I express my inability to agree with Justice Ajay Rastogi. The status of a person whether he belongs to SC or ST category depends on caste which he belongs to by birth, and such status would remain unchanged and would be static. The status of a person whether he belongs to OBC-NCL/MBC-NCL/EWS would depend upon […]
Read more "Referred to Larger Bench XXXV (Answered): Dynamic Status"If a passenger opts for the green channel of entry, it implies, it has no goods liable to duty. However, if still found with goods subject to levy of duty, the passenger becomes liable to confiscatory and penal action. If a non-declaration under Section 77 of The Customs Act, 1962 would automatically bar benefit of […]
Read more "Referred to Larger Bench XXXIV: Green Channel of Entry"At around 04:50 AM on 02.06.2019, vehicles passing through Harsh Cheena were being checked. 2 boys, travelling on a motorcycle without a number plate, on being asked to stop, fled away. A blue coloured bag fell down. 2 hand grenades were recovered. By virtue of Section 43D of The Unlawful Activities (Prevention) Act, 1967 […]
Read more "Default Bail IV"Neeti Malviya, T.P. (C) No. 899 of 2007 was rendered infructuous. _____ My Lord, Court can grant divorce in exercise of power under Article 142(1), in spite of opposition, when there is complete and irretrievable breakdown of marriage? Yes. There is a difference between existence of a power and exercising same. Court should not philosophise […]
Read more "Irretrievable Breakdown of Marriage III"Hasanbhai Valibhai Qureshi v. State of Gujarat, (2004) 5 SCC 347 observed, mere fact of further delay in concluding trial should not stand in way of ‘further investigation’ if it would help Court do real and substantial and effective justice. Rama Chaudhary v. State of Bihar, (2009) 6 SCC 346 held, ‘further investigation’ is continuation […]
Read more "Further Investigation"Intercontinental Hotels Group (India) Private Ltd. v. Waterline Hotels Pvt. Ltd., 2022 SCC OnLine SC 83 on issue of insufficiently/incorrectly stamped documents, proceeded to appoint an Arbitrator under Section 11(6) of The Arbitration and Conciliation Act, 1996 – considering, time-sensitivity. A sufferance of stamp deficiency is a curable defect. Arbitration Act does not specifically […]
Read more "Referred to Larger Bench XXV Answered: Doctrine of Separability of Arbitration Agreement"Vikas Chaudhary, when merely 18-19, kidnapped for ransom and killed. His grievance is with imposition of a fixed term sentence, without remission, by Trial Court. He is currently about 37-38. Learned Senior Counsel, Ms. Meenakshi Arora placed strong emphasis on Union of India v. Sriharan, (2016) 7 SCC 1 which categorically held, it was outside […]
Read more "Fixed Term Sentences II"A wide variety of rival submissions have been presented before us on whether Consumer Fora had been justified in awarding and approving ‘compound interest’. An attempt to seek ‘compound interest’ in such real estate dealings did not meet with approval of this Court and in Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna, (2021) 3 […]
Read more "Compound Interest"Rights are not absolute in a constitutional democracy. The sealed cover practice places processes by which a decision is arrived at, beyond scrutiny [Commander Amit Kumar Sharma v. Union of India, (2022) SCC OnLine SC 1570]. This case presents Court with an opportunity. State must satisfy Court, national security concerns are involved. A claim cannot […]
Read more "Principles of Natural Justice IX"Court expressed in Shaheen Welfare Association v. Union of India, (2009) 2 SCC 281 when stringent provisions are enacted, curtailing provisions of bail and restricting judicial discretion, investigation and trials would be concluded swiftly. Satender Kumar Antil v. Central Bureau of Investigation (2022) 10 SCC 51 considered correct approach towards bail, with respect to several […]
Read more "Section 37 of The NDPS Act III"RBI has been issuing ‘Master Directions’ on diverse issues since 2016. Every proceeding which involves civil consequences or adversely affects a citizen should be in accordance with Principles of Natural Justice. Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 held, since blacklisting affects privileges of a blacklisted person, fundamentals […]
Read more "Principles of Natural Justice VIII / The Revival of Ray XCI"This is an application under Section 9(2) of The Juvenile Justice (Care and Protection of Children) Act, 2015. As regards maintainability, Vinod Katara v. State of Uttar Pradesh, 2022 SCC OnLine SC 1204 explained rationale for raising belated claim of juvenility. It has crossed our mind, whether a boy of 12 years could commit […]
Read more "Claim of Juvenility V / Review of Death Penalty XXXV"To remember, it is an error to follow US Supreme Court decisions without adverting to differences of position in India. View taken by this Court in State of Kerala v. Raneef, (2011) 1 SCC 784; Arup Bhuyan v. Union of India, (2011) 3 SCC 377; Sri Indra Das v. State of Assam, (2011) 3 SCC […]
Read more "The Doctrine of Chilling Effect"Anvar, (2014) 10 SCC 472 as clarified in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 is law declared on Section 65B of The Indian Evidence Act, 1872. We deem it appropriate to eschew electronic evidence. It is clear, there is no reason to doubt guilt. Even though Sundar has committed a ghastly crime, there is possibility of […]
Read more "Review of Death Penalty XXXIV"Rainbow Papers Limited sought loans from Tourism Finance Corporation of India Limited and issued post-dated cheques which stood dishonoured. Criminal Complaint was filed before Chief Metropolitan Magistrate, Saket Courts, New Delhi. Neeraj Paper Agencies Limited requested initiation of Corporate Insolvency Resolution Process against Rainbow Papers Limited. The scope of nature of proceedings are quite different. […]
Read more "SC Resolves Conflict Between NI Act & IBC"It was permissible for Registered Medical Practitioner-S. Athilakshmi to practice medicine when not performing her duty as an Associate Professor and Head of Dermatology Department in Government Omandurar Medical College, Chennai. Drugs Inspector sought to prosecute S. Athilakshmi under Section 18(c) of The Drugs and Cosmetics Act, 1940. S. Athilakshmi had not ‘stocked’ medicines for […]
Read more "Drugs & Cosmetics"Campus Activewear Limited’s press for relief can only be decided on claim of passing off. On a comparison, it is undeniable, there are structural and phonetic similarities between ‘CAMPUS’ and ‘CAMPS’. Rama Shankar Garg, sole proprietor of M/s. Baba Footwear, is the registered owner of the mark ‘CAMPS’. ‘CAMPS’ was accorded registration as early as […]
Read more "Rip Van Winkle Policy"‘College Romance’, Season 01, Episode 05 titled ‘Happily F****d Up’ [*5:24 to 6:40 and 25:28 to 25:46*] was published and broadcasted on YouTube on 06.09.2018. Court found excessive use of ‘swear words’, ‘profane language’ and ‘vulgar expletives’. The words used cannot even be reproduced here. Depiction does not connote filming alone but conveying by a […]
Read more "Run, D.K. Bose"Division Bench of High Court of Madhya Pradesh affirmed Death Sentence awarded by Trial Court. We do not find any reason to doubt correctness of birth certificate. Appellant is held to be less than 16 years and, therefore, maximum punishment could be upto 3 years. His incarceration beyond 3 years would be illegal and, therefore, […]
Read more "Review of Death Penalty XXXIII"My Lord, Political Question? No. Justice Y.V. Chandrachud, as Lordship then was, speaking in Indira Nehru Gandhi v. Raj Narain (1975) Suppl. SCC 1 held, “principle of separation of powers is not a magic formula.” Irrespective of consequences, an honest person would, ordinarily, unrelentingly take on high and mighty and persevere in righteous path. Appointment […]
Read more "Magic Formula"
The Last Word 
You must be logged in to post a comment.