“Deceased undisputedly was over 80 years. Plaintiff pleaded that by reason of age and sickness, the mental capacity of the Deceased was impaired. There is no evidence whatsoever of his mental status. There can be no presumption with regard to the same only because of old age to equate it with complete loss of mental […]
Read more "Care For Elders ≠ Undue Influence"A. “Albert Einstein spoke of change when he said, ‘world as we have created is a process of our thinking. It cannot be changed without changing our thinking’.” – Hon’ble Chief Justice of India, Hon’ble Justice T.S. Thakur, Board of Control for Cricket v. Cricket Association of Bihar, (2016) 8 SCC 535. B. “We would like […]
Read more "Albert, Albert Einstein"“The most significant impact of Doctrine of Separation of Powers is seen and felt in terms of institutional independence of Judiciary from other Organs of State. Judiciary, in terms of personnel, the Judges, is independent. Constitutional Bench Judgments have uniformly ruled, Doctrine of Separation of Powers, though not specifically engrafted, forms part of the Basic […]
Read more "The Doctrine of Separation of Powers I"In Shrimati Indira Nehru Gandhi v. Shri Raj Narain, [1976 2 SCR 347] Ray CJ. and Chandrachud J. had laid stress on rule of law in our constitutional scheme. The term ‘rule of law’ is not a magic lamp which can be scratched to invoke a power which brings to any person in need whatever […]
Read more "The Discomfort of ADM Jabalpur II"Hon’ble Justice L. Nageswara Rao in State of Tamil Nadu v. G. Hemalathaa, Civil Appeal No. 6669 of 2019 quoted Chief Justice John Roberts in Caperton v. A.T. Massey, 556 U.S. 868 (2009). “Extreme cases often test the bounds of established legal principles. There is a cost to yielding to the desire to correct the […]
Read more "Hard Cases Make Bad Law"“The circumstances under which an employee can withdraw the resignation tendered by him and what are the limitations to the exercise of such right, have been dealt by this Court in a number of decisions. It is well settled, normally, until the resignation becomes effective, it is open to an employee to withdraw his resignation. […]
Read more "Prospective Resignation"P.S. Malik, Additional District Judge [Dwarka, New Delhi], against whom disciplinary proceedings alleging sexual harassment is underway, filed a Writ Petition under Article 32. Supreme Court was quick to note, expression of opinion by Court on issues relevant and material in a disciplinary inquiry may cause prejudice. An important question was considered, nonetheless. The word […]
Read more "The Revival of Ray XXV"It is admitted, after a personal hearing took place on 30.07.2011, no decision was passed on objections submitted by land-owners, either allowing or disallowing their objections; nor was any communication sent to them. It is abundantly clear, in absence of an order being passed as contemplated by Section 20D of The Railways Act, 1989 no […]
Read more "Non-Communicated File Notings I"Arbitration Agreements need not be a formal contract. Section 7(4)(b) states, an Arbitration Agreement can be derived from exchange of letters, telex, telegram or other means of communication, including through electronic means. What is required to be ascertained is, intention of parties to refer their disputes or differences to Arbitration. A common-sense approach must be […]
Read more "Non-Signatories to Arbitration II"My Lord, A plaintiff claiming title by adverse possession can maintain a suit under Article 65 of The Limitation Act, 1963 for declaration of title? Yes. Historically, adverse possession is a pretty old concept of law. It is a useful but an often-criticized concept. It is a hostile possession, clearly asserting hostile title in denial […]
Read more "The Sword of Adverse Possession"“Justice Krishna Iyer delivered a concurring opinion in Sushil Kumar Sen v. State of Bihar, (1975) 1 SCC 774, expressing a thought process which would be of significant relevance to the issue in hand. “The humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary […]
Read more "The Revival of Ray XXIV"“While the powers the High Court may exercise under its Writ Jurisdiction are not subject to strict legal principles, two clear principles emerge with respect to when a High Court’s Writ Jurisdiction may be engaged. First, the decision of the High Court to entertain or not entertain a particular action under its Writ Jurisdiction is […]
Read more "Writ Jurisdiction of High Courts I"“With effect from 01.09.2018, Section 143A was inserted in The Negotiable Instruments Act, 1881 by Amendment Act No. 20/2018. We are concerned only with applicability of said Section 143A to offences under Section 138, committed before insertion of said Section 143A. Section 143A not only creates a new disability or an obligation but also exposes […]
Read more "Section 143A, The NI Act"Board of Control for Cricket in India [BCCI] has adopted Anti-Doping Rules [BCCI ADR] that implement mandatory requirements of World Anti-Doping Agency [WADA] Code in Indian Cricket. BCCI ADR, 2019 applies to present case. Mr. Shaw consumed a cough syrup for a couple of days before he played Syed Mushtaq Ali Trophy, Mumbai v. Sikkim, […]
Read more "The Case of Mr. Prithvi Shaw"“When the accusation in the present case has its genesis in certain acts and utterances attributed to the accused, the meaning and expanse of the expression ‘abetment’, particularly on its operation in relation to the offence of ‘abetment of suicide’, is required to be dilated upon. Abetment involves a mental process of instigating a person […]
Read more "Section 306, Indian Penal Code II"“It is the experience of the Judge that comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence.” – Hon’ble Justice Dipak Misra, Vikram Anantrai Doshi, (2014) 15 SCC 29. _____ I) Shankar, (2019) 5 SCC 166. II) Manjit Singh v. State of Punjab, [Criminal Appeal No. […]
Read more "Compromising the Non-Compoundable"“In Kunhayammed, (2000) 6 SCC 359 this Court held, “logic underlying Doctrine of Merger is, there cannot be more than one Decree or operative Orders governing same subject-matter at a given point of time. Doctrine of Merger is not of universal or unlimited application.” This position of law has been recently affirmed and reiterated by […]
Read more "The Doctrine of Merger II"“Sitaram was functioning as Head Constable. A carbine was issued to him. It is alleged, on 18 February, 1998 at about 0945 hours, while he was cleaning the barrel of his loaded 9 MM carbine in the barracks, he did not remove the magazine and proceeded to clean the carbine carelessly. As a result, eight […]
Read more "Disciplinary Proceedings I"Uncontrolled and indiscriminate entry of persons, Hindu or Muslim, from Pakistan into India or from India to Pakistan, is fraught with the possibility of espionage and sabotage. When employed for espionage, care is taken to see, he does not know who his real employers are but knows only the name of his contact man, whose […]
Read more "The Golden Lasso of Truth"“Doctrine of Merger would come into play as exposited in Kunhayammed, (2013) 10 SCC 655 wherein a Three-Judge Bench of this Court opined that once a Special Leave Petition has been granted, the doors of the Appellate Jurisdiction of this Court have been let open and any Order passed thereafter would be an Appellate Order […]
Read more "The Doctrine of Merger I"
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