Dignity is an ambiguous and malleable concept. It is difficult to define, and is perhaps best left undefined. In a world with so many different life views and value systems, a single, universal conception of dignity is impossible to sustain. Dignity’s malleability, however, also means it can be invoked to support competing positions. This tension […]
Read more "Dignity"While Bombay High Court (Dirk India Pvt. Ltd. v. Maharashtra State Electricity Generation Co. Ltd., 2013 SCC OnLine Bom 481), Delhi High Court (Nussli Switzerland Ltd. v. Organizing Committee Commonwealth Games, 2010, 2014 SCC OnLine Del 4834 as well as National Highways Authority of India v. Punjab National Bank, 2023 SCC OnLine Del 4810), Madras […]
Read more "Section 9 of The Arbitration Act II"Himachal Pradesh Board of School Education’s advertisement, dated 21.07.2016, stipulated, a candidate must possess a minimum of five years’ work experience in a reputed organization engaged in computer manufacturing and maintenance. The requirement was prescribed as part of the minimum eligibility criteria for appointment. The essential eligibility criteria was neither adhered to nor consciously dispensed […]
Read more "The Rules of The Game Principle XI"Justice Raveendran in Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719 held, words used should disclose a determination and obligation to go for Arbitration and not only provide for a possibility of going to Arbitration. When words provide only a possibility, same does not constitute a valid Arbitration Agreement. – Hon’ble Justice Sanjay Karol, […]
Read more "Can"Three-Judge Bench of this Court in State of Kerala v. Chandramohan, (2004) 3 SCC 429 had an opportunity to discuss the concept of ‘tribe’ and its characteristics. It becomes clear, once a person belonging to a Scheduled Tribe converts to another religion, ultimately through passage of time, customs, rituals and other traits of that particular […]
Read more "Tribal Way of Life"An ‘indication’ and a ‘geographical indication’ too, has to convey or suggest geographical origin of goods to which it applies. A name which does not suggest geographical origin of goods is not an ‘indication’ under The Geographical Indications of Goods (Registration and Protection) Act, 1999 and cannot be a ‘geographical indication’ either. ‘Tirupati Laddoo’ qualifies […]
Read more "Tirupati Laddoo"More often than not, quality of law and order in society and maintenance thereof depends upon character of persons serving in Police Force. It becomes imperative, recruitees should be persons beyond reproach and men with rectitude. Rajkumar Yadav had challenged the rejection of his candidature by the Screening Committee for appointment as a Constable (Driver). […]
Read more "Honourable Acquittal VII"At this juncture, the analogy of apples and oranges serves as a useful reminder that certain relationships are inherently incapable of being assessed on an equal plane. A contract between State and an employee stands on a similar footing. State, in such a relationship, assumes the role of a metaphorical lion, endowed with overwhelming authority, […]
Read more "Apples and Oranges"Lord Denning observed in Beetham v. Trinidad Cement Ltd., (1960) 1 All ER 274, “A difference exists whenever parties are at ‘variance’; they need not be “locked in combat” or “come to blows”. It is sufficient if they are “sparring for an opening”.” – Hon’ble Justice S.V.N. Bhatti, M/s. Premium Transmission Private Limited v. State of Maharashtra, […]
Read more "Sparring for an Opening"Viewed cumulatively, record does not support ‘innocent incarceration’ without any contribution to delay. The appropriate constitutional response, at this stage, lies in ensuring vigilant oversight of trial and its expeditious progression, rather than in eclipsing statutory mandate governing bail. Court cannot ignore, where evidentiary strength varies materially, need for continued detention likewise varies. We are […]
Read more "Architectural, Not Episodic"Ambition is a ladder, last rung of which is always elusive to one pursuing it, who endlessly searches for it. – All India Judges Association v. Union of India, [Writ Petition (Civil) No. 1022 of 1989] decided on 19.11.2025. _____ When investigations are carried out in a manner that betrays their foundational purpose and trials […]
Read more "Tabulated Charts"“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.
Read more "Train No. 2102, Jnaneshwari Express"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 […]
Read more "The Contra Proferentem Rule VIII"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 […]
Read more "The Nature of Judicial Power: One Battle After Another"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 […]
Read more "Transgender Protection Cell / The Revival of Ray XCVIII"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 – […]
Read more "Dr. Nirmal Kanti Chakrabarti"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 […]
Read more "Leakage of Question Paper of Assistant Engineer (Civil) Mains Examination"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 […]
Read more "Intentionally, Voluntarily"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 […]
Read more "The Baishakhi Principle"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 […]
Read more "Consequential or Inconsequential Import"
The Last Word 
You must be logged in to post a comment.