Court has noticed a rising trend of cases where parties have attempted to take ‘another bite at the cherry’ by initiating proceedings over various forums, particularly to circumvent jurisdiction of this Court. A purportedly ancillary remedy is urged in another forum as a dilatory tactic or as an attempt at ‘forum shopping’. One of us […]
Read more "Forum Shopping I"My Lord, District Magistrate or Chief Metropolitan Magistrate can appoint and authorize an Advocate under Section 14(1A) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002? Yes. It is well established, an Advocate is a guardian of constitutional morality and justice equally with a Judge. He bears responsibility towards […]
Read more "Subordinate Officer"The issue is covered by Union of India v. V.R. Tripathi, (2019) 14 SCC 646. Court held, scheme and rules of compassionate appointment cannot violate mandate of Article 14; once Section 16 of Hindu Marriage Act regards a child, born from a marriage entered into while earlier marriage is subsisting, to be legitimate, it would […]
Read more "Compassionate Appointment V"Court notices, medical practitioners have a quasi-fiduciary relationship with their patients. A doctor’s prescription is considered final, even if cost of such medication is unaffordable or barely within economic reach – such is level of trust reposed. Therefore, it is a matter of great public importance and concern, when it is demonstrated, a doctor’s prescription […]
Read more "Freebies"We rely on Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed, (1976) 1 SCC 671: “It will be seen, in context of locus standi to apply for a Writ of Certiorari, an applicant may ordinarily fall in any of these categories: (i) ‘person aggrieved’; (ii) ‘stranger’; (iii) ‘busybody’ or ‘meddlesome interloper’. Persons in last […]
Read more "The Writ of Busybody Strangers / The Revival of Ray LXXXI"Orchestra Bars are required to secure premises and performance licenses. Court is no stranger to controversies relating to prohibition and restriction in participation of women from performances in establishments in Maharashtra: State of Maharashtra v. Indian Hotel and Restaurant Association, (2013) 8 SCC 519 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2015) […]
Read more "Morality of Orchestra Bars"By a Notification dated 03/12/2011, Staff Selection Commission invited applications for recruitment of Constables (GD) in Central Armed Police Forces (CAPFs) such as ITBP, BSF, CISF, CRPF and SSB and of Rifleman (GD) in Assam Rifles. My Lord, Candidates who have indicated preference to a Particular Service can be kept out of consideration for appointment […]
Read more "The Rules of The Game Principle VI / Recruitment of Constable, Rifleman"The expression ‘of the same nature’ in Section 83 of The Motor Vehicles Act, 1988 can have multiple meanings. This phrase, in its natural expression, would only mean having similar features. But then, would ‘same’ mean similar, identical, equivalent, comparable, interchangeable or related? Likewise, would ‘nature’ mean type, feature, texture, make, model, design, or generation? […]
Read more "Same Nature / The Revival of Ray LXXX"The Juvenile Justice (Care and Protection of Children) Act, 2000 stands repealed by The Juvenile Justice (Care and Protection of Children) Act, 2015. The procedure for determining age is now part of Section 94 of 2015 Act which was earlier provided under Rule 12 of The Juvenile Justice (Care and Protection of Children) Rules, 2007. […]
Read more "Claim of Juvenility II"My Lord, Was Resignation of Ms. X, on 15/07/2014, Voluntary? We are only examining, i) correctness of Order of Transfer, ii) rejection of ‘representations’ and iii) question as to whether ‘resignation’ could be construed to be voluntary or not. Ms. X tendered a ‘resignation’ on 15/07/2014, which was accepted by Government of Madhya Pradesh, Law […]
Read more "Involuntary Resignation"Elucidation on aspect of ‘care’ required to seek statutory protection under Section 131 is to be found in Indian Overseas Bank v. Industrial Chain Concern, (1990) 1 SCC 484. We must be realistic and pragmatic not to narrow down Banker’s protection under Section 131 to make Banker’s position vulnerable. Officers of Banks are not required […]
Read more "Banker’s Protection, The NI Act"Three-Judge Bench in Posts and Telegraphs Board v. C.S.N. Murthy, (1992) 2 SCC 317, after Baikuntha Nath v. Chief District Medical Officer, Baripada, (1992) 2 SCC 299, held, Courts would not interfere with exercise of power of compulsory retirement if arrived bona fide-ly and on basis of material available on record. Three-Judge Bench in Union […]
Read more "Compulsory Retirement II"Where a statute is adjudged to be unconstitutional, it is as if it had never been. Rights cannot be built up under it; contracts which depend upon it for their consideration are void; it constitutes a protection to no one who has acted under it and no one can be punished for having refused obedience […]
Read more "The Doctrine of Prospective Overruling I"Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, (2007) 3 SCC 184 delineated principles. These principles have been restated in Amarinder Singh v. Special Committee, Punjab Vidhan Sabha, (2010) 6 SCC 113. It is open to demonstrate, ‘action’ of Legislature is manifestly arbitrary. As expounded in Amarinder Singh, important consideration for scrutinizing exercise of legislative […]
Read more "Action Against Gross Disorder"Judgments cited on changing ‘rules of game midway’ referred to changes in selection criteria or procedure for selection. Those cases are distinguishable from case before us. _____ An examination can only reflect current competence of an individual but not gamut of their potential, capabilities or excellence, which are also shaped by lived experiences, subsequent training […]
Read more "The Rules of The Game Principle V / The Revival of Ray LXXIX"Two-Judge Bench in JP Builders v. A. Ramadas Rao, (2011) 1 SCC 429 observed, Section 16(c) of The Specific Relief Act, 1963 mandates ‘readiness and willingness’ of plaintiff and is a condition precedent to obtain relief of specific performance. Court further observed, ‘readiness’ refers to financial capacity and ‘willingness’ refers to conduct of plaintiff wanting […]
Read more "Readiness and Willingness I"State of Mizoram issued an invitation for ‘Expression of Interest’, through Institutional Finance and State Lottery, inviting bids for appointment of lottery distributors and selling agents for Mizoram State Lottery to be organized by Government of Mizoram in terms of The Mizoram Lotteries (Regulation) Rules, 2011 framed under The Lotteries (Regulation) Act, 1998. A purchaser […]
Read more "Competition in Lottery"The Trade Marks Act, 1999 came into force on 15th September, 2003. When a trade mark is identical with a registered trade mark and goods or services are identical too, Court shall presume it is likely to cause confusion on public. Court has pointed out, essentials of a passing off action cannot be equated […]
Read more "An Identical Trademark"It is well settled, Doctrine of Lis Pendens is based on ground, decision of a Court in a suit should be binding not only on litigating parties but also on those who derive title pendente lite. _____ Doctrine of Lis Pendens is based on maxim ‘pendente lite nihil innovetur’ which means ‘pending litigation, nothing new […]
Read more "The Doctrine of Lis Pendens"The main departure of The Companies Act, 2013 from statutory regime of The Companies Act, 1956 is specific inclusion of fraud ‘directly’ as a circumstance in which a Company could be wound up [See, Section 271 of 2013 Act, as it now stands after 2016]. Section 271(c) of The Companies Act, 2013 covers three circumstances […]
Read more "Fraud II"
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