Referred to Larger Bench XXI: Residence-Based Reservation / The Revival of Ray XXXIV

My Lord, Domicile/Residence-Based Reservation in Admission to PG Medical Courses within State Quota is Constitutionally Valid? In Dr. Tanvi Behl v. Shrey Goel, [Civil Appeal No. 9289 of 2019] SC observed that, in Saurabh Chaudri, (2013) 11 SCC 146 the answer was affirmative; that, Saurabh Chaudri in Paragraph 31 referred to State of U.P. v. […]

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The De Facto Doctrine

Justice Mookerjee held the following in Pulin Behari Das v. King Emperor, 16 CWN 1105. The acts of officers de facto performed by them within the scope of their assumed official authority, in the interest of the public or third persons and not for their own benefit, are generally as valid and binding as if […]

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The Devil in Holy Water

The Networked Public – How Social Media is Changing Democracy is a good read, amongst other things, for all the thoughts it superbly footnotes. Amber Sinha has bravely questioned the moral authority of certain Former Chief Justices of India. Hon’ble Justice Dipak Misra quashed proceedings regarding a ‘bribery scandal’ that implicated him. Hon’ble Justice Ranjan […]

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Cloned Copy of Electronic Record

“It is a well established position that when statutes are unambiguous, the Court must adopt plain and natural meaning irrespective of the consequences [Nelson Motis v. Union of India, (1992) 4 SCC 711]. On a bare reading of Section 207 of The Criminal Procedure Code, 1973 no other interpretation is possible. We hold that the […]

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The Nature of Judicial Power: Hon’ble Justice Sanjiv Khanna

“Justice S.R. Tendolkar, AIR 1958 SC 538 had postulated two conditions which must be satisfied for a classification to withstand a challenge under Article 14, namely: i) the classification should be founded on intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (ii) the differentia […]

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