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"7-Judge Bench of this Court in Samsher Singh v. State of Punjab, (1974) 2 SCC 831 has held: “The authority may, in some cases, be of view, conduct of probationer may result in dismissal or removal on an inquiry. But in those cases, authority may not hold an inquiry and may simply discharge probationer with […]
Read more "The Revival of Ray LXXXII"A person who seeks refuge under umbrella of Article 25 has to demonstrate not only ‘essential religious practice’ but also its engagement with constitutional values. There is absolutely no material placed on record to prima facie show wearing of Hijab is a part of an ‘essential religious practice’ in Islam. It is not so, if […]
Read more "Hijab I"Whether, and if so where, an employee should be posted are matters which are governed by exigencies of service; an employee has no fundamental right or a vested right to claim a transfer or posting of their choice; individual convenience of persons who are employed in service is subject to overarching needs of administration. Court […]
Read more "Proportionality in Culture of Justification II"Court has noticed a rising trend of cases where parties have attempted to take ‘another bite at the cherry’ by initiating proceedings over various forums, particularly to circumvent jurisdiction of this Court. A purportedly ancillary remedy is urged in another forum as a dilatory tactic or as an attempt at ‘forum shopping’. One of us […]
Read more "Forum Shopping I"Court notices, medical practitioners have a quasi-fiduciary relationship with their patients. A doctor’s prescription is considered final, even if cost of such medication is unaffordable or barely within economic reach – such is level of trust reposed. Therefore, it is a matter of great public importance and concern, when it is demonstrated, a doctor’s prescription […]
Read more "Freebies"Orchestra Bars are required to secure premises and performance licenses. Court is no stranger to controversies relating to prohibition and restriction in participation of women from performances in establishments in Maharashtra: State of Maharashtra v. Indian Hotel and Restaurant Association, (2013) 8 SCC 519 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2015) […]
Read more "Morality of Orchestra Bars"By a Notification dated 03/12/2011, Staff Selection Commission invited applications for recruitment of Constables (GD) in Central Armed Police Forces (CAPFs) such as ITBP, BSF, CISF, CRPF and SSB and of Rifleman (GD) in Assam Rifles. My Lord, Candidates who have indicated preference to a Particular Service can be kept out of consideration for appointment […]
Read more "The Rules of The Game Principle VI / Recruitment of Constable, Rifleman"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"Three-Judge Bench in Posts and Telegraphs Board v. C.S.N. Murthy, (1992) 2 SCC 317, after Baikuntha Nath v. Chief District Medical Officer, Baripada, (1992) 2 SCC 299, held, Courts would not interfere with exercise of power of compulsory retirement if arrived bona fide-ly and on basis of material available on record. Three-Judge Bench in Union […]
Read more "Compulsory Retirement II"Where a statute is adjudged to be unconstitutional, it is as if it had never been. Rights cannot be built up under it; contracts which depend upon it for their consideration are void; it constitutes a protection to no one who has acted under it and no one can be punished for having refused obedience […]
Read more "The Doctrine of Prospective Overruling I"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"
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