Train No. 2102, Jnaneshwari Express

“There cannot be no manner of doubt on the proposition that Article 21 rights are placed on a pedestal, and rightly so, at the same time, though, the individual cannot always be the centre of attention.” – Hon’ble Justice Sanjay Karol, Central Bureau of Investigation v. Dayamoy Mahato, 2025 INSC 1418.

The Contra Proferentem Rule VIII

Contra Proferentem is not a principle of universal application and it does not merit applicability in case of commercial contracts, for a clause in a commercial contract is bilateral and has mutually been agreed upon. Any question as to unconscionableness of a stipulation contained in an agreement would probably arise for consideration only if it […]

The Nature of Judicial Power: One Battle After Another

Doctrine of Separation of Powers is not merely philosophical. – Hon’ble Former Chief Justice of India, Hon’ble Justice B.R. Gavai, Madras Bar Association v. Union of India, [Writ Petition (Civil) No. 1018 of 2021]. _____ “We are not final because we are infallible, but we are infallible only because we are final.” We have rather […]

Transgender Protection Cell / The Revival of Ray XCVIII

It is an eye-opener for one and all. In State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, A.N. Ray, CJ (as he then was), noted, varying needs of different classes of persons require special treatment. It was cautioned, equality cannot mean absolute equality. In other words, equality would only mean parity of treatment […]

Dr. Nirmal Kanti Chakrabarti

Vaneeta Patnaik is a Faculty Member of West Bengal National University of Juridical Sciences. Dr. Nirmal Kanti Chakrabarti was appointed as a Vice Chancellor of NUJS on 03.07.2019. September, 2019 – Dr. Nirmal insisted Vaneeta should accompany him for dinner. He even touched Vaneeta in a manner that made her extremely uncomfortable. October, 2019 – […]

Leakage of Question Paper of Assistant Engineer (Civil) Mains Examination

Well thought of and planned policies can crumble, like a sandcastle, at first hit of waves, if there isn’t a strong administration in place to implement them. Membership in a Public Service Commission is a position of significant constitutional trust and responsibility. Any conduct on part of its Members that appears subjective or raises suspicion […]

Intentionally, Voluntarily

It may be necessary to have a look at Section 133 of The Customs Act, 1962 which is analogous to Section 186 of The Indian Penal Code, 1860. In our considered opinion, the expression ‘intentionally’ used in Section 133 and the expression ‘voluntarily’ used in Section 186 connote the same meaning. Court while construing the […]

The Baishakhi Principle

The jurisprudential divide between irregular and illegal appointments is neither artificial nor academic Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1 held, mere technical irregularities in appointment processes, in absence of evidence of illegality, arbitrariness or fraud, cannot be a ground to undo appointments, especially when appointees are not at fault. Vikas Pratap […]

Consequential or Inconsequential Import

Democracy, in its essence, means a society governed by elected representatives of people based on universal adult franchise in a free and transparent manner. Thus, free and fair elections go to the root of a functional democracy. Lok Prahari v. Union of India, (2018) 4 SCC 699 summarized the legal and contextual position regarding non-disclosure of assets […]

Women Officers

Air Force has continually opened new Combat Air Force Roles for Women as Fighter Pilots, Helicopter Pilots, et cetera. It does not stand to reason, when Women Officers like Captain Ojaswita Shree, Major Dwipannita Kalita and Flight Lieutenant Shivangi Singh can operate behind enemy lines with all expected risks, why Women Officers in times of […]

Where Eagles Dare

The Chief Justice of India bears a significant moral responsibility to ensure, Judiciary functions in a transparent, efficient and constitutionally appropriate manner. The Chief Justice of India is clearly an important person in maintaining institutional interest and credibility. The Chief Justice of India owes a duty to keep our justice delivery system pure, clean and […]

Dilly-Dally

The only purpose of entrusting work of adjudicating Disqualification Petitions to a Speaker/Chairman was to avoid dilly-dallying in Courts or the Election Commission’s office. The question we have to ask ourselves is, whether the trust which Parliament entrusted has been adhered to? Kihoto Hollohan v. Zachillhu, 1992 Supp (2) 651 was not expected to anticipate, […]

Ratio Decidendi IV

Secunderabad Club v. CIT, 2023 INSC 736 had occasion to delineate how to cull out ratio decidendi and identify principles which have precedential value. Further, a simple test has been invoked by this Court. Professor Eugene Wambaugh’s ‘Inversion Test’ mandates, to determine whether a particular proposition of law is part of ratio decidendi, either that […]

Spill the Beans

R.M. Malkani v. State of Maharashtra, (1973) 2 SCR 417 is locus classicus on determining admissibility of a tape-recorded conversation. When this Court decided Yusufalli Esmail Nagree v. State of Maharashtra, AIR 1968 SC 147 and R.M. Malkani, devices like tape-recorders and microphones were carefully placed in a space wherein conversations could be secretly recorded […]

Entertainments

The expression ‘entertainments’ is a word of general import and in common parlance includes cinema shows, dramatic performances. The expression ‘entertainments’ used in Entry 62 – List II does not draw a distinction between one who derives amusement and one who caters to it. It covers both categories. Court has interpreted the expression ‘entertainments’ in […]

Minimum Service Tenure

Niranjan Shankar Golikari v. Century Spinning and Manufacturing Co., 1967 SCC OnLine SC 72 made a distinction between restrictive covenants operating during subsistence of an employment contract and those operating after its termination. This view was reiterated by Justice A.P. Sen, in concurrence, in Superintendence Company (P) Ltd. v. Krishan Murgai, (1981) 2 SCC 246. […]

Judges & Politicians & Social Media

Were this an ordinary civil suit, we could have possibly applied ‘preponderance of probabilities’ which may have resulted in some leeway and latitude in favour of D. Kumar (Election Petitioner) and against A. Raja. However, as per J. Chandrasekhara Rao v. V. Jagapathi Rao, 1993 Supp (2) SCC 229 and M. Chandra v. M. Thangamuthu, […]

Mini Trial

R.P. Kapur v. State of Punjab, 1960 SCC OnLine SC 21 enumerated category of cases where inherent powers may be invoked to quash a criminal proceeding. But, “High Court would not embark upon an enquiry as to whether evidence in question is reliable or not. Ordinarily it would not be open to any party to […]

Disciplinary Proceedings XI

In a battle between a mighty lion and a weak lamb, should Courts put those weak to sword for not having demonstrated ‘prejudice’ when a brazen violation of law declared by a Constitution Bench is brought to its notice? Why should those mighty not be made answerable as to why an enquiry report has not […]

Ordinary Man

We observe a tendency on part of Members of Bar to rely upon a large number of decisions, whether relevant or irrelevant. Multiple decisions are cited on same proposition of law. This makes hearing time-consuming. Courts permit written submissions. Very long written submissions come on record. A high monetary stake should not result in unnecessarily […]

The Last Word

A Diversion for Lawyers and Others

Phrases