Learned Counsel, Kunal Chatterji relied on Sher Bahadur v. Union of India, (2002) 7 SCC 141 and Narinder Mohan Arya v. United India Insurance Co. Ltd., (2006) 4 SCC 713 to urge, High Court could interfere with findings of an enquiry which were not based on any evidence. Union of India v. H.C. Goel, (1964) […]
Read more "Disciplinary Proceedings V"Supreme Court of India (SC) held in Deena v. UoI, (1983) 4 SCC 645, hanging by neck is scientific and least painful. SC has also held, only ‘rarest of rare’ issues, literally meaning rarest even in rare, allow passing of a death sentence. A punishment of death is imposed when life imprisonment is absolutely inadequate. […]
Read more "Mitigating Death Sentences"Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, (2007) 3 SCC 184 delineated principles. These principles have been restated in Amarinder Singh v. Special Committee, Punjab Vidhan Sabha, (2010) 6 SCC 113. It is open to demonstrate, ‘action’ of Legislature is manifestly arbitrary. As expounded in Amarinder Singh, important consideration for scrutinizing exercise of legislative […]
Read more "Action Against Gross Disorder"Mallikarjun Kodagali v. State of Karnataka, (2019) 2 SCC 752 observed, victim is not to pray for grant of special leave to appeal, as victim has a statutory right of appeal and proviso to Section 372 does not stipulate any condition of obtaining special leave to appeal like Sub-Section (4) of Section 378. Right provided […]
Read more "Section 372 of The Code of Criminal Procedure, 1973 II"Judgments cited on changing ‘rules of game midway’ referred to changes in selection criteria or procedure for selection. Those cases are distinguishable from case before us. _____ An examination can only reflect current competence of an individual but not gamut of their potential, capabilities or excellence, which are also shaped by lived experiences, subsequent training […]
Read more "The Rules of The Game Principle V / The Revival of Ray LXXIX"The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2008 and The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2015 have statutory effect by virtue of Section 97(3) of The Employees’ State Insurance Act, 1948. It is settled law, regulations framed by statutory authorities have force of enacted law. Constitution […]
Read more "The Revival of Ray LXXVIII"Two-Judge Bench in JP Builders v. A. Ramadas Rao, (2011) 1 SCC 429 observed, Section 16(c) of The Specific Relief Act, 1963 mandates ‘readiness and willingness’ of plaintiff and is a condition precedent to obtain relief of specific performance. Court further observed, ‘readiness’ refers to financial capacity and ‘willingness’ refers to conduct of plaintiff wanting […]
Read more "Readiness and Willingness I"The Trade Marks Act, 1999 came into force on 15th September, 2003. When a trade mark is identical with a registered trade mark and goods or services are identical too, Court shall presume it is likely to cause confusion on public. Court has pointed out, essentials of a passing off action cannot be equated […]
Read more "An Identical Trademark"Lawyer’s Voice v. State of Punjab, Writ Petition (Civil) No. 13 of 2022 arises out of an incident, dated 05/01/2022, wherein, on a visit to Hussainiwala, District Firozpur, State of Punjab, convoy of Prime Minister was stuck. We have studied provisions of The Special Protection Group Act, 1988 along with relevant contents of The Blue […]
Read more "Safety and Security of Prime Minister"Section 22 of The Limitation Act, 1963 provides for computation of limitation in case of a continuing breach of contract or tort. Constitution Bench in M. Siddiq v. Suresh Das, (2020) 1 SCC 1 examined precedents and observed, “a ‘continuing wrong’ arises where there is an obligation imposed by law, agreement or otherwise to continue […]
Read more "The Plea of Limitation XVII: Continuing Wrong"Number of candidates was not quite large. 4270 in U.P. Public Service Commission v. Subhash Chandra Dixit, (2003) 12 SCC 70. 51524 and 5748 in preliminary and main examinations respectively in Sanjay Singh v. U.P. Public Service Commission, Allahabad, (2007) 3 SCC 720. 3000 in Mahinder Kumar v. High Court of Madhya Pradesh, (2013) 11 […]
Read more "The Rules of The Game Principle IV"As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]
Read more "Act of God"To differentiate between ‘findings’ and ‘reasons’, Mr. K.V. Viswanathan relied on Income Tax Officer, A-Ward, Sitapur v. Murlidhar Bhagwan Das, AIR 1965 SC 342. It is clear, “finding is a decision on an issue”. J. Ashoka v. University of Agricultural Sciences, (2017) 2 SCC 609 held, “reasons are the links between the materials on which […]
Read more "Section 34(4) of The Arbitration Act"The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"In our opinion, it is a sound and well-established rule of law, Court is concerned with quality and not with quantity of evidence necessary for proving or disproving a fact. Generally speaking, oral testimony in this context may be classified into three categories, namely: (1) wholly reliable; (2) wholly unreliable; (3) neither wholly reliable nor […]
Read more "Review of Death Penalty XXIV"It is clear, for resting a conviction in case of circumstantial evidence, circumstances from which conclusion of guilt is to be drawn should be fully established and all facts so established should be consistent only with hypothesis of guilt. There must be a chain of evidence so complete as not to leave any reasonable ground […]
Read more "Review of Death Penalty XXIII"Dibrugarh offered a simple, uncomplicated lifestyle and we grew up in a milieu with a consistent feel-good ambience. My greatest satisfaction as a Lawyer was, help I could render to my Father outside Court when he had faced a disqualification under Tenth Schedule in 1994. P.K. Goswami, Senior Advocate, represented my Father. Amitava Roy [Retired […]
Read more "Justice Ranjan Gogoi’s Justice"Mofil Khan v. State of Jharkhand, [Review Petition (Criminal) No. 641 of 2015 in Criminal Appeal No. 1795 of 2009] has observed, possibility of reformation and rehabilitation of convict is an important factor which has to be taken into account as a mitigating circumstance. It is also our duty to take into consideration, state of mind of […]
Read more "Review of Death Penalty XXII"On a fair reading of Section 427 of CrPC, when a person who is already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at expiration of imprisonment to which he has been previously sentenced. However, there is an […]
Read more "Section 427 of The Code of Criminal Procedure, 1973"“Insurance is a contract of speculation. Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of the fact, and his believing the contrary.” – Lord Mansfield, Carter v. Boehm, (1766) 3 Burr 1905. What is necessary to be disclosed are ‘material facts’ which […]
Read more "Contracts of Insurance IV"
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