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 […]
Read more "Principles of Natural Justice V"Commissioner of Police, New Delhi v. Mehar Singh, (2013) 7 SCC 685 while considering a case of antecedents verification, for appointment into Delhi Police Service, observed, a candidate wishing to join Police Force must be a person having impeccable character and integrity. In a case where candidates have been acquitted in a criminal case, it […]
Read more "Suitability of Candidate I"It is trite to say, often, a proposition of law as laid down in a case is as good as the facts of the case. We say so in view of the fact, matters of education must be left to educationists, of course subject to being governed by relevant statutes and regulations. It is not […]
Read more "Matters of Education I"A ‘consent’ given under fear of injury is not a ‘consent’ in the eyes of law. We are not persuaded to accept the solitary statement, at the time of the first alleged offence, ‘consent’ was obtained under fear of injury. A ‘consent’ given under a misconception of fact is no ‘consent’ in the eyes of […]
Read more "Section 90, Indian Penal Code"There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]
Read more "Day-Fraction"The law will assist only those who are vigilant about their rights and not those who sleep over them. The importance of legal maxims as guiding principles can hardly be underestimated. “The principle forming the basis of Section 10(1) of The General Clauses Act, 1897 also finds a place in Section 4 of The Limitation […]
Read more "Vigilantibus Non Dormientibus Jura Subveniunt"“Diwan Bros. v. Central Bank of India, (1976) 3 SCC 800 referred to the well-known dictum of Lord Buckmaster in Barras v. Aberdeen Steam Trawling and Fishing Company, 1933 AC 402. “It has long been a well-established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning […]
Read more "Lord Buckmaster"“Magma General Insurance Company Ltd., (2018) 18 SCC 130 explained the concept of ‘consortium’. United India Insurance Company Ltd. v. Satvinder Kaur, (2020) SCC Online 410 reaffirmed the view. Three-Judge Bench further laid down, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards ‘loss […]
Read more "Consortium II"Pusan raised questions and submitted letters about Busan’s company and his other employees, present and former. Busan was obviously upset. Busan: Pusan, apologize. That’s it. Pusan: No; neither my questions nor my submissions are incorrect. I will happily undergo punishment. Pusan’s Senior Colleague: Pusan has been under your employment for years now. Sir Busan, be […]
Read more "Contempt Jurisdiction VI / Childish Magnanimity"Most jurists draw distinction between ‘direct application’ of treaties in domestic law, and national legal systems that mandate and require ‘act of transformation’ for an international treaty to apply and be a part of domestic law; ‘direct application’ means and mandates that the treaty norms, either wholly or to some extent, are directly treated as […]
Read more "Act of Transformation"Justice Krishna Iyer, in his inimitable style, has observed, a wise economy of use of the contempt power by the Court is the first rule. The Court should act with seriousness and severity, where justice is jeopardized by a gross and/or unfounded attack on the Judges, where the attack is calculated to obstruct or destroy […]
Read more "Contempt Jurisdiction V / The Revival of Ray L"When it comes to the penalty of blacklisting, the classic formulation of principles in regard to blacklisting have been laid down in Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70. “Equality of opportunity should apply to matters of public contracts. An ordinary individual can choose not to deal with […]
Read more "The Revival of Ray XLIX"The importance of statistical data, in interpreting careers, is often highlighted. It hides as much as it reveals. It’s not without reason Wilfred Rhodes had a Test career which lasted more than 30 years! We aren’t discussing sports, though. Hon’ble Justice P.N. Bhagwati still holds the record for the longest tenure [4905 days; DoA, 17.07.1973 […]
Read more "The Nature of Judicial Power: Short Tenure of Supreme Court Judges"
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