Referred to Larger Bench XL: Minister’s Spouse

We reiterate, suspicion, however strong, cannot take place of evidence. – Hon’ble Justice Ahsanuddin Amanullah, P. Nallammal v. State, [Criminal Appeal No. 2489 of 2025]. Our disagreement is on culpability of P. Nallammal, Wife of since deceased A.M Paramasivam. There is no doubt, mere registration of ‘disproportionate assets’ in name of a Public Servant’s Relative […]

Judges & Politicians & Social Media

Were this an ordinary civil suit, we could have possibly applied ‘preponderance of probabilities’ which may have resulted in some leeway and latitude in favour of D. Kumar (Election Petitioner) and against A. Raja. However, as per J. Chandrasekhara Rao v. V. Jagapathi Rao, 1993 Supp (2) SCC 229 and M. Chandra v. M. Thangamuthu, […]

Mini Trial

R.P. Kapur v. State of Punjab, 1960 SCC OnLine SC 21 enumerated category of cases where inherent powers may be invoked to quash a criminal proceeding. But, “High Court would not embark upon an enquiry as to whether evidence in question is reliable or not. Ordinarily it would not be open to any party to […]

The Najakat Conflict

Although in Paragraph 45 of State of Maharashtra v. Najakat Alia Mubarak Ali, (2001) 6 SCC 311 view of Hon’ble K.T. Thomas J did have concurrence of Hon’ble S.N. Phukan J, bare reading of view expressed in Paragraph 44 accords with dissenting view of Hon’ble R.P. Sethi J. We attempted a reconciliation of conflicting views. […]

Disciplinary Proceedings XI

In a battle between a mighty lion and a weak lamb, should Courts put those weak to sword for not having demonstrated ‘prejudice’ when a brazen violation of law declared by a Constitution Bench is brought to its notice? Why should those mighty not be made answerable as to why an enquiry report has not […]

Compensatory Jurisprudence of Constitutional Courts XIV

Constitution Bench of this Court in Union of India v. H.C. Goel, AIR 1964 SC 364, pointed out, in carrying out purpose of rooting out corruption, mere suspicion should not be allowed to take place of proof even in domestic enquiries. That scrupulous care should be taken to see innocent are not punished, applies as […]

Ordinary Man

We observe a tendency on part of Members of Bar to rely upon a large number of decisions, whether relevant or irrelevant. Multiple decisions are cited on same proposition of law. This makes hearing time-consuming. Courts permit written submissions. Very long written submissions come on record. A high monetary stake should not result in unnecessarily […]

The Doctrine of Prospective Overruling III

Manoj Parihar v. State of Jammu and Kashmir, (2022) 14 SCC 72 opined, Doctrine of Prospective Overruling must be exercised in explicit terms and therefore, law declared by this Court would have a retrospective effect unless stated otherwise. It would not be an absolute rule, prospective overruling or prospective operation of a decision must be […]

The Drastic Power of Rejecting a Plaint VIII

Section 15(2) of the Copyright Act, 1957 clarifies, copyright protection in any ‘design’, which is capable of being registered under The Designs Act, 2000 but is not registered, would terminate once such ‘design’ is applied to any article and reproduced in excess of 50 times by an industrial process either by owner or a licensee. […]

Language of Courts II

“When you learn a language, you don’t just learn to speak and write a new language. You also learn to be open-minded, liberal, tolerant, kind and considerate towards all mankind.” Before language became a tool for learning, its earliest and primary purpose was, and will always remain to be, communication. Coming back to our case, […]

As Soon As Possible / The Revival of Ray XCVII

A treasure trove of questions, hidden in seemingly innocuous and plain language used in Article 200, has opened up. The question of whether Governor is bound to act on aid and advice of Council of Ministers in all circumstances, fell for consideration of this Court in Samsher Singh v. State of Punjab, (1974) 2 SCC 831. It is […]

Tareekh pe Tareekh

“We have received only adjournments from this Court, but we have never received justice.” Who are those in District Judiciary, especially responsible for delays? None of us would be able to answer comprehensively. Should we call it The Commodore Lokesh Batra Situation? Commodore Lokesh Batra had requested for information from Registry of Supreme Court in […]

Section 31(7) of The Arbitration Act XI

Court has, on multiple occasions, noted, a contractual clause which bars payment of interest is interpreted differently under 1940 Act and 1996 Act. In fact, while deciding cases under 1996 Act, Court has been slow to rely on principles laid down under 1940 Act, considering legislative incorporation of Arbitrator’s power to grant interest through Section […]

Costs Jurisprudence III: Interest Rates

Courts have authority to determine appropriate interest rate, considering totality of facts and circumstances in accordance with law. That apart, Courts have discretion to decide whether interest is payable from date of institution of suit, a period prior to that, or from date of decree, depending on specific facts of each case. Court must ensure, […]

Hon’ble Justice Abhay S. Oka’s Beautiful Mind

“Those who are blood thirsty, listen to us. If a fight for our rights is met with injustice, we will meet that injustice with love. If drops flowing from a candle are like a flame, we will use it to light up all paths if bodies of our loved ones are a threat to your […]

Ghosts in Higher Educational Institutions

Ayush Ashna was found dead on 08.07.2023 in his Hostel Room in Udaigiri Hostel, IIT, New Delhi. Anil Kumar was found dead on 01.09.2023 in his Hostel Room No. in Vindhyanchal Hostel, IIT Delhi. Police closed the matter saying, Ayush and Anil were unable to cope with pressure of their respective studies and in such […]

Custodial Interrogation Evidence

Driver of Kashmir University-Ghulam Nabi Dar alleged, on 06.04.1990 at about 04.20 PM, Vice Chancellor-Dr. Mushir-ul-Haq and Personal Secretary-Abdul Gani Zargar were kidnapped by armed terrorists outside Sadarbal Gate. Subsequently, dead bodies of Dr. Mushir-ul- Haq and Abdul Gani Zargar were recovered on 10.04.1990. Investigation revealed, Hilal Beg, Chief Commander of Jammu & Kashmir Students […]

Deep and Pervasive Control

Indian Council of Social Science Research is under total financial and administrative control of Ministry of Education, Government of India. Centre for Research in Rural and Industrial Development is under grant-in-aid of ICSSR. But, this itself cannot be called a ‘deep and pervasive control’. A ‘deep and pervasive control’ would require much more than just […]

The Real Apprehension in Transferring Cases III

A transfer of cases under Section 406, Cr.P.C. may be allowed when there is a reasonable apprehension backed by evidence, justice may not be done. A mere convenience or inconvenience of parties may not by itself be sufficient enough to pray for a transfer. Some broad factors which could be kept in mind are, i) […]

Stigma

A ‘stigma’ is indicative of a blemish, disgrace indicating a deviation from a norm. Where there is a discharge from service after prescribed probation period was completed and discharge was not based solely on assessment of employee’s work and conduct during probation, termination was held to be ‘stigmatic’ and punitive [Jaswantsingh Pratapsingh Jadeja v. Rajkot […]

The Last Word

A Diversion for Lawyers and Others

Nature of Judicial Power