Rule of Alternate Remedy

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 […]

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Tender Law V

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) […]

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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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Examination of Disasters

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 […]

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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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Arbitrability of Fraud

“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 […]

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No Reservations, Lebanon

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 […]

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The Revival of Ray XLI

“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 […]

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Reservation in Appointment/Promotion

“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 […]

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Writ Jurisdiction of Supreme Court / The Revival of Ray XXXII

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 […]

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Hard Cases Make Bad Law

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 […]

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Writ Jurisdiction of High Courts I

“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 […]

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Sacred Games

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 […]

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The Writ of Quo Warranto

“A Writ of Quo Warranto cannot be issued on the basis of assumptions, inferences or suspicion regarding the factum of fulfillment of eligibility criteria. Being an extraordinary power, ordinarily such a Writ ought to be issued only on the basis of indisputable facts leading to a singular conclusion that the incumbent was in fact or […]

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