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"E.P. Royappa, (1974) 4 SCC 3 is clear, the burden of establishing mala fides is very heavily on the person who alleges it. Courts should not uphold a plea of mala fides on the basis of mere probabilities. _____ It is said, a Judge must not alter the material of which the Act is woven, […]
Read more "The Tenth Schedule"We may recall the Constitution Bench Judgment of this Court in Additional District Magistrate, Jabalpur v. Shivakant Shukla, (1976) 2 SCC 521 where Majority of the Judges had taken the view that after proclamation of Emergency under Article 352, no proceedings can be initiated for enforcement of right under Article 21. Justice A.N. Ray, C.J., […]
Read more "The Revival of Ray XLVIII"Even amidst realizations of minor privileges, one may still pray for safety. It’s certainly not the first thought to strike you when being driven around by a trustworthy friend in a Bayerische Motoren Werke Aktiengesellschaf car. I had a ticket for Seat No. 1D, bought with an additional expense of Rs. 1000/-, in my hand. […]
Read more "आओ कभी हवेली पे"“The expression ‘as far as possible’ was relied upon by this Court in Paragraph 34 of its decision in High Court of Judicature for Rajasthan v. Veena Verma, (2009) 14 SCC 734. It would also be instructive to refer to a decision of this Court in State of M.P. v. Narmada Bachao Andolan, (2011) 7 […]
Read more "As Far As Possible"CJI Ray was years away from retirement when declaring Ahmedabad St. Xavier’s College Society, (1974) 1 SCC 717. Recently, Hon’ble Justice Arun Mishra in Christian Medical College Vellore Association v. Union of India, [Transferred Case (Civil) No. 98 of 2012] quoted CJI Ray’s Judgment. “The entire controversy centers round the extent of the right of the […]
Read more "The Revival of Ray XLIV"“We fail to understand how Vijay Kurle can urge that the source of information should be disclosed. His complaint is addressed amongst all others to Judges of this Court which obviously includes the Two Judges who are Members of the Bench. There can be no manner of doubt that every citizen is entitled to criticize […]
Read more "Contempt Jurisdiction IV"“State of U.P. v. Sri Shyam Lal Sharma, (1971) 2 SCC 514 laid down various propositions regarding implication and effect of orders of compulsory retirement. “First, in ascertaining whether the order of compulsory retirement is one of punishment it has to be ascertained whether in the order of compulsory retirement there was any element of […]
Read more "Compulsory Retirement I / The Revival of Ray XLIII"Ramjit Singh Kardam v. Sanjeev Kumar, [Civil Appeal No. 2103 of 2020] referred to Ratnagiri Gas and Power Pvt. Ltd., (2013) 1 SCC 524 to understand, law casts a heavy burden on a person alleging mala fides. Ratnagiri Gas and Power Pvt. Ltd. had referred to Ajit Kumar Nag, (2005) 7 SCC 764 to declare, […]
Read more "The Revival of Ray XLII"
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