Manoj Parihar v. State of Jammu and Kashmir, (2022) 14 SCC 72 opined, Doctrine of Prospective Overruling must be exercised in explicit terms and therefore, law declared by this Court would have a retrospective effect unless stated otherwise. It would not be an absolute rule, prospective overruling or prospective operation of a decision must be […]
Read more "The Doctrine of Prospective Overruling III"“When you learn a language, you don’t just learn to speak and write a new language. You also learn to be open-minded, liberal, tolerant, kind and considerate towards all mankind.” Before language became a tool for learning, its earliest and primary purpose was, and will always remain to be, communication. Coming back to our case, […]
Read more "Language of Courts II"A treasure trove of questions, hidden in seemingly innocuous and plain language used in Article 200, has opened up. The question of whether Governor is bound to act on aid and advice of Council of Ministers in all circumstances, fell for consideration of this Court in Samsher Singh v. State of Punjab, (1974) 2 SCC 831. It is […]
Read more "As Soon As Possible / The Revival of Ray XCVII"“We have received only adjournments from this Court, but we have never received justice.” Who are those in District Judiciary, especially responsible for delays? None of us would be able to answer comprehensively. Should we call it The Commodore Lokesh Batra Situation? Commodore Lokesh Batra had requested for information from Registry of Supreme Court in […]
Read more "Tareekh pe Tareekh"Courts have authority to determine appropriate interest rate, considering totality of facts and circumstances in accordance with law. That apart, Courts have discretion to decide whether interest is payable from date of institution of suit, a period prior to that, or from date of decree, depending on specific facts of each case. Court must ensure, […]
Read more "Costs Jurisprudence III: Interest Rates"“Those who are blood thirsty, listen to us. If a fight for our rights is met with injustice, we will meet that injustice with love. If drops flowing from a candle are like a flame, we will use it to light up all paths if bodies of our loved ones are a threat to your […]
Read more "Hon’ble Justice Abhay S. Oka’s Beautiful Mind"Indian Council of Social Science Research is under total financial and administrative control of Ministry of Education, Government of India. Centre for Research in Rural and Industrial Development is under grant-in-aid of ICSSR. But, this itself cannot be called a ‘deep and pervasive control’. A ‘deep and pervasive control’ would require much more than just […]
Read more "Deep and Pervasive Control"A transfer of cases under Section 406, Cr.P.C. may be allowed when there is a reasonable apprehension backed by evidence, justice may not be done. A mere convenience or inconvenience of parties may not by itself be sufficient enough to pray for a transfer. Some broad factors which could be kept in mind are, i) […]
Read more "The Real Apprehension in Transferring Cases III"A ‘stigma’ is indicative of a blemish, disgrace indicating a deviation from a norm. Where there is a discharge from service after prescribed probation period was completed and discharge was not based solely on assessment of employee’s work and conduct during probation, termination was held to be ‘stigmatic’ and punitive [Jaswantsingh Pratapsingh Jadeja v. Rajkot […]
Read more "Stigma"Section 4(6)(b)(ii) of The Payment of Gratuity Act, 1972 enables ‘forfeiture of gratuity’, wholly or partially, if delinquent employee is terminated for any act which constitutes an offence involving ‘moral turpitude’, if offence is committed in course of his employment. The provision of ‘forfeiture of gratuity’ does not speak of a conviction in a criminal proceeding. […]
Read more "Moral Turpitude IV"MA Ganapathy retired as Director General of National Security Guard in 2024. He has written 112 pages, carrying 12 stories! As said, these stories are intended to convey some kind of wonderment and escape from vicissitudes of a humdrum existence, while hinting towards real possibility of life beyond life as we know it. An excerpt. […]
Read more "Whispers in the Shadows"The idea of compassionate appointment is not to provide for endless compassion [I.G. (Karmik) v. Prahalad Mani Tripathi, (2007) 6 SCC 162]. Any appointment without considering financial condition of the family of a deceased is legally impermissible [Union of India v. Amrita Sinha, (2021) 20 SCC 695]. The right to apply cannot be exercised at […]
Read more "Compassionate Appointment VII"Justice S.R. Das pertinently observed in Rananjaya Singh v. Baijnath Singh, (1954) 2 SCC 314, “The spirit of the law may well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the Sections of the Act.” In other words, the […]
Read more "Spirit of the Law"“We may reiterate, therefore, the certificate required under Section 65B(4) is a condition precedent to admissibility of evidence by way of electronic record, as correctly held in Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473.” Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 3 SCC 216 referred and Three-Judge Bench in Arjun Panditrao Khotkar […]
Read more "Review of Death Penalty XLIII"While RPG Industrial Products Pvt. Ltd. deals in polyester wool, RPG Enterprises Limited does cover clothing, footwear, and headgear too. Since ‘RPG‘ has already been declared as a well-known mark, it is entitled to protection not only against identical or similar goods, but also against dissimilar goods. Full Bench of Calcutta High Court in Sony […]
Read more "R.P.G."Will a Husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his Wife if his Wife refuses to return to her matrimonial home? After having secured said restitution decree, Dinesh did nothing! He neither sought execution under Order XXI, Rule 32 CPC nor did he seek a divorce […]
Read more "Restitution of Conjugal Rights"It is a disconcerting reality. Secretary, State of Karnataka v. Uma Devi, (2006) 4 SCC 1 is often misinterpreted or misapplied to deny legitimate claims of long-serving employees. Government often cites and distorts Uma Devi’s spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades. Where appointments were not ‘illegal’ […]
Read more "Misinterpretation of Uma Devi"The evidence collected during course of investigation in a legal and proper manner and sought to be used in course of trial with regard to a seized contraband substance could not be simply brushed aside on ground of a procedural irregularity committed. Union of India v. Mohanlal, (2016) 3 SCC 379 nowhere held, non-compliance or […]
Read more "Section 52A of The NDPS Act"After a few mediation sessions before Supreme Court Mediation Centre, Sandesh submitted before us, he was not interested in pursuing a mediated settlement before Supreme Court Mediation Centre. However, Rinku and Sandesh agreed to attempt a mediated settlement before a Retired Judge of this Court. Consequently, Retd. Justice S. Ravindra Bhat was appointed as a […]
Read more "Irretrievable Breakdown of Marriage IV"We need to examine whether possibility of reformation is completely ruled out. Sambhubhai was 24, had no criminal antecedents and hails from a low socio-economic household as The Mitigation Investigation Report, filed by Project 39A, indicates. The Mitigation Report further indicates, Sambhubhai maintains family ties with his 64-year-old Mother who takes care of his 10-year-old […]
Read more "Review of Death Penalty XLII"
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