The principle of a ‘public servant holding office at pleasure’ of a President or Governor is incorporated in Article 310. See, Roshan Lal Tandon v. Union of India, (1968) 1 SCR 185; Union of India v. Tulsiram Patel, (1985) 3 SCC 398; B.P. Singhal v. Union of India, (2010) 6 SCC 331. _____ We have […]
Read more "The Rules of The Game Principle VII"What looms before us is Lord Hale’s Ghost. Exception 2 to Section 375, IPC is referred to as Marital Rape Exception. MRE is bad in law as it violates Article 14. A ‘conjugal expectation’ to have sexual communion is not to be equated with an unfettered right to have sex without consent. J. Sai Deepak’s […]
Read more "Conjugal Expectation of Lord Hale’s Ghost"“Public Servants are like fish in water… none can say when and how a fish drank water.” It may be noted, maintenance of high standard of conduct and character of Judicial Officers has always been a matter of great concern for this Court [C. Ravichandran Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC 457; Sadhna […]
Read more "Purity of Character III"The Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (‘State Act’) was reserved for consideration of President of India and Presidential assent has been obtained. Recently, G. Mohan Rao v. State of Tamil Nadu, 2021 SCC OnLine SC 440 has observed, whole exercise of pointing out any repugnancy, after receiving assent of […]
Read more "The Doctrine of Separation of Powers II"Court in a series of decisions has reiterated, Courts should not rush in where even scientists and medical experts are careful to tread. We cannot evolve a judicial policy on medical issues. However, Court certainly must defend assertion of fundamental rights against Executive tyranny draped in disciplinary power [Pyarali K. Tejani v. Mahadeo Ramchandra Dange, […]
Read more "Dialogic Jurisdiction III / The Revival of Ray LXXXIV"The British School Society [TBSS] runs The British School, New Delhi [TBS]. ‘The British School’-mark has been adopted by Sanjay Gandhi Educational Society [SGES] in relation to identical services, i.e., educational services, for 4 schools. The domain name of TBS is http://www.british-school.org, registered in 1999. TBS also has social media presence on Facebook, Instagram, et […]
Read more "The British School, New Delhi"State Commission relied on principle of ‘res ipsa loquitur’ to affix liability for defect in an airbag system, having regard to nature of collision. National Commission affirmed this finding referring to certain photographs, which showed substantial frontal damage. We do not find any reason to interfere. We are dealing with a case where in a […]
Read more "Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II"Bhagwati, CJ in Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288 observed, a complaint being initiated by reason of political vendetta is not in itself a ground for quashing criminal proceedings. It is well-established, a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala […]
Read more "Political Vendetta"Anil Kumar Upadhyay was serving as a Head Constable (Ministerial) in 15th Battalion of Sashastra Seema Bal, Bongaigaon. He was charged under Section 43 of The Shashastra Seema Bal Act, 2007 for entering Mahila Barrack at around 00:15 AM on intervening night of 14th-15th April, 2013. He was imposed punishment of ‘removal from service’. His […]
Read more "Disciplinary Proceedings VIII"M. Duraisamy was serving as a Postal Assistant. He committed fraud and admitted so. M. Duraisamy deposited entire defrauded amount. He was imposed penalty of ‘removal’. Central Administrative Tribunal modified punishment from ‘removal’ to ‘compulsory retirement’. Chairman & Managing Director, V.S.P. v. Goparaju Sri Prabhakara Hari Babu, (2008) 5 SCC 569 observed, once all procedural […]
Read more "Disciplinary Proceedings VII"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"The distinction between a disturbance to ‘law and order’ and a disturbance to ‘public order’ has been clearly settled by a Constitution Bench in Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740. Court has held, every ‘disorder’ does not meet threshold of a disturbance to ‘public order’, unless it affects community at […]
Read more "Preventive Detention Statute III"“Basic Structure Doctrine is applicable in Kenya” had only Lady Justice, Fatuma Sichale’s Dissent. My Lord, Independent Electoral and Boundaries Commission v. David Ndii, Petition No. 12 of 2021 before Supreme Court of Kenya at Nairobi? 6-1, Friend. Lady Justice, P.M. Mwilu, Deputy Chief Justice & Vice-President of Supreme Court of Kenya: If there were […]
Read more "The Doctrine of Basic Structure III"While right to property is no longer a fundamental right [The Constitution (Forty Fourth Amendment) Act, 1978], right against deprivation of property, unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A. Nobody can be deprived of liberty or property without due process or authorization of law. The […]
Read more "Right to Property I"A party should not be penalized for failing to adopt legal proceedings when facts or documents have been wilfully concealed from him. A party who had acted fraudulently should not be given benefit of limitation, running in its favor, by virtue of such frauds [Pallav Sheth v. Custodian, (2001) 7 SCC 549]. Section 17 of […]
Read more "Referred to Larger Bench XXVII: The Drastic Power of Rejecting a Plaint IV"Union of India v. Avtar Singh, (1984) 3 SCC 589 held, a letter does not record a decision of Central Government under Section 33 of The Displaced Persons (Compensation and Rehabilitation) Act, 1954 so as to be a decision by Central Government. State of Orissa v. Mesco Steels Limited, (2013) 4 SCC 340 held, High […]
Read more "Non-Communicated File Notings II"Phrases – such as: ‘question of law’ – are open textual expressions, used in statutes to convey a certain meaning which Legislature would not have intended to be read in a pedantic manner. When words allow narrow as well as wide interpretations, Courts have developed art and technique of finding correct meanings by looking at […]
Read more "Question of Law"Predominantly, Indian Judiciary has time and again reiterated, ‘forum shopping’ take several hues and shades but concept of ‘forum shopping’ has not been rendered an exclusive definition in any Indian statute. Indian Judiciary’s observation and obiter dicta has aided in streamlining concept of ‘forum shopping’ in Indian legal system. Court has condemned practice of ‘forum […]
Read more "Forum Shopping II"The expression ‘offence’ in Section 19 of The Protection of Children from Sexual Offences Act, 2012 would include all ‘offences’ under The Protection of Children from Sexual Offences Act, 2012 including ‘offence’ under Section 23. In our society, victims of ‘sexual offence’ are, more often than not, treated as an ‘abettor’, if not ‘perpetrator’, even […]
Read more "Referred to Larger Bench XXVI: Offence"As to what is ratio decidendi has been succinctly explained by this Court in Regional Manager v. Pawan Kumar Dubey, (1976) 3 SCC 334. “Indeed, we do not think, principles of law declared and applied so often have really changed. But, application of same law to differing circumstances and facts of various cases, which have […]
Read more "Ratio Decidendi III / The Revival of Ray LXXXIII"
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