“Judge who had rendered any decision in a smaller combination is not disqualified from being part of a Larger Bench when a Reference is made to the Larger Bench. Rather, it is a consistent practice prevailing in various High Courts as well as of this Court to include the same Judge/Judges in Larger Benches. Litigants […]
Read more "The Art of Recusal"Kedar Nath Motani, (1960) 1 SCR 861 had an occasion to consider the question of application of the maxims ‘ex turpi causa non oritur actio‘ and ‘ex dolo malo non oritur actio‘. Three-Judge Bench, speaking through M. Hidayatullah, J (as His Lordship then was), observed thus: “The correct position in law, in our opinion, is, […]
Read more "Ex Turpi Causa Non Oritur Actio"“I am glad, Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with appointment of Judges to Supreme Court of India. From time immemorial, mankind desired to have wise and humane Judges with the wisdom to discriminate between truth and falsehood. The legends of King Solomon and Dharmaraja and the like are […]
Read more "Appointment of Justice"A. “Albert Einstein spoke of change when he said, ‘world as we have created is a process of our thinking. It cannot be changed without changing our thinking’.” – Hon’ble Chief Justice of India, Hon’ble Justice T.S. Thakur, Board of Control for Cricket v. Cricket Association of Bihar, (2016) 8 SCC 535. B. “We would like […]
Read more "Albert, Albert Einstein"“We must first consider whether it is the 1940 Act or the 1996 Act which applies to the Arbitration Applications. It is settled law, the date of commencement of Arbitration Proceedings for the purpose of deciding which Act applies, upon a conjoint reading of Sections 21 and Section 85(2)(a) of the 1996 Act, shall be […]
Read more "Statutory Limitation of Arbitration"In Shrimati Indira Nehru Gandhi v. Shri Raj Narain, [1976 2 SCR 347] Ray CJ. and Chandrachud J. had laid stress on rule of law in our constitutional scheme. The term ‘rule of law’ is not a magic lamp which can be scratched to invoke a power which brings to any person in need whatever […]
Read more "The Discomfort of ADM Jabalpur II"Hon’ble Justice L. Nageswara Rao in State of Tamil Nadu v. G. Hemalathaa, Civil Appeal No. 6669 of 2019 quoted Chief Justice John Roberts in Caperton v. A.T. Massey, 556 U.S. 868 (2009). “Extreme cases often test the bounds of established legal principles. There is a cost to yielding to the desire to correct the […]
Read more "Hard Cases Make Bad Law"P.S. Malik, Additional District Judge [Dwarka, New Delhi], against whom disciplinary proceedings alleging sexual harassment is underway, filed a Writ Petition under Article 32. Supreme Court was quick to note, expression of opinion by Court on issues relevant and material in a disciplinary inquiry may cause prejudice. An important question was considered, nonetheless. The word […]
Read more "The Revival of Ray XXV"“Justice Krishna Iyer delivered a concurring opinion in Sushil Kumar Sen v. State of Bihar, (1975) 1 SCC 774, expressing a thought process which would be of significant relevance to the issue in hand. “The humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary […]
Read more "The Revival of Ray XXIV"“With effect from 01.09.2018, Section 143A was inserted in The Negotiable Instruments Act, 1881 by Amendment Act No. 20/2018. We are concerned only with applicability of said Section 143A to offences under Section 138, committed before insertion of said Section 143A. Section 143A not only creates a new disability or an obligation but also exposes […]
Read more "Section 143A, The NI Act"“It is the experience of the Judge that comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence.” – Hon’ble Justice Dipak Misra, Vikram Anantrai Doshi, (2014) 15 SCC 29. _____ I) Shankar, (2019) 5 SCC 166. II) Manjit Singh v. State of Punjab, [Criminal Appeal No. […]
Read more "Compromising the Non-Compoundable"Smuggling of huge volume of gold is common. Nisar Pallathukadavil Aliyar was the mastermind of the smuggling syndicate. Happy Dhakad abetted smuggling by receiving gold from Nisar Aliyar and disposing them off through outlets run by him and his relatives. _____ “On 28.03.2019 search and interception of a Honda Activa scooter and a Honda City car […]
Read more "Gold Smuggler, Nisar Aliyar"“The expression ‘Quasi-Judicial Order’ means a verdict in writing which determines and decides contesting issues and question by a Forum other than a Court. The determination has civil consequences. Explaining the meaning of ‘Quasi-Judicial Body’ in Indian National Congress (I) v. Institute of Social Welfare, (2002) 5 SCC 685 it was held, when any body […]
Read more "Quasi-Judicial I"Hon’ble Justice Arun Misra, while explaining Section 108 of The Companies Act [Ram Parshottam Mittal v. Hotel Queen Road Pvt. Ltd., Civil Appeal No. 3934 of 2017], quoted Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray [Mannalal Khetan v. Kedar Nath Khetan, (1977) 2 SCC 424]; My Lord, Mannalal Khetan v. Kedar Nath Khetan, […]
Read more "The Revival of Ray XXII"Appellant Nos. 1-44 – Builder-Buyer Agreement – Respondent/Builder. Respondent/Builder, Failed! Appellant Nos. 1-44, NCDRC, Consumer Complaint. “National Commission concluded, the case could not be accepted as a class action and dismissed same. The dismissal of the case as class action is questioned. In T.N. Ganapathy, (1990) 1 SCC 608 it was held, persons who may […]
Read more "Class Action, Consumer Disputes I"Patrick Anthony Howard ‘Paddy’ Upton is famous for his powers of mental conditioning and coaching. An excerpt from Paddy Upton, The Barefoot Coach, (Westland Sport, 2019). “It is worth having a conversation about the concept of ‘mental toughness’, which is currently the most overused and least understood concept in sports psychology. I neither agree with […]
Read more "Mental Toughness in Sports and Life"“Respondent who was working with State Bank of India at Puducherry was discharged from service for an offence involving moral turpitude. Whether an offence involves moral turpitude or not depends upon facts and circumstances. Ordinarily, tests that can be applied for judging an offence involving moral turpitude are: a) whether the act leading to a […]
Read more "Moral Turpitude II"Sacred Games, Season 1 (2018, dir. Anurag Kashyap, Vikramaditya Motwane) was showcased by Netflix in June, 2018. Writ Petition (Civil) No. 7123 of 2018 was filed before Delhi High Court against Sacred Games soon after. One word used in Episode 4 [‘Brahmahatya‘] deserved correction. It remains unchanged. 09.04.2019 – Writ Petition (Civil) No. 7123 of […]
Read more "Sacred Games"“Something is rotten in the State of Denmark“, sensed Marcellus, said Shakespeare in Hamlet, and it can similarly be said, something is rotten in Allahabad High Court, said Hon’ble Judges Markandey Katju and Gyan Sudha Misra in Raja Khan v. U.P. Sunni Central Waqf Board, (2011) 1 SCC (LS) 359. The rot was, of course, […]
Read more "Then Mark, Denmark"“Court is tasked with determining whether a death due to malaria occasioned by a mosquito bite in Mozambique, constituted a death due to accident. Debashis Bhattacharjee was working as a Manager of a Tea Factory at Cha-De-Magoma, District: Gurue, Province: Zambezia, Republic of Mozambique. In order to constitute an accident, the event must be in […]
Read more "Malaria in Mozambique"
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