“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"Supreme Court of India understands, Mahatma Gandhi > Bharat Ratna. Once upon a time, specifically on 23.01.1992, a press communique was issued from Rashtrapati Bhawan, New Delhi. “President is pleased to confer Award of Bharat Ratna posthumously on Shri Subhash Chandra Bose.” It was contended before SC, when a personality is higher and greater than […]
Read more "123 Netaji 123"My Lord, Judges in Md. Serajuddin, (1975) 2 SCC 47? Five. Hon’ble Judges H.R. Khanna, K.K. Mathew, M. Hameedullah Beg, Y.V. Chandrachud. Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. “A Constitution Bench of this Court in Md. Serajuddin, (1975) 2 SCC 47 has held that expression ‘in the course’ implies not only a period […]
Read more "The Revival of Ray XXXVIII"It is not our forte to answer whether it is better to be free than secure or be secure rather than free. However, we are here only to ensure, citizens are provided all the rights and liberty to the highest extent in a given situation while ensuring security at the same time. There is no […]
Read more "The Revival of Ray XXXVII"Nine Judge Bench decisions of Supreme Court possess a pattern. The last one was Justice K.S. Puttaswamy, (2017) 10 SCC 1. It had happened only once before in Indra Sawhney [1992 Supp (3) SCC 217] that, a CJI, despite being on a Nine Judge Bench, did not author a Judgment. It is of further interest, […]
Read more "Nine Judge Benches / The Revival of Ray XXXVI"Hon’ble Chief Justice of India is as important as Hon’ble Prime Minister. 2010-2020 has witnessed 11 CJIs and 2 PMs. One wonders why 65 is the retirement age for a Supreme Court Judge. He cannot be presumed to be dysfunctional post-65, if at 69 one can be an effective PM. 2000-2010 had witnessed 9 CJIs; […]
Read more "The Nature of Judicial Power: An Ungodly Jumble"538 is the number of former students of National Law School of India University, Bangalore [NLSIU] who ‘demanded’ repeal of The Citizenship (Amendment) Act, 2019 [CAA]. They extended unconditional support to all those who choose to exercise their fundamental right to speech and assembly to ‘express dissent peacefully’. 402 is the number of former students […]
Read more "The Myth of Peaceful Protest"“Erusian Equipment and Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 and Raghunath Thakur v. State of Bihar, (1989) 1 SCC 229 as well as Southern Painters v. Fertilizers & Chemicals Travancore Ltd., 1994 Supp (2) SCC 699; Grosons Pharmaceuticals (P) Ltd. v. State of U.P., (2001) 8 SCC 604 and B.S.N. […]
Read more "The Revival of Ray XXXV"On a lighter note, the following observations of Hon’ble Justice R.F. Nariman in BGS SGS Soma JV v. NHPC Ltd., [Civil Appeal No. 9307 of 2019] is interesting for the reason, it points out Hon’ble Chief Justice of India Dipak Misra failed to apply Hon’ble Justice Dipak Misra. The percentage of seriousness can be increased […]
Read more "Referred to Larger Bench XIII Criticized: Venue v. Seat, Arbitration"Whether providing for domicile/residence-based reservation in admission to ‘PG Medical Courses’ within State Quota is constitutionally invalid and is impermissible? If domicile/residence-based reservation in admission to ‘PG Medical Courses’ is impermissible, how State Quota seats, other than permissible institutional preference seats, are to be filled up? In Dr. Tanvi Behl v. Shrey Goel, [Civil Appeal […]
Read more "Referred to Larger Bench XXI (Answered): Residence-Based Reservation / The Revival of Ray XXXIV"“It is a well established position, when statutes are unambiguous, Courts must adopt plain and natural meaning irrespective of consequences [Nelson Motis v. Union of India, (1992) 4 SCC 711]. On a bare reading of Section 207 of The Criminal Procedure Code, 1973 no other interpretation is possible. We hold, ‘contents of the memory card/pen […]
Read more "Cloned Copy of Electronic Record"“Justice S.R. Tendolkar, AIR 1958 SC 538 had postulated two conditions which must be satisfied for a classification to withstand a challenge under Article 14, namely: i) the classification should be founded on intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (ii) the differentia […]
Read more "The Nature of Judicial Power: Hon’ble Justice Sanjiv Khanna"Section 2(a) of The Prohibition of Child Marriage Act, 2006 defines ‘child’ as a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age. A ‘child marriage’ means a marriage to which either of the contracting parties is a child. Hardev Singh […]
Read more "Prohibition of Child Marriage"Dicitex was facing financial distress and economical duress. Oriental Insurance had insisted Dicitex to sign a clean discharge voucher and to withdraw the letter of protest addressed by it, failing which, Oriental Insurance would not release the amount reflected in the discharge voucher. HC allowed an application under Section 11(6), preferred by Dicitex, and appointed […]
Read more "Section 11(6) of The Arbitration Act III"
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