Referred to Larger Bench XXV Answered: Doctrine of Separability of Arbitration Agreement

Intercontinental Hotels Group (India) Private Ltd. v. Waterline Hotels Pvt. Ltd., 2022 SCC OnLine SC 83 on issue of insufficiently/incorrectly stamped documents, proceeded to appoint an Arbitrator under Section 11(6) of The Arbitration and Conciliation Act, 1996 – considering, time-sensitivity. A sufferance of stamp deficiency is a curable defect. Arbitration Act does not specifically […]

Compound Interest

A wide variety of rival submissions have been presented before us on whether Consumer Fora had been justified in awarding and approving ‘compound interest’. An attempt to seek ‘compound interest’ in such real estate dealings did not meet with approval of this Court and in Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna, (2021) 3 […]

Principle of Parity III

In cases where illegible documents have been supplied, a grave prejudice is caused since no man can defend himself against an unknown threat. It has been brought to our notice, co-detenue, Neeraj Varshney, has already been granted relief on grounds of illegible Chinese documents. Principle of Parity is squarely applicable. In cases of ‘preventive detention’, […]

Principles of Natural Justice IX

Rights are not absolute in a constitutional democracy. The sealed cover practice places processes by which a decision is arrived at, beyond scrutiny [Commander Amit Kumar Sharma v. Union of India, (2022) SCC OnLine SC 1570]. This case presents Court with an opportunity. State must satisfy Court, national security concerns are involved. A claim cannot […]

Principles of Natural Justice VIII / The Revival of Ray XCI

RBI has been issuing ‘Master Directions’ on diverse issues since 2016. Every proceeding which involves civil consequences or adversely affects a citizen should be in accordance with Principles of Natural Justice. Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 held, since blacklisting affects privileges of a blacklisted person, fundamentals […]

Claim of Juvenility V / Review of Death Penalty XXXV

This is an application under Section 9(2) of The Juvenile Justice (Care and Protection of Children) Act, 2015. As regards maintainability, Vinod Katara v. State of Uttar Pradesh, 2022 SCC OnLine SC 1204 explained rationale for raising belated claim of juvenility. It has crossed our mind, whether a boy of 12 years could commit […]

The Doctrine of Chilling Effect

To remember, it is an error to follow US Supreme Court decisions without adverting to differences of position in India. View taken by this Court in State of Kerala v. Raneef, (2011) 1 SCC 784; Arup Bhuyan v. Union of India, (2011) 3 SCC 377; Sri Indra Das v. State of Assam, (2011) 3 SCC […]

Review of Death Penalty XXXIV

Anvar, (2014) 10 SCC 472 as clarified in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 is law declared on Section 65B of The Indian Evidence Act, 1872. We deem it appropriate to eschew electronic evidence. It is clear, there is no reason to doubt guilt. Even though Sundar has committed a ghastly crime, there is possibility of […]

SC Resolves Conflict Between NI Act & IBC

Rainbow Papers Limited sought loans from Tourism Finance Corporation of India Limited and issued post-dated cheques which stood dishonoured. Criminal Complaint was filed before Chief Metropolitan Magistrate, Saket Courts, New Delhi. Neeraj Paper Agencies Limited requested initiation of Corporate Insolvency Resolution Process against Rainbow Papers Limited. The scope of nature of proceedings are quite different. […]

Drugs & Cosmetics

It was permissible for Registered Medical Practitioner-S. Athilakshmi to practice medicine when not performing her duty as an Associate Professor and Head of Dermatology Department in Government Omandurar Medical College, Chennai. Drugs Inspector sought to prosecute S. Athilakshmi under Section 18(c) of The Drugs and Cosmetics Act, 1940. S. Athilakshmi had not ‘stocked’ medicines for […]

Air Purifier

The question would arise, whether invention claimed in ‘Air Decontamination Assembly’ [Application No. 201741016833] is no more than a workshop improvement/mere application of an old contrivance? Can it be described as a lucky accident? In opinion of this Court, subject invention is not a mere addition to a well-known combination. It has some new features […]

Rip Van Winkle Policy

Campus Activewear Limited’s press for relief can only be decided on claim of passing off. On a comparison, it is undeniable, there are structural and phonetic similarities between ‘CAMPUS’ and ‘CAMPS’. Rama Shankar Garg, sole proprietor of M/s. Baba Footwear, is the registered owner of the mark ‘CAMPS’. ‘CAMPS’ was accorded registration as early as […]

Run, D.K. Bose

‘College Romance’, Season 01, Episode 05 titled ‘Happily F****d Up’ [*5:24 to 6:40 and 25:28 to 25:46*] was published and broadcasted on YouTube on 06.09.2018. Court found excessive use of ‘swear words’, ‘profane language’ and ‘vulgar expletives’. The words used cannot even be reproduced here. Depiction does not connote filming alone but conveying by a […]

Review of Death Penalty XXXIII

Division Bench of High Court of Madhya Pradesh affirmed Death Sentence awarded by Trial Court. We do not find any reason to doubt correctness of birth certificate. Appellant is held to be less than 16 years and, therefore, maximum punishment could be upto 3 years. His incarceration beyond 3 years would be illegal and, therefore, […]

Magic Formula

My Lord, Political Question? No. Justice Y.V. Chandrachud, as Lordship then was, speaking in Indira Nehru Gandhi v. Raj Narain (1975) Suppl. SCC 1 held, “principle of separation of powers is not a magic formula.” Irrespective of consequences, an honest person would, ordinarily, unrelentingly take on high and mighty and persevere in righteous path. Appointment […]

First Information Report V

One prominent hurdle is undoubtedly ‘corruption’; ‘greed’ has been overpowering in its impact. Little wonder, outbreak of scams is commonly noticed. Since there exists no magic wand, as in fairy tales, a swish of which could wipe out ‘greed’, Constitutional Courts owe a duty to people to show zero tolerance to ‘corruption’. It would […]

First Information Report IV

Victim-Appellant, perhaps mercilessly and ruthlessly beaten up by Police Personnel present at premises of Minister-Jitendra Awhad, seeks transfer of investigation to CBI to investigate/re-investigate FIR Nos. 119 of 2020 and 120 of 2020 registered at Vartak Nagar Police Station, Thane. High Court has not committed any error in refusing to transfer investigation to CBI. But, […]

Primacy of Views IV: The Odisha Lokayukta Act, 2014

Division Bench of High Court set aside an Order of Odisha Lokayukta, in exercise of power conferred under Section 20(1) of The Odisha Lokayukta Act, 2014, to initiate a preliminary inquiry on a complaint received from Mr. Ranjan Kumar Das [Deputy Superintendent of Police, Vigilance Cell Unit, Bhubaneswar] indicating alleged corruption of Dr. Pradip Kumar […]

Science for Everyone: DNA VI

Ajinkya alleged, Aparna was in an adulterous relationship with Kshitij Bafna. He found certain intimate messages. Ajinkya caused a DNA test at DNA Labs India. DNA Test Report indicated, “probability of paternity is 0%.” _____ Section 112 of The Indian Evidence Act, 1872 is based on presumption of public morality and public policy [Sham Lal […]

Pushtaini, Non-Pushtaini Landholders

While, prima facie, said classification seems reasonable, the devil lies in the details. Courts have now adopted proportionality test [Om Kumar v. Union Of India, (2001) 2 SCC 386]. A classification should come with safeguards against its potential abuse [Gujarat Mazdoor Sabha v. State of Gujarat, (2020) 10 SCC 459]. The said notification by way […]

The Last Word

A Diversion for Lawyers and Others

Doctrines