In the present case, we are concerned with Article 224A. Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128 observed, if a person appointed under Article 224A was not considered to be a Judge of the High Court for the purpose of jurisdiction, powers and privileges, the question of appointing such a person would […]
Read more "An Alive Article 224A / The Revival of Ray LXV"Tata Cellular v. Union of India, (1994) 6 SCC 651, Paragraph 94 states, “Normally speaking, the decision to accept the tender or award the contract is reached by process of negotiations through several tiers. More often than not, such decisions are made qualitatively by experts.” Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) […]
Read more "Tender Law V"This Court in Madhusudan Gordhandas v. Madhu Woollen Industries Pvt. Ltd., (1971) 3 SCC 632 observed: If the debt is bona fide disputed and the defence is a substantial one, Court will not wind-up the Company [London and Paris Banking Corporation, (1874) LR 19 Eq 444; Brighton Club and Horfold Hotel Co. Ltd., (1865) 35 […]
Read more "Disputed Company Debt / The Revival of Ray LXIV"In Lau v. Chu, [2020] 1 WLR 4656 House of Lords indicated, “just and equitable winding up may be ordered where the Company’s members have fallen out in two related but distinct situations, which may or may not overlap.” The first of these is labelled as “functional dead lock” of a paralyzing kind, clearly recognized […]
Read more "Functional Dead Lock"High Courts in India as well as Supreme Court recognize Doctrine of Indirect Discrimination. Only by exercising close scrutiny and exhibiting attentiveness to possibility of alternatives can a Court ensure, full potential of Doctrine of Indirect Discrimination is realized and not lost in its application. _____ In a case of direct discrimination, judicial enquiry is […]
Read more "The Doctrine of Indirect Discrimination"Court will not debate academic matters or concern itself with intricacies of trade and commerce. Legislature should be allowed some play in the joints, because it has to deal with complex problems which do not admit of solution through any doctrinaire or straitjacket formula and this is particularly true in case of legislation dealing with […]
Read more "Unchartered Ocean of Policy Decision II"The conditions that are required to be fulfilled for invoking the provisions of Section 14 of The Limitation Act, 1963 have been succinctly spelt out in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department, (2008) 7 SCC 169 . The question as to whether Section 14 would also be applicable to Quasi-Judicial Forums as against […]
Read more "Quasi-Judicial II / The Plea of Limitation XV: Causes of Justice II"Over the last five decades, several decisions have dealt with the fundamental issue of when the process of an examination can stand vitiated. Essentially, the answer to the issue turns upon whether the irregularities in the process have taken place at a systemic level so as to vitiate the sanctity of the process. There are […]
Read more "The Revival of Ray LXIII"A reading [State of Assam v. Ranga Mahammad, (1967) 1 SCR 454; Jagdish Chander Gupta v. Kajaria Traders (India) Ltd., (1964) 8 SCR 50; Rajasthan State Electricity Board v. Mohan Lal, (1967) 3 SCR 377; CBI v. Braj Bhushan Prasad, (2001) 9 SCC 432; Godfrey Phillips India Ltd. v. State of U.P., (2005) 2 SCC […]
Read more "Civil Sheep & Criminal Wolf"“In every case where a statute inflicts a penalty for doing an act, though the act be not prohibited, yet the thing is unlawful, because it is not intended that a statute would inflict a penalty for a lawful act. It is a question of construction in each case whether the Legislature intended to prohibit […]
Read more "The Revival of Ray LXI"25.03.2020 – The Disaster Management Act, 2005 was invoked in India, for the first time, to tackle the COVID-19 pandemic that was then in its initial stages of spreading. LOCKDOWNS varied in scope and nature, depending on the situation on the ground. Disasters are testing times for institutions and individuals, processes and procedures, and policies […]
Read more "Examination of Disasters"The provisions of Section 89 of The Code of Civil Procedure, 1908 must be understood in the backdrop of longstanding proliferation of litigation in Civil Courts, which has placed undue burden on the judicial system, forcing speedy justice to become a casualty. The purpose, being sacrosanct and imperative for effecting timely justice in Indian Courts, […]
Read more "Section 89 of The Code of Civil Procedure, 1908"We may refer to Division Bench Judgment of Nagpur High Court reported in Bipin Singh Choudhary, AIR 1945 Nagpur, Oudh, Peshawar & Sind 104 where Division Bench consisted of Justice Vivian Bose. The ratio is, in event people holding public office abuse their position, it becomes a matter of great public concern. We fully endorse […]
Read more "Compensatory Jurisprudence of Constitutional Courts XI : Custodial Violence I"State of Gujarat v. Shri Ambica Mills Ltd., (1974) 4 SCC 656 has laid down certain principles relating to under-inclusive and over-inclusive classification. This is, no doubt, apart from holding, a law which contravenes fundamental rights of citizens may continue to be valid as regards non-citizens [See, Bennett Coleman v. Union of India, (1972) 2 SCC 788]. […]
Read more "The Revival of Ray LX"A person does not commit contempt if, during the pendency of certain proceedings, he takes recourse to other judicial proceedings open to him, even though the latter proceedings put the other party at a loss [Pratap Singh v. Gurbaksh Singh, 1962 SCR Supp. (2) 838; Radhey Lal v. Niranjan Nath, (2004) 5 SCC 119; Mehar […]
Read more "Contempt Jurisdiction VII"The Constitution Bench in Jammu & Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 considered the question, whether persons drawn from different sources and integrated into one class can be classified on the basis of their Educational Qualifications for promotion. The Constitution Bench answered the question in the affirmative holding, providing for Graduates to […]
Read more "Educational Qualifications in Promotion I / The Revival of Ray LIX"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 Majority Judgment of Shelat J, speaking for himself and other Two Learned Judges held: “It is trite to say, a decision is binding not because of its conclusion but […]
Read more "Ratio Decidendi II"It is well settled, an Arbitration Agreement is distinct and separate; independent from the substantive commercial contract in which it is embedded. Autonomy of Arbitration Agreement is based on twin concepts of separability and kompetenz – kompetenz; which, though inter-related, are distinct. Doctrine of Separability of Arbitration Agreement connotes, invalidity, ineffectiveness or termination of the […]
Read more "Referred to Larger Bench XXV: Doctrine of Separability of Arbitration Agreement"Arbitral Process is strictly conditioned upon time limitation. This Court in P. Radha Bai v. P. Ashok Kumar, (2019) 13 SCC 445 observed: “Section 34(3) reflects the principle of unbreakability. According to this ‘unbreakability’ of time-limit and true to the ‘certainty and expediency’ of the Arbitral Awards, any grounds for setting aside the Award that […]
Read more "Section 34(3) of The Arbitration Act II"The core issue: not to say, consultation should be open ended/indefinite or Govt. must release all information; disclosure of certain information may violate 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; […]
Read more "Principles of Natural Justice VII / The Revival of Ray LVIII"
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