“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]
Read more "Names in CBSE Certificates"Policy-making continues to be in sole domain of Executive. Judiciary does not possess authority or competence to assume role of Executive, which is democratically accountable for its actions and has access to resources which are instrumental to policy formulation. However, this ‘separation of powers’ does not result in Courts lacking jurisdiction in conducting a judicial […]
Read more "Dialogic Jurisdiction I"The theme of ‘gradual implementation’ of law or legal principles, was also spoken about in Javed v. State of Haryana, (2003) 8 SCC 369 which held, there is no constitutional imperative that a law or policy should be implemented all at once: “when the policies have far-reaching implications and are dynamic in nature, their implementation […]
Read more "Gradual Implementation"There is no bar on High Court’s power to reappreciate evidence against acquittal [Sangappa v. State of Karnataka, (2010) 3 SCC 686]. Cambridge Dictionary defines ‘exaggeration’ as “fact of making something larger, more important, better or worse than it really is.” Concise Oxford Dictionary defines it as “enlarged or altered beyond normal proportions.” These expressions […]
Read more "Exaggeration"Courts must be open, both in physical and metaphorical sense. Citizens have a right to know about what transpires in course of proceedings. Public scrutiny is crucial to maintaining transparency and accountability. Cases before Courts are vital sources of public information about activities of Legislature and Executive. Freedom of speech and expression extends to reporting […]
Read more "The Nature of Judicial Power: Constitutional Ethos II"Time fleets, generations grow, society changes, values and needs also change by time. There can be no denial, law should change with changing time and changing needs of society. Famous words of Justice Oliver Wendell Holmes Jr. in Towne v. Eisner, 245 US 425 (1918): “Word is not a crystal, transparent and unchanged; it is […]
Read more "Precedential Certainty / The Revival of Ray LXVI"Repugnancy can be looked at from three distinct perspectives. The first is where provision of a State enactment is directly in conflict with a law enacted by Parliament. Compliance with one is impossible along with obedience to the other. The second is where regulation of subject matter by Parliament is so complete as a code, […]
Read more "Repugnancy I"Constitution Bench in T.M.A. Pai Foundation, (2002) 8 SCC 481 has expounded, private unaided school management must have absolute autonomy to determine school fees. The consistent view has been restated and enunciated by Constitution Bench in Modern Dental College and Research Centre, (2016) 7 SCC 353 in Paragraph 75. Though fee can be fixed by […]
Read more "Permissible School Fees"K. Crenshaw has been credited for coining the term ‘intersectionality’. “Discrimination, like traffic through an intersection, may flow in one direction, and it may flow in another. If an accident happens in an intersection, it can be caused by cars traveling from any number of directions and, sometimes, from all of them. Similarly, if a […]
Read more "Intersectionality"What would constitute ‘patent illegality’ has been elaborated in Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49. Union of India v. Bright Power Projects (India) (P) Ltd., (2015) 9 SCC 695 highlighted, the position of law on grant of interest under Section 31(7) of 1996 Act. Though Secretary, Irrigation Department, Government of Orissa […]
Read more "Section 31(7) of The Arbitration Act VI"In the present case, we are concerned with Article 224A. Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128 observed, if a person appointed under Article 224A was not considered to be a Judge of the High Court for the purpose of jurisdiction, powers and privileges, the question of appointing such a person would […]
Read more "An Alive Article 224A / The Revival of Ray LXV"It becomes necessary for this Court, to dwell on the ‘rule of alternate remedy’ and its judicial exposition [Whirlpool Corporation v. Registrar of Trademarks, Mumbai, (1998) 8 SCC 1; Harbanslal Sahnia v Indian Oil Corpn. Ltd., (2003) 2 SCC 107]. When a right is created by a statute, which itself prescribes remedy or procedure for […]
Read more "Rule of Alternate Remedy"My Lord, Indian-Companies can Arbitrate outside India? Yes. It is clear, there can be more than one ratio decidendi to a Judgment. Jacobs v. London County Council, (1950) 1 All ER 737 has been followed in State of Gujarat v. M.P. Jadeja, (2013) 2 SCC 300 and in Shayara Bano v. Union of India, (2017) […]
Read more "Seat of Arbitration II"Though retrospectivity is not to be presumed and rather there is presumption against retrospectivity, it is open for Legislature to enact laws having retrospective operation. “Where a statute is passed for the purpose of supplying an obvious omission in a former statute or to ‘explain’ a former statute, the subsequent statute has relation back to […]
Read more "Explanatory Legislations"Tata Cellular v. Union of India, (1994) 6 SCC 651, Paragraph 94 states, “Normally speaking, the decision to accept the tender or award the contract is reached by process of negotiations through several tiers. More often than not, such decisions are made qualitatively by experts.” Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) […]
Read more "Tender Law V"This Court in Madhusudan Gordhandas v. Madhu Woollen Industries Pvt. Ltd., (1971) 3 SCC 632 observed: If the debt is bona fide disputed and the defence is a substantial one, Court will not wind-up the Company [London and Paris Banking Corporation, (1874) LR 19 Eq 444; Brighton Club and Horfold Hotel Co. Ltd., (1865) 35 […]
Read more "Disputed Company Debt / The Revival of Ray LXIV"High Courts in India as well as Supreme Court recognize Doctrine of Indirect Discrimination. Only by exercising close scrutiny and exhibiting attentiveness to possibility of alternatives can a Court ensure, full potential of Doctrine of Indirect Discrimination is realized and not lost in its application. _____ In a case of direct discrimination, judicial enquiry is […]
Read more "The Doctrine of Indirect Discrimination"Union Territory, Chandigarh Administration v. Pradeep Kumar, (2018) 1 SCC 797 dealt with the expression ‘honourable acquittal’. It was opined, acquittal in a criminal case was not conclusive for suitability of the candidate concerned and it could not always be inferred from an acquittal or discharge that the person was falsely involved or has no […]
Read more "Suitability of Candidate II / Honourable Acquittal I"Court will not debate academic matters or concern itself with intricacies of trade and commerce. Legislature should be allowed some play in the joints, because it has to deal with complex problems which do not admit of solution through any doctrinaire or straitjacket formula and this is particularly true in case of legislation dealing with […]
Read more "Unchartered Ocean of Policy Decision II"NCDRC dismissed a Consumer Case, instituted under Act of 1986 on 18.06.2020, on the ground, after enforcement of Act of 2019, pecuniary jurisdiction of NCDRC has been enhanced from Rupees One Crore to Rupees Ten Crores. The decision has been set aside. _____ A change in forum lies in the realm of procedure. Accordingly, in […]
Read more "Act of 1986 v. Act of 2019"
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