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 […]
Read more "Deep and Pervasive Control"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) […]
Read more "The Real Apprehension in Transferring Cases III"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 […]
Read more "Stigma"Justice S.R. Das pertinently observed in Rananjaya Singh v. Baijnath Singh, (1954) 2 SCC 314, “The spirit of the law may well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the Sections of the Act.” In other words, the […]
Read more "Spirit of the Law"“We may reiterate, therefore, the certificate required under Section 65B(4) is a condition precedent to admissibility of evidence by way of electronic record, as correctly held in Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473.” Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 3 SCC 216 referred and Three-Judge Bench in Arjun Panditrao Khotkar […]
Read more "Review of Death Penalty XLIII"It is said, death is a great leveller. A solemn truth. There is no material produced to show, Chhindwada Gram Panchayat has in any manner prescribed, the burial ground at Karkapal to be the burial ground for Christians from Chhindwada. Furthermore, no material has been produced to support, the graveyard in Chhindwada has been designated […]
Read more "Gravediggers at Chhindwada"A limitation provision in stamp law (to seek refund of stamp duty) should not be enforced so as to oust remedy when an applicant is otherwise not blameworthy [Bano Saiyed Parwaz v. Chief Controlling Revenue Authority & Inspector General of Registration & Controller of Stamps, 2024 SCC OnLine SC 979]. We find, Rs. 27,34,500/- had […]
Read more "The Plea of Limitation XIX: Delays of Adjacent Slums"It is a disconcerting reality. Secretary, State of Karnataka v. Uma Devi, (2006) 4 SCC 1 is often misinterpreted or misapplied to deny legitimate claims of long-serving employees. Government often cites and distorts Uma Devi’s spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades. Where appointments were not ‘illegal’ […]
Read more "Misinterpretation of Uma Devi"The evidence collected during course of investigation in a legal and proper manner and sought to be used in course of trial with regard to a seized contraband substance could not be simply brushed aside on ground of a procedural irregularity committed. Union of India v. Mohanlal, (2016) 3 SCC 379 nowhere held, non-compliance or […]
Read more "Section 52A of The NDPS Act"After a few mediation sessions before Supreme Court Mediation Centre, Sandesh submitted before us, he was not interested in pursuing a mediated settlement before Supreme Court Mediation Centre. However, Rinku and Sandesh agreed to attempt a mediated settlement before a Retired Judge of this Court. Consequently, Retd. Justice S. Ravindra Bhat was appointed as a […]
Read more "Irretrievable Breakdown of Marriage IV"We need to examine whether possibility of reformation is completely ruled out. Sambhubhai was 24, had no criminal antecedents and hails from a low socio-economic household as The Mitigation Investigation Report, filed by Project 39A, indicates. The Mitigation Report further indicates, Sambhubhai maintains family ties with his 64-year-old Mother who takes care of his 10-year-old […]
Read more "Review of Death Penalty XLII"Court has consistently held, right to property requires, procedural safeguards be followed to ensure fairness and non-arbitrariness in decision-making especially in cases of acquisition by State. Therefore, delay in approaching Court, while a significant factor, cannot override necessity to address illegalities and protect right to property. Court must balance need for finality in legal proceedings […]
Read more "Right to Property II"Constitution Bench in Triveniben v. State of Gujarat, (1989) 1 SCC 678 held, while considering delay in execution of Death Sentence, period consumed in judicial process culminating in confirmation of Death Sentence should not be taken into consideration. The question of execution arises only when Death Sentence becomes final. An ‘inordinate’ delay in execution […]
Read more "Review of Death Penalty XLI"It is well settled, where a ‘citizen aggrieved’ by an action of Government Department has approached Court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended benefit without need for them to go to Court [Amrit Lal Berry v. Collector of Central Excise, New Delhi, (1975) 4 SCC […]
Read more "Aggrieved Person III"Therefore, res judicata impacts not only actual matter determined, but every other matter which parties might or ought to have litigated and have decided as incidental to or essentially connected with subject matter of litigation. It includes every matter coming into legitimate purview of original action, both in respect of matters of claim and defence […]
Read more "The Revival of Ray XCVI"During course of hearing a practical test was conducted and it was found, said underwear was not of Andrew Salvatore’s size. _____ 04.04.1990: Andrew Salvatore, an Australian, travelling from Thiruvananthapuram to Mumbai, while undergoing frisking, was found to be in possession of 55 grams and 6.6 grams of charas. _____ M.R. Ajayan has submitted, he […]
Read more "61.6 Grams of Charas"Central Board of Dawoodi Bohra Community v. State of Maharashtra, (2005) 2 SCC 673 reiterated, if a Bench of Lower Strength is ‘doubtful’ about correctness of a Judgment delivered by a Bench of Larger Strength, it cannot ‘disagree’ or ‘dissent’. It can invite Chief Justice of India’s attention and request, the matter be listed before […]
Read more "Referred to Larger Bench XVI Explained"Union of India v. Tantia Constructions Limited, 2021 SCC OnLine SC 271 prima facie disagreed with Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), [2019] 16 SCR 1234. In present reference, we have upheld decisions of this Court in TRF Ltd. v. Energo Engineering Projects Ltd., [2017] 7 SCR 409 and Perkins Eastman Architects DPC […]
Read more "Referred to Larger Bench XXX Answered: Unending Suspicion and Endless Cycle of Mistrust"The eligibility criteria for being placed in select list, notified at commencement of recruitment process, cannot be changed midway through recruitment process. Even if such change is permissible under extant rules or advertisement, change would have to meet requirement of Article 14 and satisfy test of non-arbitrariness. K. Manjusree, (2008) 3 SCC 512 lays down […]
Read more "Referred to Larger Bench I Answered: The Rule of The Game Principle XI"It cannot be declared as a general rule, merely because a legal proceeding is not a ‘suit’, it would be completely exempted from application of principles underlying Order 23, Rule 1. These principles, being in nature of public policy, bring efficiency and certainty to administration of justice by any Court and should be invoked and […]
Read more "Order 23, Rule 1 of The Code of Civil Procedure, 1908"
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