The Plea of Limitation XII: Written Statements, District Consumer Forums II

“By specifically enacting a provision under Sub-Section (3) of Section 13, with a specific clarification that violation of the principles of natural justice shall not be called in question where the procedure prescribed under Sub-Sections (1) and (2) of Section 13 of The Consumer Protection Act, 1986 has been followed or complied with, the intention […]

Unconscionable Bargain

“In Brojo Nath Ganguly, (1986) 3 SCC 156 this Court considered the concept of unconscionable bargain. “The word ‘unconscionable’ is defined in Shorter Oxford English Dictionary, [Third Edition, Volume II, Page 2288] when used with reference to actions, etc. as “showing no regard for conscience; irreconcilable with what is right or reasonable”. An unconscionable bargain […]

Referred to Larger Bench XXII: Mandatory Preliminary Inquiry

My Lord, Preliminary Inquiry u/Section 340 – Mandatory – Before Complaint u/Section 195? “In any event, given Three-Judge Bench in Sharad Pawar, (2010) 15 SCC 290 did not assign any reason as to why it was departing from a Coordinate Bench in Pritish, (2002) 1 SCC 253 and a Constitution Bench in Iqbal Singh Marwah, […]

A “Means and Includes” Definition IV

“It will be noticed that the definition is an exhaustive one as it uses the expression “means and includes”. It is settled law that such definitions are meant to be exhaustive in nature [2014 (10) SCALE 394].” “It will be noticed that the definition is a ‘means’ and ‘includes’ one. It is well settled that […]

Section 362 of The Code of Criminal Procedure, 1973

Section 362 begins with the words “save as otherwise provided by this Code or by any other law for the time being in force”. Legislature was aware that there are situations where altering or reviewing of a Criminal Court Judgment is contemplated in the Code itself or any other law for the time being in […]

May & Shall I

“It is not quite accurate to say that the word ‘may’, by itself, acquires the meaning of ‘must’ or ‘shall’ sometimes.” – Dharti Dhan, (1977) 2 SCC 166. “It is not to be taken that once the word ‘may’ is used, it per se would be directory. In other words, it is not merely the […]

Anticipatory Bail II

“Gurbaksh Singh Sibbia, (1980) 2 SCC 565 holds the field for number of years and the same has been followed by all Courts in the country. Therefore, Siddharam Satlingappa Mhetre, (2011) 1 SCC 694 is not correct law in light of the observations made in Paragraphs 42 and 43 in Gurbaksh Singh Sibbia. Salauddin Abdulsamad […]

Quia Timet I

“In Fletcher v. Bealey (1884) 28 Ch. D. 688 a quia timet action was asked for to interdict the tort of nuisance in order to prevent noxious liquid from flowing into a river. Pearson, J after referring to earlier Judgments on quia timet action then held: “I do not think, therefore, that I shall be […]

Legal Malice I

“In a Judgment reported as HMT Ltd. v. Mudappa, (2007) 9 SCC 768 quoting from earlier Judgment of this Court reported as State of A.P. v. Goverdhanlal Pitti, (2003) 4 SCC 739 it was held that ‘legal malice’ or ‘malice in law’ means ‘something done without lawful excuse’. It is an act done wrongfully and […]

Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015

Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Sidharth Luthra submitted, ‘petty […]

Irretrievable Breakdown of Marriage II

“The loneliness and lack of co-habitation is stated to have caused physical and mental torture. Multiple efforts have been made even by this Court, but to no avail. The psychologist opined, the separation of 16 years since 2003 had made both the parties bitter and cynical about the relationship and there was no sign of […]

The Myth of Peaceful Protest

538 is the number of former students of National Law School of India University, Bangalore [NLSIU] who ‘demanded’ repeal of The Citizenship (Amendment) Act, 2019 [CAA]. They extended unconditional support to all those who choose to exercise their fundamental right to speech and assembly to ‘express dissent peacefully’. 402 is the number of former students […]

Medical Negligence and Consumer Law II

“Medical negligence comprises of the following constituents: (i) legal duty to exercise due care on the part of the medical professional; (ii) failure to inform the patient of the risks involved; (iii) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (iv) if the risk had been disclosed, the […]

Section 11(6A) of The Arbitration Act

“Section 11(6A) was added by The Amendment Act of 2015. Section 3 of The Amendment Act of 2019 insofar as it pertains to omission of this Sub-Section has not yet been brought into force. Omission of the Sub-Section is not so as to resuscitate law that was prevailing prior to The Amendment Act of 2015. […]

The De Facto Doctrine

Justice Mookerjee held the following in Pulin Behari Das v. King Emperor, 16 CWN 1105. The acts of officers de facto performed by them within the scope of their assumed official authority, in the interest of the public or third persons and not for their own benefit, are generally as valid and binding as if […]

Prohibition of Child Marriage

Section 2(a) of The Prohibition of Child Marriage Act, 2006 defines ‘child’ as a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age. A ‘child marriage’ means a marriage to which either of the contracting parties is a child. Hardev Singh […]

Section 11(6) of The Arbitration Act III

Dicitex was facing financial distress and economical duress. Oriental Insurance had insisted Dicitex to sign a clean discharge voucher and to withdraw the letter of protest addressed by it, failing which, Oriental Insurance would not release the amount reflected in the discharge voucher. HC allowed an application under Section 11(6), preferred by Dicitex, and appointed […]

Section 2(1)(d) of The Consumer Protection Act, 1986 II

“Court has to look at ‘dominant purpose’ for which purchase is made in order to decide whether it was for a ‘commercial purpose’. We are of considered opinion, purchase of flats for purpose of providing hostel facilities to hospital nurses does not qualify as meant for a ‘commercial purpose’. Though ‘commercial purpose’ as referred to […]

Rule of Law

“The expression ‘rule of law’ can be traced back to the great Greek philosopher Aristotle, who lived 2,400 years ago. “It is better for the law to rule than one of the citizens… so that even the guardians of the law are obeying the laws.” – Brian Z. Tamanaha, Rule of Law. Bona fide criticism […]

The Nature of Judicial Power: Proprietary Claims of Religion

“Janmaasthan of Lord Ram is where Babri Mosque has been constructed.” Mikhail Tal, born on 09.11.1936, said once, “you must take your opponent into a deep dark forest where 2+2=5 and path leading out is only wide enough for one.” M Siddiq v. Mahant Suresh Das, [Civil Appeal Nos. 10866-10867 of 2010], pronounced on 09.11.2019, […]

The Last Word

A Diversion for Lawyers and Others

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