 15 SCC 655 has held, res judicata […]

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The Doctrine of Basic Structure II

I do not think there is any serious contestation. Constitution of Kenya, 2010 has a Basic Structure. Constitution of Kenya (Amendment) Bill, 2020 violates certain components of our Constitution’s Basic Structure. [Mr. Justice D.K. Musinga, President of Court of Appeal] Constitutions, like human beings, are never perfect. Judges were agreed, Indian Constitution has a Basic […]

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Binding Precedent

Umabai v. Nilkanth Dhondiba Chavan, (2005) 6 SCC 243 and Tulsi v. Chandrika Prasad, (2006) 8 SCC 322 were not brought to notice of this Court in Vanchalabai Raghunath Ithape v. Shankarrao Baburao Bhilare, (2013) 7 SCC 173. In absence of consideration, we find Vanchalabai Raghunath Ithape will not lay down a binding precedent. – […]

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Monstrosity of Winnability II

The nation continues to wait, and is losing patience. A political party can always give a reason, a candidate with criminal antecedents is found to be more suitable than a person who does not have criminal antecedents. If the political party is of the prima facie opinion, a candidate has been falsely implicated, it can […]

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Expunging Observations

State of U.P. v. Mohammad Naim, AIR 1964 SC 703 [Also, Supreme Court of Sri Lanka in A.N. Perera v. D.L.H. Perera, 1982 SCC SL SC 20]; Alok Kumar Roy v. Dr. S.N. Sarma, (1968) 1 SCR 813; A.M. Mathur v. Pramod Kumar Gupta, (1990) 2 SCC 533; Abani Kanta Ray v. State of Orissa, […]

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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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Referred to Larger Bench XII Answered: Doctrine of Relation Back in Admissions

The view, the only relief which can be granted would be compensation only [Chandigarh Administration v. Jasmine Kaur, (2014) 10 SCC 521], is not good law and cannot be accepted. – Hon’ble Justice M.R. Shah [Three-Judge Bench], S. Krishna Sradha v. The State of Andhra Pradesh, AIR 2020 SC 47. _____ The proposition of law […]

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Promissory Estoppel VII

The New Okhla Industrial Development Authority is constituted under provisions of The U.P. Industrial Area Development Act, 1976. Regulation 25 of The New Okhla Industrial Development Authority Service Regulations, 1981 states, the age of superannuation of employees. Any enhancement of the age of superannuation would require an amendment of the Service Regulations necessitating prior approval […]

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The Revival of Ray LXVII

State of J&K v. Triloki Nath Khosa, (1974) 1 SCC 19 explained, a classification for the purpose of Article 14 (as the present minimum age criteria undoubtedly is, in the present case) based on any criteria, must be based on a distinct characteristic, having a rational nexus with the object of the norm, or the […]

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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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Retrospective Validating Statute

A competent Legislature can always validate a law which has been declared by Courts to be invalid, provided the infirmities and vitiating factors noticed in the declaratory Judgment are removed or cured. Such a validating law can also be made retrospective. All that Legislature does is to usher in a valid law with retrospective effect […]

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Dialogic Jurisdiction II

COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. To provide food security to impoverished persons is the bounden duty of all States and Governments. Those migrant workers who possess a ration card […]

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Wooing and Marriage

Devdutt Pattanaik, Marriage – 100 Stories, (Rupa, 2021) has stories on – I. Origin, II. Singledom, III. Wooing, IV. Fidelity, V. Multiplicity, VI. Children, VII. Property, VIII. Barriers, IX. Heartbreak and X. Coupledom. The following is extracted from ‘III. Wooing’. Agastya Finds a Source of Income Rishi Agastya had to repay his debt to Ancestors […]

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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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Dialogic Jurisdiction I

Policy-making continues to be in sole domain of Executive. Judiciary does not possess authority or competence to assume the role of Executive, which is democratically accountable for its actions and has access to resources which are instrumental to policy formulation. However, this ‘separation of powers’ does not result in Courts lacking jurisdiction in conducting a […]

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Gradual Implementation

The theme of ‘gradual implementation’ of law or legal principles, was also spoken about in Javed v. State of Haryana, (2003) 8 SCC 369 which held, there is no constitutional imperative that a law or policy should be implemented all at once: “when the policies have far-reaching implications and are dynamic in nature, their implementation […]

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Exaggeration

There is no bar on High Court’s power to re­appreciate evidence against acquittal [Sangappa v. State of Karnataka, (2010) 3 SCC 686]. Cambridge Dictionary defines ‘exaggeration’ as “fact of making something larger, more important, better or worse than it really is.” Concise Oxford Dictionary defines it as “enlarged or altered beyond normal proportions.” These expressions […]

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