The Doctrine of Indirect Discrimination

High Courts in India as well as Supreme Court recognize Doctrine of Indirect Discrimination. Only by exercising close scrutiny and exhibiting attentiveness to the 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 […]

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Sham Transactions

A transaction which is sham or collusive would only create an illusion that money has been disbursed to a borrower with the object of receiving consideration… when in fact the parties have entered into the transaction with a different or an ulterior motive. In other words, the real agreement between the parties is something other […]

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Educational Qualifications in Promotion / The Revival of Ray LIX

The Constitution Bench in Jammu & Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 considered the question, whether persons drawn from different sources and integrated into one class can be classified on the basis of their Educational Qualifications for promotion. The Constitution Bench answered the question in the affirmative holding, providing for Graduates to […]

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Principles of Natural Justice VII / The Revival of Ray LVIII

The core issue: not to say, consultation should be open ended/indefinite or release all information; disclosure of certain information may violate the right to privacy of individuals/cause breach of national security/impinge on confidentiality; information may be abridged or even denied for larger public interest; there should be good grounds and justification to withhold information; boundaries […]

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Disciplinary Proceedings IV

It is true, strict rules of evidence are not applicable to departmental enquiry proceedings. The only requirement of law is, the allegation against the delinquent must be established by such evidence acting upon which a reasonable person acting reasonably and with objectivity may arrive at a finding upholding the gravity of the charge against the […]

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Value of Housework

The sheer amount of time and effort that is dedicated to household work by individuals, who are more likely to be women than men, is not surprising when one considers the plethora of activities a housemaker undertakes. The conception that housemakers do not ‘work’ or that they do not add economic value to the household […]

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Acceptor’s Condition

The short question is, whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor. The offer and acceptance of an offer must be absolute. It can give no room for doubt. The offer and acceptance must […]

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Suitability of Candidate I

Commissioner of Police, New Delhi v. Mehar Singh, (2013) 7 SCC 685 while considering a case of antecedents verification, for appointment into Delhi Police Service, observed, a candidate wishing to join the Police Force must be a person having impeccable character and integrity. In a case where candidates have been acquitted in a criminal case, […]

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Matters of Education

It is trite to say that often, a proposition of law as laid down in a case is as good as the facts of the case. We say so in view of the fact that matters of education must be left to educationists, of course subject to being governed by the relevant statutes and regulations. […]

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Compassionate Appointment II

“It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is […]

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Disciplinary Proceedings III

Pravin Kumar (‘Kumar’) joined the Central Industrial Security Force in January, 1995 as a Sub-Inspector. Eventually, he was deployed in the Crime and Intelligence Wing. As evidenced, Kumar was specifically entrusted with conducting surprise searches and taking strict action against anyone indulging in corruption. On 28.02.1999, Constable Ram Avtar Sharma (‘Sharma’) was commuting in a […]

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Disciplinary Proceedings II

Muthukumar is said to be the kingpin involved in this crime and is absconding. Ashoo appears to be a victim of Muthukumar’s plot. The standard of proof in a departmental proceeding, being based on preponderance of probability, is somewhat lower than the standard of proof in a criminal proceeding where the case has to be […]

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Consortium II

“Magma General Insurance Company Ltd., (2018) 18 SCC 130 explained the concept of ‘consortium’. United India Insurance Company Ltd. v. Satvinder Kaur, (2020) SCC Online 410 reaffirmed the view. Three-Judge Bench further laid down that, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards […]

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The Revival of Ray XLIX

When it comes to the penalty of blacklisting, the classic formulation of principles in regard to blacklisting have been laid down in Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70. “Equality of opportunity should apply to matters of public contracts. An ordinary individual can choose not to deal with […]

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The Revival of Ray XLIII

“State of U.P. v. Sri Shyam Lal Sharma, (1971) 2 SCC 514 laid down various propositions regarding the implication and effect of the orders of compulsory retirement in the following terms. “First, in ascertaining whether the order of compulsory retirement is one of punishment it has to be ascertained whether in the order of compulsory […]

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