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 […]
Read more "Fraud I"It is settled law, Court cannot interfere with soundness and wisdom of a policy. A policy is subject to judicial review on limited grounds [Asif Hammed v. State of Jammu & Kashmir, 1989 Supp (2) SCC 364; Sitaram Sugar Co Ltd. v. Union of India, (1990) 3 SCC 223; Khoday Distilleries Ltd. v. State of […]
Read more "Unchartered Ocean of Policy Decision III / The Revival of Ray LXXVII"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 […]
Read more "The Revival of Ray LXXVI"There is a subtle difference between a defective investigation and one brought forth by a calculated and deliberate action or inaction. While dealing with a defective investigation, Court is expected to sift evidence available and find out truth. Every case involves a journey towards truth. We are distressed to note, investigation has not been conducted […]
Read more "Colorable Investigation"A claim of juvenility may be raised at any stage of a criminal proceeding, even after a final disposal. An application claiming juvenility could be made either before Court or JJ Board. It is neither feasible nor desirable to lay down an abstract formula to determine age of a person. It has to be on […]
Read more "Claim of Juvenility I"The act of ‘touching’ sexual part of body or any other act involving ‘physical contact’, if done with ‘sexual intent’, would amount to ‘sexual assault’ within meaning of Section 7 of The Protection of Children from Sexual Offences Act, 2012. Restricting interpretation of words ‘touch’ or ‘physical contact’ to ‘skin to skin contact’ would not […]
Read more "Ut Res Magis Valeat Quam Pereat"Lord Diplock in Council of Civil Service Unions v. Minister for Civil Service, [1985] AC 374; Lord Greene in Associated Provincial Picture Houses Ltd. v. Wednesbury Corp., [1947] 2 All ER 680. An administrative action is subject to judicial review on grounds of illegality, irrationality and procedural impropriety. _____ When a person takes a chance […]
Read more "Risky Participation / The Revival of Ray LXXV"An interpreter, to deviate from defined meaning, should record reasons to show word/expression in a particular provision carries a different meaning; contrary context is not to be assumed or accepted easily, in absence of indication and reason to differ from defined meaning. Repugnancy is not indicated and does not arise in context of clause 22(ix)(a) […]
Read more "Repugnancy II"It manifests, legislative intent is to make The Real Estate (Regulation and Development) Act, 2016 applicable not only to projects which were yet to commence after RERA became operational but also to bring under its fold ongoing projects. The distinction between retrospective and retroactive has been explained in Jay Mahakali Rolling Mills v. Union of […]
Read more "Retrospective v. Retroactive II"Girdhari Lal Gupta v. D.H. Mehta, (1971) 3 SCC 189; State of Karnataka v. Pratap Chand, (1981) 2 SCC 335; Municipal Corporation of Delhi v. Ram Kishan Rohtagi, (1983) 1 SCC 1; Municipal Corporation of Delhi v. Purshotam Dass Jhunjunwala, (1983) 1 SCC 9; National Small Industries Corporation Limited v. Harmeet Singh Paintal, (2010) 3 […]
Read more "Vicarious Liability"Sarabjeet Singh Mokha is said to have procured fake Remdesivir injections which were administered to patients during COVID-19 pandemic to make illegal profits. Article 22 of the Constitution provides specific protections to undertrials and detainees in India. The communication of grounds is in aid of facilitating right of detenu to submit a representation against ‘order […]
Read more "Preventive Detention Statute II / The Revival of Ray LXXIV"“If you want to keep a secret, you must also hide it from yourself.” - George Orwell, 1984. Orwellian concern. September, 2018 – Citizen Lab released software capabilities of a ‘spyware suite’ called Pegasus, produced by NSO Group. Historically, privacy rights have been ‘property centric’ rather than ‘people centric’. In 1604, in Semayne’s case, 77 […]
Read more "The Nature of Judicial Power: Pegasus"There is a visible distinction between ‘preparation’ and ‘attempt’ to commit an offence and it all depends on statutory edict coupled with nature of evidence produced in a case; stage of ‘preparation’ consists of deliberation, devising or arranging means or measures, which would be necessary; an ‘attempt’ starts immediately after completion of ‘preparation’; ‘preparation’ or […]
Read more "Section 511, Indian Penal Code"Kalpraj Dharamshi v. Kotak Investment Advisors Ltd., (2021) SCC OnLine SC 204 considered applicability of Section 14 of The Limitation Act, 1963 to reckoning of limitation under Section 61(1) of The Insolvency and Bankruptcy Code, 2016. The law on limitation with respect to IBC is settled and emphatic in its denunciation of delays [Essar Steel […]
Read more "Condonation of Delay X: Special Statues"Gauri Lankesh was shot dead by unknown assailants, near her house at Rajarajeshwari Nagar [Bengaluru], on 05.09.2017. _____ This is limited to consideration of whether prior approval by Commissioner of Police [Bengaluru City], in connection with offence registered as Crime No. 221/2017, is valid or otherwise. We hold, same does not suffer from any infirmity. […]
Read more "Investigation II"H N Rishbud v. State of Delhi, (1955) 1 SCR 1150; Ramsinh Bavaji Jadeja v. State of Gujarat, (1994) 2 SCC 685; Union of India v. Prakash P. Hinduja, (2003) 6 SCC 195. What emerges is, an investigation commences upon receipt of information by Police which discloses commission of a cognizable offence. However, mere receipt […]
Read more "Investigation I"Estragon: Let’s go. Vladimir: We can’t. Estragon: Why not? Vladimir: We’re waiting for Godot. Samuel Beckett, Waiting for Godot, 1954. Let us now hark back to Waiting for Godot… with which, we started. National Green Tribunal must act, if exigencies so demand, without indefinitely waiting for metaphorical Godot to knock on its portal. NGT is […]
Read more "Environmental Jurisprudence I"The word ‘laches’ is derived from French, meaning “remissness and slackness”. A defence of laches can only be allowed when there is no statutory bar. The question as to whether there exists a clear case of laches is one of fact and so also of prejudice. The said principle may not have any application when […]
Read more "The Doctrine of Fairness"High Court’s conduct in not furnishing reasons is strongly deprecated. Reliance on Balaji Baliram Mupade v. State of Maharashtra, AIR 2020 SC 5758; Oriental Insurance Co. Ltd. v. Zaixhu Xie, (2020) SCC OnLine SC 1145 and Sudipta Chakrobarty v. Ranaghat S.D. Hospital, AIR 2021 SC 3344 is warranted. + There is no doubt, Public Interest […]
Read more "Crusader’s Jurisprudence / The Revival of Ray LXXIII"Suresh Lohiya v. State of Maharashtra, (1996) 10 SCC 397 struck a ‘discordant note’, drawing a distinction between ‘nature’s gifts’ such as charcoal, mahua flowers or minerals and articles produced with aid of human labour which, according to it, was not included in ‘forest produce’ under The Kerala Forest Act, 1961. Suresh Lohiya did not […]
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