Res Ipsa Loquitur I

The maxim ‘res ipsa loquitur’ is resorted to when an accident is shown to have occurred and cause of accident is primarily within knowledge of Defendant. The cause of accident being unknown does not prevent Plaintiff from recovering damages, if proper inference to be drawn from circumstances which are known is: it was caused by […]

Read more "Res Ipsa Loquitur I"

Promissory Estoppel VIII

State of Jharkhand v. Brahmputra Metallics Ltd., Ranchi, 2020 SCC OnLine SC 968 observed, Doctrine of Legitimate Expectation, a public law concept, is premised on principles of fairness and non-arbitrariness in State action. Doctrine of Legitimate Expectation emerges as a facet of Article 14. Promissory Estoppel, being a private law concept, can be invoked if […]

Read more "Promissory Estoppel VIII"

The Writ of Quo Warranto II

When a Writ of Quo Warranto will lie has been dealt with by this Court in Rajesh Awasthi v. Nand Lal Jaiswal, (2013) 1 SCC 501. Retd. Armed Forces Medical Association v. Union of India, (2006) 11 SCC 731 observed, strict rules of locus standi are relaxed to some extent in Quo Warranto proceedings. A […]

Read more "The Writ of Quo Warranto II"

Involuntary Resignation

My Lord, Was Resignation of Ms. X, on 15/07/2014, Voluntary? We are only examining, i) correctness of Order of Transfer, ii) rejection of ‘representations’ and iii) question as to whether ‘resignation’ could be construed to be voluntary or not. Ms. X tendered a ‘resignation’ on 15/07/2014, which was accepted by Government of Madhya Pradesh, Law […]

Read more "Involuntary Resignation"

Action Against Gross Disorder

Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, (2007) 3 SCC 184 delineated principles. These principles have been restated in Amarinder Singh v. Special Committee, Punjab Vidhan Sabha, (2010) 6 SCC 113. It is open to demonstrate, ‘action’ of Legislature is manifestly arbitrary. As expounded in Amarinder Singh, important consideration for scrutinizing exercise of legislative […]

Read more "Action Against Gross Disorder"

The Rules of The Game Principle V / The Revival of Ray LXXIX

Judgments cited on changing ‘rules of game midway’ referred to changes in selection criteria or procedure for selection. Those cases are distinguishable from case before us. _____ An examination can only reflect current competence of an individual but not gamut of their potential, capabilities or excellence, which are also shaped by lived experiences, subsequent training […]

Read more "The Rules of The Game Principle V / The Revival of Ray LXXIX"

Act of God

As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]

Read more "Act of God"

The Nature of Judicial Power: Pegasus

“If you want to keep a secret, you must also hide it from yourself.” ­- George Orwell, 1984. Orwellian concern. September, 2018 – Citizen Lab released software capabilities of a ‘spyware suite’ called Pegasus, produced by NSO Group. Historically, privacy rights have been ‘property centric’ rather than ‘people centric’. In 1604, in Semayne’s case, 77 […]

Read more "The Nature of Judicial Power: Pegasus"

Heard & Finally Decided

The meaning of the phrase “heard and finally decided” was considered in Krishan Lal v. State of J&K, (1994) 4 SCC 422 where it was held, matter must have been heard on merits to have been “heard and finally decided”. Erach Boman Khavar v. Tukaram Shridhar Bhat, (2013) 15 SCC 655 has held, res judicata […]

Read more "Heard & Finally Decided"

Facebook India

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"

May & Shall II

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"

Dialogic Jurisdiction 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"

Façade of ‘Commercial Decision’

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’"

Dialogic Jurisdiction I

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"

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 remedy or procedure for […]

Read more "Rule of Alternate Remedy"