State of J&K v. Triloki Nath Khosa, (1974) 1 SCC 19 explained, a classification for the purpose of Article 14 based on any criteria (as the present minimum age criteria undoubtedly is), must be based on a distinct characteristic, having a rational nexus with the object of the norm, or the law. Similarly, Mohd. Shujat […]
Read more "The Revival of Ray LXVII"“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]
Read more "Be Kind Rewind, Strict Liability"A competent Legislature can always validate a law which has been declared by Courts to be invalid, provided the infirmities and vitiating factors noticed in the declaratory Judgment are removed or cured. Such a validating law can also be made retrospective. All that Legislature does is to usher in a valid law with retrospective effect […]
Read more "Retrospective Validating Statute"COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. To provide food security to impoverished persons is the bounden duty of all States and Governments. Those migrant workers who possess a ration card […]
Read more "Dialogic Jurisdiction II"Senior Advocate, Sanjoy Ghose argued for Captain Arvind Kumar Sharma, Captain K Sai Sashanka, Captain Jeetender Yadav, Captain Jitender Singh Randhawa, Captain Adish M. Chavan, Captain Reuben James, Captain B Sujimon, Captain Vishal V Chandorkar and Captain Vijay Kumar Dahiya before Hon’ble Justice Jyoti Singh of Hon’ble High Court of Delhi. The common thread was […]
Read more "Façade of ‘Commercial Decision’"“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]
Read more "Names in CBSE Certificates"Policy-making continues to be in sole domain of Executive. Judiciary does not possess authority or competence to assume role of Executive, which is democratically accountable for its actions and has access to resources which are instrumental to policy formulation. However, this ‘separation of powers’ does not result in Courts lacking jurisdiction in conducting a judicial […]
Read more "Dialogic Jurisdiction I"The theme of ‘gradual implementation’ of law or legal principles, was also spoken about in Javed v. State of Haryana, (2003) 8 SCC 369 which held, there is no constitutional imperative that a law or policy should be implemented all at once: “when the policies have far-reaching implications and are dynamic in nature, their implementation […]
Read more "Gradual Implementation"Courts must be open, both in physical and metaphorical sense. Citizens have a right to know about what transpires in course of proceedings. Public scrutiny is crucial to maintaining transparency and accountability. Cases before Courts are vital sources of public information about activities of Legislature and Executive. Freedom of speech and expression extends to reporting […]
Read more "The Nature of Judicial Power: Constitutional Ethos II"Time fleets, generations grow, society changes, values and needs also change by time. There can be no denial, law should change with changing time and changing needs of society. Famous words of Justice Oliver Wendell Holmes Jr. in Towne v. Eisner, 245 US 425 (1918): “Word is not a crystal, transparent and unchanged; it is […]
Read more "Precedential Certainty / The Revival of Ray LXVI"Constitution Bench in T.M.A. Pai Foundation, (2002) 8 SCC 481 has expounded, private unaided school management must have absolute autonomy to determine school fees. The consistent view has been restated and enunciated by Constitution Bench in Modern Dental College and Research Centre, (2016) 7 SCC 353 in Paragraph 75. Though fee can be fixed by […]
Read more "Permissible School Fees"K. Crenshaw has been credited for coining the term ‘intersectionality’. “Discrimination, like traffic through an intersection, may flow in one direction, and it may flow in another. If an accident happens in an intersection, it can be caused by cars traveling from any number of directions and, sometimes, from all of them. Similarly, if a […]
Read more "Intersectionality"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"
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