State of U.P. v. Mohammad Naim, AIR 1964 SC 703 [Also, Supreme Court of Sri Lanka in A.N. Perera v. D.L.H. Perera, 1982 SCC SL SC 20]; Alok Kumar Roy v. Dr. S.N. Sarma, (1968) 1 SCR 813; A.M. Mathur v. Pramod Kumar Gupta, (1990) 2 SCC 533; Abani Kanta Ray v. State of Orissa, […]
Read more "Expunging Observations"In Dilworth v. Commissioner of Stamps, (1899) AC 99 Privy Council, dealing with a definition which incorporated the word ‘include’, said, “The word ‘include’ is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute; and when it is so used these […]
Read more "A “Means and Includes” Definition VII"The principle of equality is applicable to employment at all stages and in all respects, namely, initial recruitment, promotion, retirement, payment of pension and gratuity. _____ The seniority-cum-merit principle is well established in service jurisprudence and does not need much discussion. Three-Judge Bench in B.V. Sivaiah v. K. Addanki Babu, (1998) 6 SCC 720 observed: […]
Read more "Seniority in Promotion / The Revival of Ray LXVIII"13 March, 2015 – Members of Legislative Assembly, belonging to Party in Opposition, climbed over to Speaker’s dais and damaged furniture and articles, causing a loss of Rs. 2,20,093/-. _____ A copy of the video recording of the incident was procured from the Electronic Control Room of the Legislative Assembly. The first question to be […]
Read more "Veil of Protest"Analyzing decisions [Biswabahan Das v. Gopen Chandra Hazarika, AIR 1967 SC 895; Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288], it is evident, legislative sanction for compounding of offences is based upon two contrasting principles: first, private parties should be allowed to settle a dispute between them at any stage (with or without […]
Read more "Compoundable I"Ms. Madhabi Venkatraman, Original-Allottee, could not continue to wait indefinitely for delivery of Flat No. 7013 in Nectarine Tower, Parx Laurete at Section 108, Expressway, Noida. She requested transfer in favor of Respondent-Purchaser. She felt compelled to sell. It was then Respondent-Purchaser stepped in. The nature and extent of relief, to which a Subsequent-Purchaser can […]
Read more "Original-Allottee, Subsequent-Purchaser"Section 389(1), CrPC allows Court to release a convicted person on bail. The factors that govern grant of suspension of sentence under Section 389(1) have been discussed by this Court in Atul Tripathi v. State of U.P., (2014) 9 SCC 177. Ramji Prasad v. Rattan Kumar Jaiswal, (2002) 9 SCC 366 observed, in cases involving […]
Read more "Cancellation of Bail"The view, only relief which can be granted would be compensation only [Chandigarh Administration v. Jasmine Kaur, (2014) 10 SCC 521], is not good law and cannot be accepted. – Hon’ble Justice M.R. Shah [Three-Judge Bench], S. Krishna Sradha v. State of Andhra Pradesh, AIR 2020 SC 47. _____ The proposition of law which emerges […]
Read more "Referred to Larger Bench XII Answered: Doctrine of Relation Back in Admissions"There can be no doubt, Section 34 of The Arbitration Act, 1996 cannot be held to include within it a power to modify an Award. It is important to remember, Section 34 is modelled on The UNCITRAL Model Law on International Commercial Arbitration, 1985, under which no power to modify an Award is given to […]
Read more "Section 34 of The Arbitration Act V"Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) SCC Online SC 315 reiterates parameters laid down in celebrated decision of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. Seven Principles enunciated in Paragraph 102 of Bhajan Lal [Two-Member Bench] are actually quoted with approval in Neeharika [Three-Member Bench]. Paragraph 37 of […]
Read more "Section 482 of The Code of Criminal Procedure, 1973 V / Supremacy of Ballot v. Authority of Police"The New Okhla Industrial Development Authority is constituted under provisions of The U.P. Industrial Area Development Act, 1976. Regulation 25 of The New Okhla Industrial Development Authority Service Regulations, 1981 states, age of superannuation of employees. Any enhancement of age of superannuation would require an amendment of Service Regulations necessitating prior approval of State Government. […]
Read more "Promissory Estoppel VII"State of J&K v. Triloki Nath Khosa, (1974) 1 SCC 19 explained, a classification for the purpose of Article 14 based on any criteria (as the present minimum age criteria undoubtedly is), must be based on a distinct characteristic, having a rational nexus with the object of the norm, or the law. Similarly, Mohd. Shujat […]
Read more "The Revival of Ray LXVII"“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]
Read more "Be Kind Rewind, Strict Liability"The technological age has produced digital platforms – not like the railway platforms where trains were regulated on arrival and departure. These digital platforms can be imminently uncontrollable at times and carry their own challenges. One form of digital platforms are the intermediaries that claim to be providing a platform for exchange of ideas without […]
Read more "Facebook India"It is to be considered whether the word ‘shall’ used in Section 12 of The Disaster Management Act, 2005 is required to be interpreted and considered as ‘shall’ or ‘may’ and whether it is ‘mandatory’ or ‘directory/discretionary’. The word ‘shall’ is used twice. Cases are not wanting where the words ‘may’, ‘shall’ and ‘must’ are […]
Read more "May & Shall II"A competent Legislature can always validate a law which has been declared by Courts to be invalid, provided the infirmities and vitiating factors noticed in the declaratory Judgment are removed or cured. Such a validating law can also be made retrospective. All that Legislature does is to usher in a valid law with retrospective effect […]
Read more "Retrospective Validating Statute"COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. To provide food security to impoverished persons is the bounden duty of all States and Governments. Those migrant workers who possess a ration card […]
Read more "Dialogic Jurisdiction II"The first essential condition as incorporated in Section 364A is: “whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction.” The second condition begins with conjunction ‘and’. The second condition has also two parts, i.e., (a) threatens to cause death or hurt to such person or (b) by […]
Read more "Section 364A, Indian Penal Code I"A clear distinction is made between ‘prohibited goods’ and ‘other goods’. As has rightly been pointed out, the latter part of Section 125 of The Customs Act, 1962 obligates release of confiscated goods (i.e., other than ‘prohibited goods’) against redemption fine. But, the earlier part of this provision makes no such compulsion as regards ‘prohibited […]
Read more "Discretion in Absolute Confiscation of Prohibited Goods"Senior Advocate, Sanjoy Ghose argued for Captain Arvind Kumar Sharma, Captain K Sai Sashanka, Captain Jeetender Yadav, Captain Jitender Singh Randhawa, Captain Adish M. Chavan, Captain Reuben James, Captain B Sujimon, Captain Vishal V Chandorkar and Captain Vijay Kumar Dahiya before Hon’ble Justice Jyoti Singh of Hon’ble High Court of Delhi. The common thread was […]
Read more "Façade of ‘Commercial Decision’"
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