The primary function of Courts is to interpret and apply laws according to will of those who made them and not to transgress into domain of policy-making. It is not for Court to pronounce policy. It cannot term a particular policy as fairer than the other. Courts must exercise restraint. “Untouchability though intended to be […]
Read more "Untouchability"Sahi Ram was driving a Tavera, RJ27-TC-0323. The vehicle was searched, during which 7 bags of poppy straw, the gross weight being 223 kilograms, were found behind the driver’s seat. Sahi Ram was convicted for offence punishable under Section 8 r/w Section 15 of The NDPS Act; sentenced to suffer rigorous imprisonment for 15 years […]
Read more "223 Kilograms of Poppy Straw"Kedar Nath Motani, (1960) 1 SCR 861 had an occasion to consider the question of application of the maxims ‘ex turpi causa non oritur actio‘ and ‘ex dolo malo non oritur actio‘. Three-Judge Bench, speaking through M. Hidayatullah, J (as His Lordship then was), observed thus: “The correct position in law, in our opinion, is, […]
Read more "Ex Turpi Causa Non Oritur Actio"“I am glad, Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with appointment of Judges to Supreme Court of India. From time immemorial, mankind desired to have wise and humane Judges with the wisdom to discriminate between truth and falsehood. The legends of King Solomon and Dharmaraja and the like are […]
Read more "Appointment of Justice"“It is settled law that the fundamental right under Article 30 cannot be waived. The historical reasons for enacting Article 30(1) have been set out in some detail in the Judgment of Shelat, J. and Grover, J. in Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225. This was further fleshed out in the […]
Read more "The Revival of Ray XXX"Mysteries all around! Here is a mnemonic: “Great Britain resident, Mr. Noble Boris, likes ketchup, chips; black raspberry, kraft singles. Not so greedy, Mr. Boris, swims, jogs. Good relaxation settles reactive minds. Kindly greet/kiss/bless because Mr. Boris rationalizes respect.” 1 2 3 Here you Go! “Great Britain Resident, Mr. Noble Boris, Likes Ketchup, Chips; Black […]
Read more "Judges and Astrology III"“Reliance is placed on Sri Nasiruddin, (1975) 2 SCC 671. Muhammed Ashraf, AIR 2009 KER 14 took support from the dictum in Holmes v. Bradfield Rural District Council, 1949 (1) All ER 381 and also in Sri Nasiruddin, (1975) 2 SCC 671 wherein this Court adopted ‘just, reasonable and sensible’ interpretation.” – Hon’ble Justice A.M. Khanwilkar, The Authorised […]
Read more "The Revival of Ray XXIX"Shivrang Yadavrao Waghmare was appointed as a Judicial Magistrate on 01.03.1985. He was dismissed from service on 15.01.2004. The allegation was, Justice Waghmare had a ‘proximate relationship’ with a Lawyer and thus, decided favorably in favor of the Lawyer’s clients, including the Lawyer’s family when they were parties to certain proceedings. This is ‘gratification’ of […]
Read more "Purity of Character I"“The sheet anchor is the Constitution Bench Judgment in P. Vajravelu Mudaliar, (1965) 1 SCR 614 and Nagpur Improvement Trust, (1973) 1 SCC 500. In Nagpur Improvement Trust a Seven-Judge Bench of this Court examined the matter in some detail, and followed P. Vajravelu Mudaliar together with another Judgment, Balammal, (1969) 1 SCR 90. Both, […]
Read more "The Revival of Ray XXVIII"It is, most often, not permissible to read words in a statute which are not there. But, where the alternative lies between either supplying by implication certain words which appear to have been accidentally omitted, or adopting a construction which deprives certain existing words of all meaning, it is permissible to supply the words. “In […]
Read more "Word Supply I / The Revival of Ray XXVII"Anant Mills Co. Ltd. v. State of Gujarat and Others, (1975) 2 SCC 175 considered challenge to validity of Section 406, The Bombay Provincial Municipal Corporations Act, 1949. The principles laid down in Anant Mills Co. Ltd. and in Seth Nand Lal, 1980 (Supp) SCC 574 have consistently been followed, for instance in (i) Vijay […]
Read more "The Revival of Ray XXVI"“The territories forming part of Goa, Daman and Diu were part of the kingdom of Portugal. They were annexed by the Government of India by conquest on 20.12.1961 and became a part of India by virtue of Article 1(3)(c) of the Constitution. The President of India, exercising powers vested in him under Article 123(1) of […]
Read more "Civil Code in Goa"“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"
The Last Word 
You must be logged in to post a comment.