Phrases

The Rules of The Game Principle IV

Number of candidates was not quite large. 4270 in U.P. Public Service Commission v. Subhash Chandra Dixit, (2003) 12 SCC 70. 51524 and 5748 in preliminary and main examinations respectively in Sanjay Singh v. U.P. Public Service Commission, Allahabad, (2007) 3 SCC 720. 3000 in Mahinder Kumar v. High Court of Madhya Pradesh, (2013) 11 […]

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Act of God

As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]

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Section 34(4) of The Arbitration Act

To differentiate between ‘findings’ and ‘reasons’, Mr. K.V. Viswanathan relied on Income Tax Officer, A-Ward, Sitapur v. Murlidhar Bhagwan Das, AIR 1965 SC 342. It is clear, “finding is a decision on an issue”. J. Ashoka v. University of Agricultural Sciences, (2017) 2 SCC 609 held, “reasons are the links between the materials on which […]

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Class Action, Consumer Disputes II

We cannot read, a word in singular, namely: ‘consumer’, will not include plural. If vowel ‘a’ and word ‘consumer’ appearing in Section 2(5)(i) of The Consumer Protection Act, 2019 are to be understood to exclude more than one person, it will result in a disastrous consequence while reading Section 2(5)(vi). A way of interpreting Section […]

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Compassionate Appointment IV

Learned Senior Counsel made a request to wait for a decision. “We do not consider it necessary to do so.” Only after Reference to Larger Bench in State Bank of India v. Sheo Shankar Tewari, (2019) 5 SCC 600 this Court decided Indian Bank v. Promila, (2020) 2 SCC 729; N.C. Santhosh v. State of […]

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Justice Ranjan Gogoi’s Justice

Dibrugarh offered a simple, uncomplicated lifestyle and we grew up in a milieu with a consistent feel-good ambience. My greatest satisfaction as a Lawyer was, help I could render to my Father outside Court when he had faced a disqualification under Tenth Schedule in 1994. P.K. Goswami, Senior Advocate, represented my Father. Amitava Roy [Retired […]

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Contracts of Insurance IV

“Insurance is a contract of speculation. Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of the fact, and his believing the contrary.” – Lord Mansfield, Carter v. Boehm, (1766) 3 Burr 1905. What is necessary to be disclosed are ‘material facts’ which […]

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The Doctrine of Waiver

Waiver is abandonment of a right which normally everybody is at liberty to waive [Pravesh Kumar Sachdeva v. State of Uttar Pradesh, (2018) 10 SCC 628]. Waiver of mandatory requirement of a statute was considered by this Court in depth in Commissioner of Customs, Mumbai v. Virgo Steels, Bombay, (2002) 4 SCC 316. Similarly, in […]

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Faction-Ridden Village Community

A land dispute caused loss of life of Abdul Wahab. An endeavour to escape by taking shelter did not succeed. Taijuddin said, “Wahab is there in house of Shorab“. It is right, mere fact of not being brave enough to conceal where Wahab was hiding doesn’t make Taijuddin part of an unlawful assembly. Once we […]

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Environmental Jurisprudence II

United Nations Conference on Human Environment at Stockholm in 1972, United Nations Conference on Environment and Development known as Rio de Janeiro Earth Summit in 1992, World Summit on Sustainable Development in Johannesburg in 2002 and Glasgow Climate Change Conference in 2021 have all voiced grave concerns about global environmental degradation resulting in extinction of […]

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Witness Protection

Mrinal Das v. State of Tripura, (2011) 9 SCC 479 observed, credible evidence even of a hostile witness can form basis for conviction in a criminal trial. It is a harsh reality, particularly, in those cases where accused persons/criminals are tried for heinous offences, or where accused persons are influential persons or in a dominating […]

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Fraud I

As per settled proposition of law, mere mentioning and using of word ‘fraud’/’fraudulent’ is not sufficient to satisfy test of ‘fraud’. Hon’ble Justice Vivian Bose, Bishundeo Narain v. Seogeni Rai, (1951) SCR 548: “Now if there is one rule which is better established than any other, it is – in cases of fraud, undue influence and […]

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The Revival of Ray LXXVI

After Narayan Govind Gavate v. State of Maharashtra, (1977) 1 SCC 133 a ‘discordant note’ came to be struck in Pista Devi, (1986) 4 SCC 251. Chameli Singh, (1996) 2 SCC 549 proceeded to consider decisions in Gavate, Pista Devi and Rajasthan Housing Board, (1993) 2 SCC 84. Chameli Singh was not noticed in Om […]

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