Court has stepped in to ensure, substantive rights of private parties and State are not defeated simply due to technical considerations of delay. However, exercise of discretion must necessarily depend upon sufficiency of cause shown and degree of acceptability of ‘explanation’, length of delay being immaterial. Sometimes, due to want of sufficient cause being shown […]
Read more "Condonation of Delay XI: 479"State of Punjab v. Baldev Singh, (1999) 6 SCC 172 stated, Section 50 will come into play only in case of personal searches and not of bags. State of Himachal Pradesh v. Pawan Kumar, (2005) 4 SCC 350 stated, a bag or briefcase under no circumstances can be treated as part of the body of […]
Read more "Section 50 of The NDPS Act"The finer connotations and nuances of Section 19 of The Prevention of Money-Laundering Act, 2002, left uncharted by this Court in Vijay Madanlal Choudhary, 2022 (10) SCALE 577, were still open to interpretation and resolution. Section 19 does not specify in clear terms as to how an arrested person is to be ‘informed’ of ‘grounds […]
Read more "Grounds of Arrest"P. Zadenga was employed in State Bank of India, Dawrpui Branch, Aizawl. He was a delinquent employee and contended, disciplinary proceedings should be either dropped or closed since criminal cases, arising from same set of transactions, were pending. It may be desirable or, in certain circumstances, advisable for disciplinary proceedings to be stayed when criminal […]
Read more "Disciplinary Proceedings IX"Court cannot be oblivious of times when a warlike situation prevailed. It cannot also ignore or be blind to certain realities. In opinion of this Court, rather casual and superficial attention was paid to blood transfusion. These facts establish medical negligence. Bolam Test has gained widespread acceptance and application in Indian jurisprudence. CPL Ashish Kumar […]
Read more "Medical Negligence and Consumer Law IV"Regardless of arithmetical inconsistencies, it is not contested, Joseph has completed over 26 years of actual imprisonment. The latitude Constitution gives to Executive, under Articles 72 and 162, in regard to matters such as remission, commutation, et cetera, cannot be caged or boxed in form of guidelines, which are inflexible. The practical impact of a […]
Read more "Pardon Jurisprudence III"McDermott International Inc. v. Burn Standard Company Limited, (2006) 11 SCC 181 has referred to various methods of computation of damages. In particular, reference has been made to Hudson’s formula, Emden’s formula and Eichleay’s formula. The computation of damages should not be whimsical and absurd resulting in a windfall and bounty for one party. The […]
Read more "Hudson, Emden, Eichleay"The object of discipline enforced in case of ‘Contempt of Court’ is to prevent undue interference with administration of justice. To establish ‘Contempt of Court’, it is sufficient to prove, conduct was ‘wilful’ and contemnor knew of all facts. To hold a person guilty of civil contempt, ‘wilful disobedience’ is an indispensable requirement. The expression or […]
Read more "Contempt Jurisdiction XI"Our mind got clouded with suspicion. We noticed few very serious lapses. High Court completely forgot, there was juvenile-Pritam Tiwari. As per witnesses, it was Pritam Tiwari who had come. Also, Chotkau v. State of Uttar Pradesh, (2023) 6 SCC 742. If Courts are to impart justice in a free, fair and effective manner, then […]
Read more "Review of Death Penalty XXXVIII"Government of Madhya Pradesh, in excercise of power under Section 272, CrPC, on 28.03.1974, declared Hindi to be language of each Court in State except High Court. There is no such requirement laid down in respect of a Charge Sheet under Section 173, CrPC. With availability of various software and artificial intelligence tools for making […]
Read more "Language of Courts I"Court did not in Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd., 2021 (1) SCR 1135 direct, a Dissenting Opinion to be treated as an Award. This approach is correct. There appears to be a slight divergence in thinking between Russell and Gary Born. It is evident, a Dissenting Opinion cannot […]
Read more "Slight Divergence of Russell and Gary Born"We are conscious, M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 came to be overruled in K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1. M.P. Sharma had observed, privacy is not a right guaranteed by Indian Constitution. What is prohibited by Article 20(3) is procuring by compulsion, positive volitional evidentiary acts. It […]
Read more "Test Identification Parade"Learned Counsel has placed strong reliance on Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722. We may say with profound respect, Cherukuri Mani does not lay down correct law. It appears, attention of Learned Judges was not invited to T. Devaki v. Government of Tamil Nadu, (1990) 2 SCC 456 […]
Read more "Preventive Detention Statute V"The plea of non est factum basically means, ‘it is not my deed’. In Re: Saunders v Anglia Building Society, (1970) 3 ALL ER 961. A. The person pleading non est factum must belong to “class of persons, who through no fault of their own, are unable to have any understanding of the purpose of […]
Read more "Non Est Factum"It is well-settled, where a right or a liability is created by a statue, which gives a special remedy for enforcing it, remedy provided must be availed of. It is also well-settled, if a statue provides for doing a thing to be done in a particular manner, it can be done in no other manner. […]
Read more "Strict Construction of Election Law I"Learned Senior Counsel, P.S. Patwalia contends, condition of having acquired 75% marks defeats objective of providing a sports quota because it assumes sports persons also have a degree of academic excellence. Doctrine of Equality has layered dimensions. State of Jammu and Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 held, a ‘classification’ should not […]
Read more "Minimum 75% in Class XII"Dr. Anand Teltumbde v. National Investigation Agency, 2022 SCC OnLine Bom 5174 has not been interfered with. _____ Hitendra Vishnu Thakur v. State of Maharashtra, (1994) 4 SCC 602; Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijjaya, (1990) 4 SCC 76 and Usmanbhai Dawoodbhai Memon v. State of Gujarat, (1988) 2 SCC 271] were […]
Read more "Vernon’s Bail"It was urged, while it is undoubtedly important to respect popular will and Courts ought to be slow in upsetting them, equally it is important to maintain purity of an election process. Courts are, hence, duty bound to examine allegations without being unduly hyper-technical in their approach. Bhim Rao Baswanth Rao Patil defeated K. Madan […]
Read more "Monstrosity of Winnability III"A conjoint reading of Section 34 of The Protection of Children from Sexual Offences Act, 2012 and Section 94 of The Juvenile Justice (Care and Protection of Children) Act, 2015 indicates hierarchy of documents to be accepted. No document produced was a date of birth certificate from a school or a matriculation or equivalent certificate. […]
Read more "Hierarchy of Documents / Claim of Juvenility VI"Sushant Singh Rajput (SSR) met an untimely end on 14.06.2020. The circumstances remain murky and dust is still to settle. The right to privacy and publicity are not heritable and died with SSR. The information contained in Nyay: The Justice constitute publicly available information. However, to put it plainly, coincidences are one too many. It […]
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