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"“Reliance has been placed on Sri Nasiruddin v. State Transport Appellate Tribunal, (1975) 2 SCC 671. The word ‘or’ was given grammatical meaning. It was held, the word ‘or’ cannot be read as ‘and’. They should be considered in an ordinary sense. If two different interpretations are possible, Court will adopt that which is just, […]
Read more "Article No. 800: The Revival of Ray XL / Disjunctive, Conjunctive II"My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with Section […]
Read more "My Precious Bitcoin"Five Judges in Dr. Shah Faesal v. Union of India, [Writ Petition (Civil) No. 1099 of 2019] have decided the following. “The rule of per incuriam means a Judgment passed in ignorance of a relevant statute or any other binding authority [See, Young v. Bristol Aeroplane Co. Ltd., 1944 KB 718 (CA)]. The view that […]
Read more "Per Incuriam III"Lawyers have no right to go on strike or even token strike. They cannot abstain from appearing in Courts in pursuance of a call for strike or boycott. These strikes interfere with administration of justice and put interests of clients in jeopardy. There is a duty owed [Ex-Capt. Harish Uppal, (2003) 2 SCC 45]. This […]
Read more "Independent Bar & Independent Bench II"“Textually, Article 233(2) only prohibits the appointment of a person who is already in the service of Union or State, but not the selection of such a person. The right of such a person to participate in the selection process undertaken by State for appointment to any post in public service (subject to other rational […]
Read more "With Respect, Constitutionally Incorrect, Justice Chelameswar"“When criminality enters into the grass-root level as well as at the higher levels there is a feeling that ‘monstrosity’ is likely to wither away the multitude and eventually usher in a dreadful fear that would rule supreme creating an incurable chasm in the spine of the whole citizenry” [Hon’ble Justice Dipak Misra, 05.02.2015]. In […]
Read more "Monstrosity of Winnability I"“It is settled law, State Government cannot be directed to provide reservations for appointment in public posts [C.A. Rajendran, (1968) 1 SCR 721]. Similarly, State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they wish to exercise their discretion and make such provision, State has […]
Read more "Reservation in Appointment/Promotion"
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