Timing of Votes

The disqualification under Section 8 of The Representation of People Act, 1951 is relatable to Article 191(1)(e). Therefore, any interpretation to Section 8 should be in sync with the constitutional scheme. Once the period of disqualification starts running, the seat, hitherto held by the person disqualified, becomes vacant by virtue of Article 190(3). His name […]

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Section 34 of The Arbitration Act IV / Arbitral Award Dissent

Mr. Peter Leaver [Queen’s Counsel], Justice V.K. Gupta [Retd.] and Mr. Anthony Houghton [Senior Counsel] delivered their International Arbitral Award in New Delhi, on 12.05.2014. Majority Award [Mr. Peter Leaver and Mr. Anthony Houghton] was in favor of Anglo American Metallurgical Coal Pty Ltd. and Dissenting Award [Justice V.K. Gupta] dismissed the claim of Anglo […]

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Section 53 of The Competition Act / Aggrieved Person II / The Revival of Ray LVII

Samir Agarwal sought, by an information filed, CCI to initiate an inquiry, under Section 26(2) of The Competition Act, 2002, into the alleged anti-competitive conduct of Ola and Uber. Shri Rajshekhar Rao, appearing on behalf of Ola, submitted, Samir cannot be said to be a ‘person aggrieved’ for the purpose of sections 53B and 53T. […]

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Taxing Lottery

Section 2(b) of The Lotteries (Regulation) Act, 1998 of the Act defines, ‘lottery’ means a scheme, in whatever form and by whatever name called, for distribution of prizes by lot or chance to those persons participating in the chances of a prize by purchasing tickets. State of Bombay v. R.M.D. Chamarbaugwala, AIR 1957 SC 699 […]

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Any Other Sufficient Reason

The words ‘any other sufficient reason’ appearing in Order 47, Rule 1 of The Code of Civil Procedure, 1908 must mean a reason sufficient on grounds at least analogous to those specified in Order 47, Rule 1 as was held in Chhajju Ram v. Neki, AIR 1922 PC 112 and approved by this Court in […]

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Section 90, Indian Penal Code

A ‘consent’ given under fear of injury is not a ‘consent’ in the eyes of law. We are not persuaded to accept the solitary statement that, at the time of the first alleged offence, ‘consent’ was obtained under fear of injury. A ‘consent’ given under a misconception of fact is no ‘consent’ in the eyes […]

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Day-Fraction

There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]

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Act of Transformation

Most jurists draw distinction between ‘direct application’ of treaties in domestic law, and national legal systems that mandate and require ‘act of transformation’ for an international treaty to apply and be a part of domestic law; ‘direct application’ means and mandates that the treaty norms, either wholly or to some extent, are directly treated as […]

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The Importance of Being Earnest III

“The matter relates to the unnatural death of Actor, Sushant Singh Rajput on 14.6.2020. He was in a live-in relationship with Rhea. But, on 8.6.2020, Rhea shifted to her own residence… The legal process must be focused upon revelation of the correct facts through credible and legally acceptable investigation. It must be determined whether the […]

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Consume

“As per Concise Oxford English Dictionary (Twelfth South Asian Edition, Page 307), one of the meanings assigned to the verb ‘consume’, derived from latin ‘consumere’ (con – ‘altogether’ + sumere – ‘take out’), is ‘eat, drink or ingest – use up – (especially of a fire) completely destroy’. The noun derived from this verb is […]

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As Far As Possible

“The expression ‘as far as possible’ was relied upon by this Court in Paragraph 34 of its decision in High Court of Judicature For Rajasthan v. Veena Verma, (2009) 14 SCC 734. It would also be instructive to refer to a decision of this Court in State of M.P. v. Narmada Bachao Andolan, (2011) 7 […]

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