Whether it is to get individuals to stand as a guarantor for a loan transaction or as a surety in a criminal proceeding, choice for a person will very often be a close relative or a longtime friend. In a criminal proceeding, circle may get narrowed to protect one’s reputation. These are hard realities of […]
Read more "Surety"“Another study of 800 Movies showed, ‘nudity’ is a negative predictor of Box Office Revenue in U.S. (A. Cerridwen and D.K. Simonton, 2009).” – Smt. K.B. Valsalakumari, I.A.S. (Retd.)-Principal Secretary (Retd.), Government of Kerala in ‘Report of Expert Committee constituted by Government of Kerala‘. _____ U.S. Domestic Gross for Ang Lee’s Lust, Caution (2007) was […]
Read more "Caution for Lust in Hollywood"On 20.04.2021, an unaccompanied baggage of one Althaf Mossan Mukri was checked and 14,763.30 grams of contraband gold was found. On 27.12.2021, Althaf reached India. On 05.03.2022, Althaf was arrested. We are of opinion, Division Bench of HC should have followed view taken by another Division Bench of same HC, specifically when ‘grounds of detention’ […]
Read more "14,763.30 Grams of Gold"Parashuram Detaram Shamdasani v. King-Emperor, (1945) A.C. 264; M.Y. Shareef v. Hon’ble Judges of High Court of Nagpur, (1954) 2 SCC 444; Pushpaben v. Narandas Badiani, (1979) 2 SCC 394; Babu Ram Gupta v. Sudhir Bhasin, (1980) 3 SCC 47; Reliance Petrochemicals Limited v. Proprietors of Indian Express Newspapers, Bombay Pvt. Ltd., (1988) 4 SCC […]
Read more "Contempt Jurisdiction XII"State of Andhra Pradesh v. S. Sree Rama Rao, AIR 1963 SC 1723; State of Andhra Pradesh v. Chitra Venkata Rao, (1975) 2 SCC 557; State Bank of India v. S.K. Sharma, (1996) 3 SCC 364; Union of India v. K.G. Soni, (2006) 6 SCC 794; State of Uttar Pradesh v. Man Mohan Nath Sinha, […]
Read more "Disciplinary Proceedings X"Forasol v. Oil and Natural Gas Commission, 1984 Supp SCC 263 held, “Court must select a date which puts Plaintiff in same position in which he would have been had Defendant discharged his obligation when he ought to have done, bearing in mind, rate of exchange is not a constant factor but fluctuates and very […]
Read more "Date and Rate of Exchange"For over 50 yrs., High Court has been disposing of Writ Petitions raising claims or challenges to exercise of powers or dereliction of duties under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The propensity and proclivity of 1971 Act to generate litigation are worrisome. The exasperation of High Court is understandable. Court […]
Read more "Assessment of Statute"Most minerals are spatially located in a few mineral rich states, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Orissa, Rajasthan and West Bengal. Constitution is a living organic document and must be interpreted in that spirit [Saurabh Chaudri v. Union of India, (2003) 11 SCC 146 ; Navtej Singh Johar v. Union of […]
Read more "The Nature of Judicial Power: Typographical Errors"“Earth teaches us patience, love; Air teaches us mobility, liberty; Fire teaches us warmth, courage; Sky teaches us equality, broad-mindedness; Water teaches us purity, cleanliness.” State of Bihar v. Murad Ali Khan, (1988) 4 SCC 655, speaking through Venkatachaliah J, observed, “‘Every source from which man has increased his power has been used to diminish prospects of […]
Read more "The Doctrine of Intergenerational Equity"Haridas Das v. Usha Rani Banik, (2006) 4 SCC 78 while reiterating decisions in Aribam Tuleshwar Sharma v. Aribam Pishak Sharma, (1979) 4 SCC 389 and Meera Bhanja v. Nirmala Kumari Choudhury, (1995) 1 SCC 170 drew out narrow contours within which review jurisdiction of this Court had to be exercised and held, Order XLVII, […]
Read more "The Nature of Judicial Power: Powers of Review of Supreme Court II"What cannot be done directly, cannot be done indirectly. It is apt to refer to a decision of a Division Bench of Karnataka High Court in Nalini Sunder v. GV Sunder, AIR 2003 Kar 86. It was held, a party could not make out a case on basis of evidence for which he/she has laid […]
Read more "Forfeiture of Right to File Written Statement"A perusal of Section 307, IPC would make it clear, it really imbibes the true spirit of the maxim ‘culpae poena per esto’. It means ‘let the punishment be proportionate to the offence; let the punishment fit the crime.’ The second part of Section 307, IPC did not prescribe for imposition of punishment more than […]
Read more "Section 307, Indian Penal Code II"We do not find any infirmity, much less any perversity, warranting any interference by this Court. However, there is one aspect which requires clarification. Doctrine of Legitimate Expectation does not always result in relief. A protection of legitimate expectation is subject to overriding public interest. Even if an individual’s expectation is reasonable and based on […]
Read more "The Doctrine of Legitimate Expectation VI"Appellant contends, i) no Arbitrable Dispute remained after a ‘full and final settlement’ and ii) appointment of an Arbitrator was an exercise in futility. However, we uphold and affirm, appointment of Justice K.A. Puj, Former Judge of High Court of Gujarat, as an Arbitrator. There is no rule of an absolute kind which precludes Arbitration […]
Read more "Accord and Satisfaction"“It would be very wrong to say, under a particular statute, bail cannot be granted.” According to Police, Sheikh Javed Iqbal had confessed, he was engaged in illegal trade of supplying counterfeit Indian currency notes in Nepal. Sheikh Javed Iqbal was arrested on 23.02.2015. We are in July, 2024. 9 years have gone by. A […]
Read more "Bail for Sheikh Javed Iqbal and Ors."It is a fact, certain High Courts maintained a view, sentencing to undergo ‘imprisonment till rising of Court’ would be no sentence at all according to law. It cannot be said, imposing a sentence of ‘imprisonment till rising of Court’ is impermissible or an action amounting to evasion of statutory provisions. However, we have no […]
Read more "Flea-Bite"We are examining legality of arrest of Arvind Kejriwal on 21.03.2024. Gifford v. Kelson, (1943) 51 Man. R 120 accurately explains difference between “reasons to believe” and “suspicion”. “Suspicion” requires lower degree of satisfaction and does not amount to belief. An arrestee should be furnished “reasons to believe” to enable him to exercise his right […]
Read more "Referred to Larger Bench XXXVIII: Necessity to Arrest"State abused its position under a misconceived notion, all its actions, such as award of contracts or tenders, were nothing but a generosity which it could, at its own whims, choose to deny, alter, modify, or take away without any consequences. Law cannot afford to remain static [M.C. Mehta v. Union of India, (1987) 1 […]
Read more "Tender Law VI"Arbitral Award made by Arbitral Tribunal on 30th June, 2022 was served on same day. In view of Section 12(1) of The Limitation Act, 1963, 30th June, 2022 will have to be excluded while computing limitation period. Thus, in effect, period of limitation started running on 1st July, 2022, period of limitation being of 3 […]
Read more "Section 34(3) of The Arbitration Act III"Appellate Court under Section 37 is to decide, whether jurisdiction under Section 34 has been exercised rightly or wrongly. As observed, scope of interference under Section 34 is very narrow; jurisdiction under Section 37 is narrower [UHL Power Company Limited v. State of Himachal Pradesh, (2022) 4 SCC 116]. There is no statutory embargo on […]
Read more "Section 37 of The Arbitration Act IV"
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