Celebratory Gunshots

On 21.04.2007, around 5:30 PM, as soon as the marriage procession reached the courtyard, Bhagwan Singh fired celebratory gunshots from a licensed gun. The pellets struck 5; 2 succumbed to their injuries. The shots were fired towards the roof and were not aimed at any of the victims. Trial Court as well as the High […]

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The Revival of Ray XLI

“We are reminded of the weighty observation of Justice V.R. Krishna Iyer in Pasupuleti Venkateswarlu v. The Motor & General Traders, (1975) 1 SCC 770. “We affirm the proposition that for making the right or remedy claimed by the party just and meaningful as also legally and factually in accord with the current realities, the […]

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Seat of Arbitration

Before 3-Judges in Mankatsu Impex Private Limited v. AirVisual Limited, [Arbitration Petition No. 32 of 2018] it was submitted, i) declaration by 3-Judges in BGS Soma [Later Bench], to the effect 3-Judges in Hardy Exploration [Earlier Bench] did not declare ‘good law’, may not tantamount to an overriding of Hardy Exploration and ii) 3-Judges in BGS Soma […]

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Harassment of Agriculturists

“S. Ambika Devi entered into a tripartite agreement with M/s. Nandan Biomatrix Ltd. and its franchisee M/s. Herbz India. She purchased 750 kilograms of wet musli at the rate of Rs. 400/- per kilogram. M/s. Nandan Biomatrix Ltd was to buy back the produce at a minimum price of Rs. 1,000/- per kilogram.   It […]

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Article No. 800: The Revival of Ray XL / Disjunctive, Conjunctive II

“Reliance has been placed on Sri Nasiruddin v. State Transport Appellate Tribunal, (1975)  2 SCC 671. The word ‘or’ was given grammatical meaning. It was held that the word ‘or’ cannot be read as ‘and’. They should be considered in an ordinary sense. If two different interpretations are possible, the Court will adopt that which […]

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Generalia Specialibus Non Derogant

“The maxim is quite well-known. The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. “Where there are general words in a later legislation capable of reasonable […]

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