The technological age has produced digital platforms – not like the railway platforms where trains were regulated on arrival and departure. These digital platforms can be imminently uncontrollable at times and carry their own challenges. One form of digital platforms are the intermediaries that claim to be providing a platform for exchange of ideas without […]
Read more "Facebook India"It is to be considered whether the word ‘shall’ used in Section 12 of The Disaster Management Act, 2005 is required to be interpreted and considered as ‘shall’ or ‘may’ and whether it is ‘mandatory’ or ‘directory/discretionary’. The word ‘shall’ is used twice. Cases are not wanting where the words ‘may’, ‘shall’ and ‘must’ are […]
Read more "May & Shall II"COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. To provide food security to impoverished persons is the bounden duty of all States and Governments. Those migrant workers who possess a ration card […]
Read more "Dialogic Jurisdiction II"Senior Advocate, Sanjoy Ghose argued for Captain Arvind Kumar Sharma, Captain K Sai Sashanka, Captain Jeetender Yadav, Captain Jitender Singh Randhawa, Captain Adish M. Chavan, Captain Reuben James, Captain B Sujimon, Captain Vishal V Chandorkar and Captain Vijay Kumar Dahiya before Hon’ble Justice Jyoti Singh of Hon’ble High Court of Delhi. The common thread was […]
Read more "Façade of ‘Commercial Decision’"Policy-making continues to be in sole domain of Executive. Judiciary does not possess authority or competence to assume the 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 […]
Read more "Dialogic Jurisdiction I"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 the remedy or procedure […]
Read more "Rule of Alternate Remedy"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"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 […]
Read more "The Doctrine of Indirect Discrimination"25.03.2020 – The Disaster Management Act, 2005 was invoked in India, for the first time, to tackle the COVID-19 pandemic that was then in its initial stages of spreading. LOCKDOWNS varied in scope and nature, depending on the situation on the ground. Disasters are testing times for institutions and individuals, processes and procedures, and policies […]
Read more "Examination of Disasters"Two-Judge Bench in ABL International Ltd. v. Export Credit Guarantee Corporation of India, (2004) 3 SCC 553 analyzed a long line of precedent [K.N. Guruswamy, AIR 1954 SC 592; Gujarat State Financial Corporation, (1983) 3 SCC 379; Gunwant Kaur, (1969) 3 SCC 769] to conclude, Writs under Article 226 are maintainable for asserting contractual rights […]
Read more "Writ Jurisdiction in Contractual Arena"We will first discuss the scope of interference by a High Court in exercise of its Writ Jurisdiction with respect to disciplinary proceedings. State of Andhra Pradesh v. Chitra Venkata Rao, (1975) 2 SCC 557 reiterated the principles of State of Andhra Pradesh v. S. Sree Rama Rao, AIR 1963 SC 1723. “An error of […]
Read more "Writ Jurisdiction of High Courts II / The Revival of Ray LV"It may be added, every case in which a citizen/person knocks at the doors of the Writ Court for breach of his or its fundamental rights is a matter which contains a Public Law element, as opposed to a case which is concerned only with breach of contract and damages flowing therefrom. Whenever a plea […]
Read more "Principles of Natural Justice V"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, […]
Read more "Suitability of Candidate I"“It is clear that ‘serious allegations of fraud’ arise only if either of the two tests laid down are satisfied, and not otherwise. The first test is satisfied only when it can be said that the Arbitration Clause or agreement itself cannot be said to exist in a clear case in which the Court finds […]
Read more "Arbitrability of Fraud"A. “West German Consul said, he had received information that, similar charges had been made against Hans Muller in Lebanon and in Egypt.” – Hans Muller of Nurenburg v. Superintendent, Presidency Jail, Calcutta, AIR 1955 SC 367. B. “On 15-9-1963, he left Delhi for Beirut under the name Donze Jean Claude, a French national. It […]
Read more "No Reservations, Lebanon"“We are reminded of the weighty observation of Justice V.R. Krishna Iyer in Pasupuleti Venkateswarlu v. The Motor & General Traders, (1975) 1 SCC 770. “We affirm the proposition that for making the right or remedy claimed by the party just and meaningful as also legally and factually in accord with the current realities, the […]
Read more "The Revival of Ray XLI"“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts [C.A. Rajendran, (1968) 1 SCR 721]. Similarly, the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they wish to exercise their discretion and make such […]
Read more "Reservation in Appointment/Promotion"Writ Jurisdiction of Supreme Court may be resorted to when available remedies are exhausted [U.P. State Spinning Co. Ltd., (2005) 8 SCC 264]. This is essentially a ‘rule of policy, convenience and discretion’; it’s not a ‘compulsion’ [Mohammad Nooh, AIR 1958 SC 86; Harbanslal Sahnia, (2003) 2 SCC 107]. Supreme Court in Shrimath Balasaheb Patil […]
Read more "Writ Jurisdiction of Supreme Court / The Revival of Ray XXXII"“I am glad that Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with the appointment of Judges to the 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 […]
Read more "Appointment of Justice"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"
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