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"Sister Abhaya was found dead on 27.03.1992 and her body was recovered from a well. She was born on 26.02.1971. Varghese Chacko was a photographer, during 1992, in Kottayam Venus Studio. He took photographs of Sister Abhaya’s dead body, as per instruction of Kottayam West Police. He noticed nail mark injuries on either side of […]
Read more "Sacred Cows of Shadowy Doubts"I am of opinion, views expressed by Rajasthan High Court, Gujarat High Court, Bombay High Court and Uttarakhand High Court, termed as ‘first view’, is correct and not views expressed by Allahabad and Madhya Pradesh, called as ‘second view’. [Hon’ble Justice S. Ravindra Bhat] Finally, we must say, steps indicated by High Court of Gujarat […]
Read more "Vertical and Horizontal Reservation"The disqualification under Section 8 of The Representation of the People Act, 1951 is relatable to Article 191(1)(e). Therefore, any interpretation to Section 8 should be in sync with the constitutional scheme. Once the period of disqualification starts running, the seat, hitherto held by the person disqualified, becomes vacant by virtue of Article 190(3). His […]
Read more "Timing of Votes"Amish Devgan hosts ‘Aar Paar’ on News18 India and ‘Takkar’ on CNBC Awaaz. It remains difficult in law to draw the outmost bounds of freedom of speech and expression, the limit beyond which the right would fall foul and can be subordinated to other democratic values and public law considerations, so as to constitute a […]
Read more "Hate Speech / The Revival of Ray LVI"The Shashoua Principle has been followed repeatedly in a series of decisions [See, BGS SGS Soma JV v. National Hydro Electric Power Corporation Ltd., 2020 (4) SCC 234]. Court, in facts of this case, is of opinion, it is inessential to explain or notice difference between ‘venue’ and ‘seat’. – Hon’ble Justice S. Ravindra Bhat, […]
Read more "Venue v. Seat, Arbitration"Tej Prakash Pathak, (2013) 4 SCC 540 doubted K. Manjusree, (2008) 3 SCC 512. If covered by K. Manjusree, in keeping with Tej Prakash Pathak [Salam Samarjeet Singh, (2016) 10 SCC 484 and Sivanandan C.T., (2018) 1 SCC 239], instant matter must either be Referred to a Larger Bench or must await decision of a […]
Read more "Referred to Larger Bench I Mentioned: The Rules of The Game Principle"It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem… it affects some High Courts far more than others.” Imtiyaz Ahmed v. […]
Read more "The Persistent Illusion of Judge-Strength"Constitution Benches are constituted to resolve a constitutional issue, harmonize conflicting views and settle law. Constitution Bench decisions might only be reconsidered by a Constitution Bench of a Larger Strength and that too in exceptional and compelling circumstances. Bench of Lesser Strength cannot revisit a proposition laid down by at least Three Constitution Benches. Raj […]
Read more "Judicial – Bench Strength – Decorum II"Court should be over cautious to place reliance on a piece of evidence with which the concerned witness has not been confronted despite an opportunity to do so. As held by this Court in Sita Ram Bhau Patil v. Ramchandra Nago Patil, (1977) 2 SCC 49 an admission must not only be proved but also […]
Read more "The Revival of Ray LIV"There is a body of case law which clarifies, sans a statutory duty, a positive direction to do something, in a specific manner, cannot be given. It must be shown, there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance. – […]
Read more "The Nature of Judicial Power: Hon’ble Justice S. Ravindra Bhat"It may be added, every case in which a citizen/person knocks at the doors of the Writ Court for breach of his or its fundamental rights is a matter which contains a Public Law element, as opposed to a case which is concerned only with breach of contract and damages flowing therefrom. Whenever a plea […]
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