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 Nature of Judicial Power: Short Tenure of Supreme Court Judges

The importance of statistical data, in interpreting careers, is often highlighted. It hides as much as it reveals. It’s not without reason Wilfred Rhodes had a Test career which lasted more than 30 years! We aren’t discussing sports, though. Hon’ble Justice P.N. Bhagwati still holds the record for the longest tenure [4905 days; DoA, 17.07.1973 […]

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The Tenth Schedule

E.P. Royappa, (1974) 4 SCC 3 is clear that the burden of establishing mala fides is very heavily on the person who alleges it. Courts should not uphold a plea of mala fides on the basis of mere probabilities. _____ It is said, a Judge must not alter the material of which the Act is […]

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The Revival of Ray XLVIII

We may recall the Constitution Bench Judgment of this Court in Additional District Magistrate, Jabalpur v. Shivakant Shukla, (1976) 2 SCC 521 where Majority of the Judges had taken the view that after proclamation of Emergency under Article 352, no proceedings can be initiated for enforcement of right under Article 21. Justice A.N. Ray, C.J., […]

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The Revival of Ray XLIV

CJI Ray was years away from retirement when declaring Ahmedabad St. Xavier’s College Society, (1974) 1 SCC 717. Recently, Hon’ble Justice Arun Mishra in Christian Medical College Vellore Association v. Union of India, [Transferred Case (Civil) No. 98 of 2012] quoted CJI Ray’s Judgment.  “The entire controversy centers round the extent of the right of the […]

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Contempt Jurisdiction IV

“We fail to understand how Vijay Kurle can urge that the source of information should be disclosed. His complaint is addressed amongst all others to Judges of this Court which obviously includes the Two Judges who are members of the Bench. There can be no manner of doubt that every citizen is entitled to criticize […]

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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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The Revival of Ray XLII

Ramjit Singh Kardam v. Sanjeev Kumar, [Civil Appeal No. 2103 of 2020] referred to Ratnagiri Gas and Power Pvt. Ltd., (2013) 1 SCC 524 to understand that, the law casts a heavy burden on the person alleging mala fides. Ratnagiri Gas and Power Pvt. Ltd. had referred to Ajit Kumar Nag, (2005) 7 SCC 764 […]

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Article No. 800: The Revival of Ray XL / Disjunctive, Conjunctive II

“Reliance has been placed on Sri Nasiruddin v. State Transport Appellate Tribunal, (1975)  2 SCC 671. The word ‘or’ was given grammatical meaning. It was held that the word ‘or’ cannot be read as ‘and’. They should be considered in an ordinary sense. If two different interpretations are possible, the Court will adopt that which […]

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My Precious Bitcoin

  My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with […]

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Per Incuriam III

Five Judges in Dr. Shah Faesal v. Union of India, [Writ Petition (Civil) No. 1099 of 2019] have decided the following. “The rule of per incuriam means a Judgment passed in ignorance of a relevant statute or any other binding authority [See, Young v. Bristol Aeroplane Co. Ltd., 1944 KB 718 (CA)]. The view that […]

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Monstrosity of Winnability

“When criminality enters into the grass-root level as well as at the higher levels there is a feeling that ‘monstrosity’ is likely to wither away the multitude and eventually usher in a dreadful fear that would rule supreme creating an incurable chasm in the spine of the whole citizenry” [Hon’ble Justice Dipak Misra, 05.02.2015]. In […]

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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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123 Netaji 123

Supreme Court of India understands, Mahatma Gandhi > Bharat Ratna. Once upon a time, specifically on 23.01.1992, a press communique was issued from Rashtrapati Bhawan, New Delhi to the following effect: “The President is pleased to confer the award of Bharat Ratna posthumously on Shri Subhash Chandra Bose.” It was contended before SC that, when […]

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The Revival of Ray XXXVIII

My Lord, Judges in Md. Serajuddin, (1975) 2 SCC 47? Five. Hon’ble Judges H.R. Khanna, K.K. Mathew, M. Hameedullah Beg, Y.V. Chandrachud. Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. “A Constitution Bench of this Court in Md. Serajuddin, (1975) 2 SCC 47 has held that expression ‘in the course’ implies not only a period […]

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The Revival of Ray XXXVII

It is not our forte to answer whether it is better to be free than secure or be secure rather than free. However, we are here only to ensure that citizens are provided all the rights and liberty to the highest extent in a given situation while ensuring security at the same time. There is […]

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