Ratio Decidendi II

It is settled law, only the ratio decidendi is binding as a precedent. Thus, in B. Shama Rao v. Union Territory, Pondicherry, (1967) 2 SCR 650 the Majority Judgment of Shelat J, speaking for himself and other Two Learned Judges held: “It is trite to say that a decision is binding not because of its […]

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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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Sacred Cows of Shadowy Doubts

Sister Abhaya was found dead on 27.03.1992 and her body was recovered from a well. She was born on 26.02.1971. Varghese Chacko was a photographer, during 1992, in Kottayam Venus Studio. He took photographs of the dead body of Sister Abhaya, as per the instruction of Kottayam West Police. He noticed nail mark injuries on […]

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Timing of Votes

The disqualification under Section 8 of The Representation of People Act, 1951 is relatable to Article 191(1)(e). Therefore, any interpretation to Section 8 should be in sync with the constitutional scheme. Once the period of disqualification starts running, the seat, hitherto held by the person disqualified, becomes vacant by virtue of Article 190(3). His name […]

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The Revival of Ray LIV

Court should be over­ cautious to place reliance on a piece of evidence with which the concerned witness has not been confronted despite an opportunity to do so. As held by this Court in Sita Ram Bhau Patil v. Ramchandra Nago Patil, (1977) 2 SCC 49 an admission must not only be proved but also […]

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Suitability of Candidate

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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Day-Fraction

There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]

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Lord Buckmaster

“Diwan Bros. v. Central Bank of India, (1976) 3 SCC 800 referred to the well-known dictum of Lord Buckmaster in Barras v. Aberdeen Steam Trawling and Fishing Company, 1933 AC 402. “It has long been a well-established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning […]

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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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