45 Years of E.P. Royappa Determination of Equation of Pay Scales: Government, Experts; Not Courts [SAIL, (2011) 11 SCC 122; S.C. Chandra, (2007) 8 SCC 27]. Determinative Factors in Equation of Posts: a) Prescribed Minimum Qualification; b) Nature and Duty [E.P. Royappa, (1974) 4 SCC 3]; c) Responsibility and Power; Salary [P.K. Roy, AIR 1968 SC […]Read more "Principle of Parity II / The Revival of Ray XI"
“There can be no doubt that a mere breach of contract is not in itself a criminal offence. However, as held by this Court in Mridaya Ranjan Prasad, (2000) 4 SCC 168 the distinction between mere breach of contract and cheating, which is a criminal offence, is a fine one. Breach of contract would amount […]Read more "Section 482 of The Code of Criminal Procedure, 1973 III: Deception at Inception"
“Equality means parity of treatment under parity of conditions. The rule of parity is the equal treatment of equals in equal circumstances.” – Chief Justice of India, Hon’ble Justice A.N. Ray, State of Kerala v. N.M. Thomas, AIR 1976 SC 490. “The imposition of a penalty in disciplinary proceeding lies in the sole domain of […]Read more "Principle of Parity I"
“There is a chequered history in this case, which is getting curious with each round of litigation. In English parlance, the word ‘suitable’ is assigned the meaning as ‘appropriate, fitted for the purpose or acceptable’. The Concise Oxford Dictionary defines the word ‘suitable’ as ‘well fitted for the purpose; appropriate’. This ordinary meaning is to […]Read more "Suitable"
Dio non fa mai retromarcia con il suo amore Offences involving ‘moral turpitude’ were in discussion recently in Union Bank of India v. C.G. Ajay Babu, [Civil Appeal No. 8251 of 2018]. You may read Section 4(6)(b) of The Payment of Gratuity Act, 1972. ‘Moral turpitude’ describes conducts which are: inherently vile, depraved; immodest; shameful and wicked [Pawan Kumar, (1996) 4 SCC 17 and Sushil […]Read more "Moral Turpitude I"
Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, a mensa et […]Read more "A Mensa Et Thoro"
“It is a well settled position of law that the testimony of a witness cannot be discarded in toto merely due to the presence of embellishments or exaggerations. The doctrine of ‘falsus in uno, falsus in omnibus’, which means ‘false in one thing, false in everything’ has been held to be inapplicable in the Indian […]Read more "Falsus in Uno, Falsus in Omnibus"