“There cannot be no manner of doubt on the proposition that Article 21 rights are placed on a pedestal, and rightly so, at the same time, though, the individual cannot always be the centre of attention.” – Hon’ble Justice Sanjay Karol, Central Bureau of Investigation v. Dayamoy Mahato, 2025 INSC 1418.
Read more "Train No. 2102, Jnaneshwari Express"Contra Proferentem is not a principle of universal application and it does not merit applicability in case of commercial contracts, for a clause in a commercial contract is bilateral and has mutually been agreed upon. Any question as to unconscionableness of a stipulation contained in an agreement would probably arise for consideration only if it […]
Read more "The Contra Proferentem Rule VIII"Doctrine of Separation of Powers is not merely philosophical. – Hon’ble Former Chief Justice of India, Hon’ble Justice B.R. Gavai, Madras Bar Association v. Union of India, [Writ Petition (Civil) No. 1018 of 2021]. _____ “We are not final because we are infallible, but we are infallible only because we are final.” We have rather […]
Read more "The Nature of Judicial Power: One Battle After Another"Learned Arbitrator reserved his Arbitral Award on 28.07.2012 but pronounced it only on 16.03.2016. Significantly, no explanation worth the name was offered by him for the delay. Passage of time invariably debilitates frail human memory. Even if detailed notes were made, they would be a poor substitute to what is fresh immediately after conclusion of […]
Read more "Dilatory Arbitrators"It is an eye-opener for one and all. In State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, A.N. Ray, CJ (as he then was), noted, varying needs of different classes of persons require special treatment. It was cautioned, equality cannot mean absolute equality. In other words, equality would only mean parity of treatment […]
Read more "Transgender Protection Cell / The Revival of Ray XCVIII"Atomberg Technologies Private Ltd. in Transfer Petition (Civil) No. 1983 of 2025 seeks transfer of Suit for Infringement instituted by Eureka Forbes Limited before High Court of Delhi, on 07.07.2025, to High Court of Judicature at Bombay. Eureka Forbes Limited in Transfer Petition (Civil) No. 2174 of 2025 seeks transfer of Suit for Groundless Threat […]
Read more "Suit Battle"This is the first time since December-2014, ‘The Last Word’ has accepted to publish someone else’s full-fledged article. When writing is this honest, it should receive all support it can. What follows is from Akshit Soni, a 5th Yr. Student at Geeta Institute of Law, Panipat. _____ Following the trend of addressing institutional quirks through […]
Read more "How to be a Supreme but not Infallible Supreme Court Judge"Vaneeta Patnaik is a Faculty Member of West Bengal National University of Juridical Sciences. Dr. Nirmal Kanti Chakrabarti was appointed as a Vice Chancellor of NUJS on 03.07.2019. September, 2019 – Dr. Nirmal insisted Vaneeta should accompany him for dinner. He even touched Vaneeta in a manner that made her extremely uncomfortable. October, 2019 – […]
Read more "Dr. Nirmal Kanti Chakrabarti"Well thought of and planned policies can crumble, like a sandcastle, at first hit of waves, if there isn’t a strong administration in place to implement them. Membership in a Public Service Commission is a position of significant constitutional trust and responsibility. Any conduct on part of its Members that appears subjective or raises suspicion […]
Read more "Leakage of Question Paper of Assistant Engineer (Civil) Mains Examination"The jurisprudential divide between irregular and illegal appointments is neither artificial nor academic Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1 held, mere technical irregularities in appointment processes, in absence of evidence of illegality, arbitrariness or fraud, cannot be a ground to undo appointments, especially when appointees are not at fault. Vikas Pratap […]
Read more "The Baishakhi Principle"Democracy, in its essence, means a society governed by elected representatives of people based on universal adult franchise in a free and transparent manner. Thus, free and fair elections go to the root of a functional democracy. Lok Prahari v. Union of India, (2018) 4 SCC 699 summarized the legal and contextual position regarding non-disclosure of assets […]
Read more "Consequential or Inconsequential Import"Air Force has continually opened new Combat Air Force Roles for Women as Fighter Pilots, Helicopter Pilots, et cetera. It does not stand to reason, when Women Officers like Captain Ojaswita Shree, Major Dwipannita Kalita and Flight Lieutenant Shivangi Singh can operate behind enemy lines with all expected risks, why Women Officers in times of […]
Read more "Women Officers"The Chief Justice of India bears a significant moral responsibility to ensure, Judiciary functions in a transparent, efficient and constitutionally appropriate manner. The Chief Justice of India is clearly an important person in maintaining institutional interest and credibility. The Chief Justice of India owes a duty to keep our justice delivery system pure, clean and […]
Read more "Where Eagles Dare"The only purpose of entrusting work of adjudicating Disqualification Petitions to a Speaker/Chairman was to avoid dilly-dallying in Courts or the Election Commission’s office. The question we have to ask ourselves is, whether the trust which Parliament entrusted has been adhered to? Kihoto Hollohan v. Zachillhu, 1992 Supp (2) 651 was not expected to anticipate, […]
Read more "Dilly-Dally"Khursheed [Police Constable-Baramulla] on 17/02/2023 received a signal from Aijaz Ahmad Naiko [Deputy Superintendent of Police-Kupwara] to report on 20/02/2023. The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by complete mutilation of Khursheed’s genitalia, represents one of the most barbaric instances of Police atrocity which State is trying to defend […]
Read more "Compensatory Jurisprudence of Constitutional Courts XV : Custodial Violence II"Secunderabad Club v. CIT, 2023 INSC 736 had occasion to delineate how to cull out ratio decidendi and identify principles which have precedential value. Further, a simple test has been invoked by this Court. Professor Eugene Wambaugh’s ‘Inversion Test’ mandates, to determine whether a particular proposition of law is part of ratio decidendi, either that […]
Read more "Ratio Decidendi IV"R.M. Malkani v. State of Maharashtra, (1973) 2 SCR 417 is locus classicus on determining admissibility of a tape-recorded conversation. When this Court decided Yusufalli Esmail Nagree v. State of Maharashtra, AIR 1968 SC 147 and R.M. Malkani, devices like tape-recorders and microphones were carefully placed in a space wherein conversations could be secretly recorded […]
Read more "Spill the Beans"For purposes of clarity, a narco-analysis test is an interrogation method whereby a suspect of a crime is injected with a psychoactive drug under controlled conditions to suppress their reasoning power or ability to determine what is good/bad for themselves. Selvi v. State of Karnataka, (2010) 7 SCC 263 held involuntary administration of this test […]
Read more "Narco-Analysis"The expression ‘entertainments’ is a word of general import and in common parlance includes cinema shows, dramatic performances. The expression ‘entertainments’ used in Entry 62 – List II does not draw a distinction between one who derives amusement and one who caters to it. It covers both categories. Court has interpreted the expression ‘entertainments’ in […]
Read more "Entertainments"Niranjan Shankar Golikari v. Century Spinning and Manufacturing Co., 1967 SCC OnLine SC 72 made a distinction between restrictive covenants operating during subsistence of an employment contract and those operating after its termination. This view was reiterated by Justice A.P. Sen, in concurrence, in Superintendence Company (P) Ltd. v. Krishan Murgai, (1981) 2 SCC 246. […]
Read more "Minimum Service Tenure"
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