Architecture, Structure, Bricks and Walls

In Re: Daksh The Basic Structure Doctrine has an able critic in Senior Advocate Raju Ramachandran [RR]. Christmas Comedy Night with RNR RR: “When you talk of a Structure, four professions are involved – architecture, civil and structural engineering, masonry and brick laying.” RNR: Let’s see. Katrina Kaif – Architecture (God’s Contribution, Genes), Engineering (Gym, […]

The Principle, Rule, Doctrine of Implied Repeal I

“It is well settled that in a case where there is a repealing clause to a particular Act, it is a case of express repeal, but in a case where doctrine of implied repeal is to be applied, the matter will have to be determined by taking into account the exact meaning and scope of […]

Stare Decisis, Not Logic Intolerant

‘Stare Decisis’ is a Latin phrase which means “to stand by decided cases; to uphold precedents; to maintain former adjudication.” SC in Paragraph 26-A, Indra Sawhney, (1992) 3 SCC 217 observed, in law, certainty/consistency/continuity are highly desirable features. Doctrine of Stare Decisis is not an ‘imprisonment of reason‘. Concepts are good servants but bad masters. […]

Promissory Estoppel III

“A new class of Estoppel recognised as ‘Promissory Estoppel’ has assumed considerable significance in recent years. This principle, evolved by equity, to avoid injustice is traceable in the leading case on the subject in Central London Property Trust Ltd. vs. High Trees House Ltd., (1947) 1 KB 130. This Court in Nestle India Limited, (2006) […]

Substantial Severability v. Textual Divisibility

It is well settled, if a contract is in several parts, some of which are legal and enforceable and some are unenforceable, lawful parts can be enforced provided they are substantially severable and not merely textually divisible [Shin Satellite, (2006) 2 SCC 628]. Court must consider the question whether the parties could have agreed on […]

NJAC Judgment II: Jasti Chelameswar J

Honourable. Honourable. Honourable. Hon’ble Justice Altamas Kabir has shared the Bench with Hon’ble Justice J. Chelameswar for days on end. Hon’ble Justice Altamas Kabir was sworn in at the Hon’ble Calcutta High Court on the same day as Hon’ble Justice Ruma Pal. They are friends. It is widely rumored, Hon’ble Justice Ruma Pal facilitated Hon’ble […]

Stale Claims Before Writ Court

“Writ Court while deciding a Writ Petition is required to remain alive to the nature of the claim and the unexplained delay on the part of the Writ Petitioner. Stale claims are not to be adjudicated unless non-interference would cause grave injustice. In the case at hand, the employee was dismissed from service in the […]

Per Incuriam I

My Lord, Per Incuriam? “In Mamleshwar Prasad, (1975) 3 SCR 834, Krishna Iyer, J., succinctly laid down what is meant by the per incuriam principle. He stated: “We do not intend to detract from the rule that, in exceptional instances, whereby obvious inadvertence or oversight a Judgment fails to notice a plain statutory provision or […]

Promissory Estoppel II

“In M/s. Motilal Padampt Sugar Mills Company, (1979) 2 SCC 409 this Court, on an exhaustive survey of the law pertaining to Doctrine of Promissory Estoppel, held, the same was equitable and would yield when equity so required. While propounding, the same had been evolved to avoid injustice where it is demonstrated that a party acting on […]

Principles of Natural Justice I

An administrative authority cannot dispense with the requirement of issuing notice, deciding that no prejudice will be caused to the person against whom an action is contemplated. “It is not permissible to jump over the compliance of the Principles of Natural Justice on the ground that even if hearing had been provided it would have […]

Promissory Estoppel I

Estoppels and Estoppels (Lord Denning). If equity is flexible enough to permit Proprietary Estoppel to be used as a cause of action, there is no reason in logic or principle why Promissory Estoppel should also not be available as a cause of action, if necessary to satisfy equity. “The law on the subject of Promissory […]

The Doctrine of Legitimate Expectation I

An aggrieved person is entitled to judicial review if he can show that a decision of the public authority deprives him of some benefit or advantage which in the past he had been permitted to enjoy and which he legitimately expected to be permitted to continue to enjoy until he was given reasons for withdrawal […]

Referred to Larger Bench I: The Rules of The Game Principle

In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao, (2001) 10 SCC 51 a Two-Judge Bench [Babu and Raju JJ] held, “the rules of the game, meaning thereby the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process of selection has commenced.” In K. Manjusree, (2008) 3 SCC 512 […]

DNA Tests: The Divide Between Science and Morality

“Case to Case Basis” is a grand excuse. In Ramkanya Bai v. Bharatram, (2010) 1 SCC 85 Hon’ble Justice Tarun Chatterjee rejected the application for a DNA test to be performed on the child of the Appellant-Wife. One fact that validated that rejection was the Respondent-Husband had made the paternity of the child a ‘prestige […]

The “First Strike” in Child Custody Battles I

In Surya Vadanan v. State of Tamil Nadu, [Criminal Appeal No. 395 of 2015] the custody of two minor girls, both British citizens, was in question. Following intense matrimonial discords, the mother had left U.K. and had come to India with her two daughters. She also instituted a proceeding in the Family Court at Coimbatore […]

‘Settled’ Principles of Interpretation

Hon’ble Justice Nariman has the penchant for stating what is ‘settled’. Sitting Judges have something to learn from the confidence of his authorship. “It is well settled that the provisions of a statute must be read harmoniously together.” “However, if this is not possible then it is settled law that where there is a conflict […]

Desuetude

In 1818, Abraham Thornton, acquitted on a charge of murdering Mary Ashford, on being rearrested, claimed a trial by combat. The prosecution stated that a law ought to become invalid if it was not used for centuries. The Court, however, had to “administer the law as they found it, and not as they wished it […]

Public Policy and Foreign Arbitral Awards

In India, the true import of the phrase ‘public policy’ was, at first, put to question in relation to The Indian Contract Act, 1872. Section 23 reads as: “The consideration or object of an agreement is lawful, unless the Court regards it as immoral or opposed to public policy.” In 1959, in Gherulal Parakh v. Mahadeodas […]

The Last Word

A Diversion for Lawyers and Others

Doctrines