“It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is […]
Read more "Compassionate Appointment II"There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]
Read more "Day-Fraction"The law will assist only those who are vigilant about their rights and not those who sleep over them. The importance of legal maxims as guiding principles can hardly be underestimated. “The principle forming the basis of Section 10(1) of The General Clauses Act, 1897 also finds a place in Section 4 of The Limitation […]
Read more "Vigilantibus Non Dormientibus Jura Subveniunt"The issue of limitation for enforcement of foreign awards, being procedural in nature, is subject to the law of the forum where the foreign award is sought to be enforced. The Arbitration Act, 1996 does not specify any period of limitation for filing an application for enforcement of a foreign award. Section 43 provides, The […]
Read more "The Plea of Limitation XIV: Enforcement of Foreign Arbitral Awards / The Revival of Ray LIII"“On 18.06.2001, the Intelligence Officer in the Narcotics Control Bureau, Chandigarh was proceeding to Theog from Shimla. He was travelling along with other Officials. In transit, they stopped near Nangala Devi Temple. When they ordered meals and tea and were waiting for the food to be served, the Intelligence Officer could smell the odour of […]
Read more "13 Kilograms of Charas / The Revival of Ray LII"NLSIU, Bangalore has been in existence for some time now. The number of people who display the University, as, at least, a footnote in their identity, is distinctive. I came across my Super-Senior, Ruchika Chanana, while discussing on ‘Quirkier’, The NLSIU Alumni Newsletter. I am happy to have found a spot in ‘Quirkier’, Issue 1. […]
Read more "The Sadanand Sharma Trophy for Extramural Excellence"Pravin Kumar (‘Kumar’) joined the Central Industrial Security Force in January, 1995 as a Sub-Inspector. Eventually, he was deployed in the Crime and Intelligence Wing. As evidenced, Kumar was specifically entrusted with conducting surprise searches and taking strict action against anyone indulging in corruption. On 28.02.1999, Constable Ram Avtar Sharma (‘Sharma’) was commuting in a […]
Read more "Disciplinary Proceedings III"Muthukumar is said to be the kingpin involved in this crime and is absconding. Ashoo appears to be a victim of Muthukumar’s plot. The standard of proof in a departmental proceeding, being based on preponderance of probability, is somewhat lower than the standard of proof in a criminal proceeding where the case has to be […]
Read more "Disciplinary Proceedings II"“Diwan Bros. v. Central Bank of India, (1976) 3 SCC 800 referred to the well-known dictum of Lord Buckmaster in Barras v. Aberdeen Steam Trawling and Fishing Company, 1933 AC 402. “It has long been a well-established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning […]
Read more "Lord Buckmaster"“In the case of Mohan Lal this Court observed, in a case where the informant and the investigator is the same, the trial is vitiated and the accused is entitled to acquittal. Varinder Kumar held, the decision in the case of Mohan Lal shall be applicable prospectively and shall not affect the cases, pending criminal […]
Read more "Referred to Larger Bench XIV Answered Again: Mohan Lal"Pusan raised questions and submitted letters about Busan’s company and his other employees, present and former. Busan was obviously upset. Busan: Pusan, apologize. That’s it. Pusan: No; neither my questions nor my submissions are incorrect. I will happily undergo punishment. Pusan’s Senior Colleague: Pusan has been under your employment for years now. Sir Busan, be […]
Read more "Contempt Jurisdiction VI / Childish Magnanimity"“The existence of a ‘substantial question of law’ is the sine qua non for the exercise of jurisdiction under Section 100. The principles for deciding when a question of law becomes a ‘substantial question of law’, have been enunciated by a Constitution Bench of this Court in Sir Chunilal V. Mehta & Sons Ltd. v. […]
Read more "Section 100 of The Code of Civil Procedure, 1908"“We cannot obviously feed into a judicial computer all such… astrological imponderables in an imperfect and undulating society.” – Bachan Singh v. State of Punjab, (1982) 3 SCC 24. _____ Rule 55A of The Motor Vehicles Rules, 1994, framed and published by Madhya Pradesh, prescribes ₹ 10,000/- for reservation of a large series of registration […]
Read more "Life of Numbers"Most jurists draw distinction between ‘direct application’ of treaties in domestic law, and national legal systems that mandate and require ‘act of transformation’ for an international treaty to apply and be a part of domestic law; ‘direct application’ means and mandates that the treaty norms, either wholly or to some extent, are directly treated as […]
Read more "Act of Transformation"“In A. Subash Babu v. State of A.P., (2011) 7 SCC 616 this Court held, “The expression ‘aggrieved person’ denotes an elastic and an elusive concept… Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case…” […]
Read more "Aggrieved Person / The Revival of Ray LI"“The matter relates to the unnatural death of Actor, Sushant Singh Rajput on 14.6.2020. He was in a live-in relationship with Rhea. But, on 8.6.2020, Rhea shifted to her own residence… The legal process must be focused upon revelation of the correct facts through credible and legally acceptable investigation. It must be determined whether the […]
Read more "The Importance of Being Earnest III"Justice Krishna Iyer, in his inimitable style, has observed, a wise economy of use of the contempt power by the Court is the first rule. The Court should act with seriousness and severity, where justice is jeopardized by a gross and/or unfounded attack on the Judges, where the attack is calculated to obstruct or destroy […]
Read more "Contempt Jurisdiction V / The Revival of Ray L"Konkan Railway Corporation v. Rani Construction (P) Ltd., (2002) 2 SCC 388 held, Section 16 empowers the Arbitral Tribunal to rule on its own jurisdiction; the Arbitral Tribunal’s authority under Section 16 is not confined to the width of its jurisdiction, but goes to the very root of its jurisdiction. Konkan Railway was decided on […]
Read more "Section 4 of The Arbitration Act II"When it comes to the penalty of blacklisting, the classic formulation of principles in regard to blacklisting have been laid down in Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70. “Equality of opportunity should apply to matters of public contracts. An ordinary individual can choose not to deal with […]
Read more "The Revival of Ray XLIX"“The parties clearly indicated that it was only the Court at Delhi which shall have exclusive jurisdiction with regard to any dispute and no other Court would have jurisdiction over the same. In that view of the matter, the presentation of the plaint at Gurgaon was certainly not before a Court having jurisdiction in the […]
Read more "Order 7, Rule 10-A of The Code of Civil Procedure, 1908"