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 […]
Read more "Spill the Beans"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 […]
Read more "Entertainments"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. […]
Read more "Minimum Service Tenure"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, […]
Read more "Judges & Politicians & Social Media"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 […]
Read more "Mini Trial"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 […]
Read more "Disciplinary Proceedings XI"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 […]
Read more "Ordinary Man"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"
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