“The expression ‘Quasi-Judicial Order’ means a verdict in writing which determines and decides contesting issues and question by a Forum other than a Court. The determination has civil consequences. Explaining the meaning of ‘Quasi-Judicial Body’ in Indian National Congress (I) v. Institute of Social Welfare, (2002) 5 SCC 685 it was held, when any body […]
Read more "Quasi-Judicial I"Hon’ble Justice Arun Misra, while explaining Section 108 of The Companies Act [Ram Parshottam Mittal v. Hotel Queen Road Pvt. Ltd., Civil Appeal No. 3934 of 2017], quoted Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray [Mannalal Khetan v. Kedar Nath Khetan, (1977) 2 SCC 424]; My Lord, Mannalal Khetan v. Kedar Nath Khetan, […]
Read more "The Revival of Ray XXII"Appellant Nos. 1-44 – Builder-Buyer Agreement – Respondent/Builder. Respondent/Builder, Failed! Appellant Nos. 1-44, NCDRC, Consumer Complaint. “National Commission concluded, the case could not be accepted as a class action and dismissed same. The dismissal of the case as class action is questioned. In T.N. Ganapathy, (1990) 1 SCC 608 it was held, persons who may […]
Read more "Class Action, Consumer Disputes I"Games played just for fun can also be played for money. Lawyers and Non-Lawyers paid ample respect and just respect to a Game developed on Indian Premier League [IPL]. An esteemed Eashan Ghosh calculated accuracy of probabilistic predictions. Mr. Ghosh, phenomenal in his Intellectual Property Law expertise, is a fair man. ‘Ramiz Baba Challenge’ Rules ‘Ramiz […]
Read more "Gambling in Cricket I"“In T.P. Kunhaliumma, (1976) 4 SCC 634 this Court held that applications under Article 137 of The Limitation Act, 1963 is not confined to applications contemplated by or under Code of Civil Procedure. “The conclusion we reach is that Article 137 of The Limitation Act, 1963 will apply to any petition or application filed under […]
Read more "The Revival of Ray XXI"My Lord, Revision Petitions under Section 21(b) of The Consumer Protection Act, 1986 against State Commission Orders in Execution Proceedings? No. Revisional Jurisdiction of NCDRC under Section 21(b) is limited to Pending/Disposed Consumer Disputes before State Commissions. Execution Petitions cannot be Consumer Disputes. Consumer Disputes don’t encompass Execution Proceedings. Execution Proceedings are Independent Proceedings. State […]
Read more "[Revisional] Jurisdiction of NCDRC"My Lord, Courts should interpret the Constitution as it would have been understood by ordinary, reasonable citizens alive at the time the Constitution was enacted or Courts should interpret the Constitution as a living organism, one meant to evolve to suit the changing needs and values of contemporary society? A standing-room-only crowd of law students and […]
Read more "The Nature of Judicial Power: Hon’ble Justice Antonin G. Scalia"Sacred Games, Season 1 (2018, dir. Anurag Kashyap, Vikramaditya Motwane) was showcased by Netflix in June, 2018. Writ Petition (Civil) No. 7123 of 2018 was filed before Delhi High Court against Sacred Games soon after. One word used in Episode 4 [‘Brahmahatya‘] deserved correction. It remains unchanged. 09.04.2019 – Writ Petition (Civil) No. 7123 of […]
Read more "Sacred Games"My Lord, Supreme Court Quotations of Sherlock Holmes? One. “After all, an ordinary purchaser is not gifted with the powers of observation of a Sherlock Holmes.” [Parle Products, (1972) 1 SCC 618] My Lord, High Court Quotations of Sherlock Holmes? Some. “It would not require the penetrating intelligence of a Sherlock Holmes to realize in […]
Read more "Sherlock, Sherlock Holmes"My Lord, Recent Events? Hon’ble Justice Ranjan Gogoi quoted a Judgment authored under Chief Justiceship of Hon’ble Justice A.N. Ray; Hon’ble Justice K.M. Joseph quoted a Judgment authored by Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. _____ An issue has been raised by Learned Attorney General with regard to the manner in which […]
Read more "The Revival of Ray XX"“Something is rotten in the State of Denmark“, sensed Marcellus, said Shakespeare in Hamlet, and it can similarly be said, something is rotten in Allahabad High Court, said Hon’ble Judges Markandey Katju and Gyan Sudha Misra in Raja Khan v. U.P. Sunni Central Waqf Board, (2011) 1 SCC (LS) 359. The rot was, of course, […]
Read more "Then Mark, Denmark"Cases where the science involved is highly specialized and perhaps even esoteric, the central role of an expert cannot be disputed [Ramesh Chandra Agrawal v. Regency Hospital Limited, (2009) 9 SCC 709]. Be that as it may, it cannot be forgotten, opinion evidence is advisory in nature, and Courts are not bound by evidence of […]
Read more "Science for Everyone: Superimposition Technique"21 March 2006, 18:30 – 20:00 Satyendra Pratap Singh entered the swimming pool of Hotel Samudra, Kovalam. All of a sudden, Satyendra Pratap Singh became unconscious and sank into the pool. The victim was pulled out of the water and was taken to hospital. He died at 21:00 on the same day. ____ NCDRC has […]
Read more "Tort of Negligence"“Court is tasked with determining whether a death due to malaria occasioned by a mosquito bite in Mozambique, constituted a death due to accident. Debashis Bhattacharjee was working as a Manager of a Tea Factory at Cha-De-Magoma, District: Gurue, Province: Zambezia, Republic of Mozambique. In order to constitute an accident, the event must be in […]
Read more "Malaria in Mozambique"“This Court has laid down the test as to how the Court should decide the question as to whether a particular item is a part of other. The test is a thing is a part of the other if the other is incomplete without it. In other words, a thing is a part of the […]
Read more "The Revival of Ray XIX"My Lord, Hon’ble Justice A.P. Sen View, Paragraphs 86-87, Express Newspapers v. Union of India, (1986) 1 SCC 133 = Majority View? Yes. “We, consider it apposite to refer to The Guardians of The Poor of The West Derby Union v. The Guardians of The Poor of The Atcham, (1889) 24 QBD 117. The question […]
Read more "Ratio Decidendi I"Introduction to Cricket Sports not only gives physical or moral strength to a personality but spreads the message of goodwill and friendship. Cricket, it is said, is a synonym for gentlemanliness which means discipline, fair play, modest and high standard of morality. In our country, BCCI exercises sufficient control.Appellant Appellant participated in an IPL match […]
Read more "Shanthakumaran Sreesanth II / Revival of Ray XVIII"“It shall be essential, a party invoking Arbitration shall specify amount claimed and shall furnish a ‘deposit-at-call’ for 10% of amount claimed. In event of an award in favour, deposit shall be refunded to him in proportion to amount awarded w.r.t. amount claimed and balance, if any, shall be forfeited and paid to other party.” […]
Read more "Arbitrariness in Arbitration Clauses"This is not the first time that Shri Nedumpara has attempted to browbeat and insult Judges of this Court. He is in the habit of using intemperate language to achieve his ends before several Judges of the Bombay High Court. Contempt when committed in the face of the Court, Judges’ hands are not tied behind […]
Read more "Contempt Jurisdiction III"“The idea for this book took shape during a seminar course that I taught at NLSIU, Bengaluru in January, 2015 and NUJS, Kolkata in June, 2016. This book advances Justice Vivian Bose’s vision of the Constitution, a vision that understood both the historical monument of framing, and the Constitution itself, as fundamentally transformative. But it […]
Read more "The Transformative Constitution"
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