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"Court has propounded several tests for determining reasonableness for purpose of Article 19(1)(g). These have ranged from testing restrictions for arbitrariness [Dwarka, AIR 1954 SC 224; Shree Meenakshi Mills, AIR 1974 SC 366], excessiveness [Chintaman Rao, AIR 1951 SC 118] and discerning their objective of compliance with Directive Principles of State Policy [Saghir Ahmad, (1955) […]
Read more "Proportionality in Culture of Justification I"Waiver is abandonment of a right which normally everybody is at liberty to waive [Pravesh Kumar Sachdeva v. State of Uttar Pradesh, (2018) 10 SCC 628]. Waiver of mandatory requirement of a statute was considered by this Court in depth in Commissioner of Customs, Mumbai v. Virgo Steels, Bombay, (2002) 4 SCC 316. Similarly, in […]
Read more "The Doctrine of Waiver"A land dispute caused loss of life of Abdul Wahab. An endeavour to escape by taking shelter did not succeed. Taijuddin said, “Wahab is there in house of Shorab“. It is right, mere fact of not being brave enough to conceal where Wahab was hiding doesn’t make Taijuddin part of an unlawful assembly. Once we […]
Read more "Faction-Ridden Village Community"Section 220, CrPC envisages situations when a person shall be tried for multiple offences at one trial. It now needs to be determined, if Section 220, CrPC can be applied to proceedings before a Special Court constituted under The Mines and Mineral (Development and Regulation) Act, 1957. It is apparent, on combined reading of […]
Read more "The Principle, Rule, Doctrine of Implied Repeal II"Mrinal Das v. State of Tripura, (2011) 9 SCC 479 observed, credible evidence even of a hostile witness can form basis for conviction in a criminal trial. It is a harsh reality, particularly, in those cases where accused persons/criminals are tried for heinous offences, or where accused persons are influential persons or in a dominating […]
Read more "Witness Protection"It would be profitable to refer to Mohd. Mannan v. State of Bihar, (2019) 16 SCC 584 in which it was held, before imposing extreme penalty of Death Sentence, Court should satisfy itself Death Sentence is imperative, as otherwise convict would be a threat to society and there is no possibility of reform or rehabilitation […]
Read more "Review of Death Penalty XXI"It is by now a lucid dictum, for purpose of constituting an offence under Section 307, IPC there are two ingredients – first, whether there was any intention or knowledge on part of accused to cause death of victim, and, second, such intent or knowledge was followed by some overt actus rea in execution thereof, […]
Read more "Section 307, Indian Penal Code I"It is settled law, Court cannot interfere with soundness and wisdom of a policy. A policy is subject to judicial review on limited grounds [Asif Hammed v. State of Jammu & Kashmir, 1989 Supp (2) SCC 364; Sitaram Sugar Co Ltd. v. Union of India, (1990) 3 SCC 223; Khoday Distilleries Ltd. v. State of […]
Read more "Unchartered Ocean of Policy Decision III / The Revival of Ray LXXVII"After Narayan Govind Gavate v. State of Maharashtra, (1977) 1 SCC 133 a ‘discordant note’ came to be struck in Pista Devi, (1986) 4 SCC 251. Chameli Singh, (1996) 2 SCC 549 proceeded to consider decisions in Gavate, Pista Devi and Rajasthan Housing Board, (1993) 2 SCC 84. Chameli Singh was not noticed in Om […]
Read more "The Revival of Ray LXXVI"There is a subtle difference between a defective investigation and one brought forth by a calculated and deliberate action or inaction. While dealing with a defective investigation, Court is expected to sift evidence available and find out truth. Every case involves a journey towards truth. We are distressed to note, investigation has not been conducted […]
Read more "Colorable Investigation"A claim of juvenility may be raised at any stage of a criminal proceeding, even after a final disposal. An application claiming juvenility could be made either before Court or JJ Board. It is neither feasible nor desirable to lay down an abstract formula to determine age of a person. It has to be on […]
Read more "Claim of Juvenility I"
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