“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"“The principle of ‘incorporation by reference’ of an Arbitration Clause, from another document or contract, is a well-established principle in Arbitration Jurisprudence [Clements v. Devon Country Insurance Committee, [1918] 1 KB 94; Macleod Ross and Co. Ltd. v. Compagnie d’ Assurances Generales L’Helvetia of St Gall, [1952] 1 Lloyd’s Rep 12 (CA)]. This principle has […]
Read more "Section 7(5) of The Arbitration Act IV"Md. Aziz Ali, Md. Kutub Ali, Md. Mamud Ali and Samir Ali, fast asleep in their home in the early hours of the morning, oblivious to their imminent fate, were mercilessly murdered in a barbaric manner by armed accused, without any instigation or provocation. The incident took place at about 06.00 A.M. on 09.11.1995. Though […]
Read more "I, Eye-Witness"Hon’ble Justice S Rangarajan in Delhi Cloth & General Mills Co. Ltd., ILR (1975) II Delhi 174 noticed: “The words employed – might and ought – are cumulative; they are not in the alternative.” The words ‘might’ and ‘ought’ are used in a conjunctive sense. Lord Morris in Kameswar Pershad, 1892 SCC Online PC 16 […]
Read more "Might and Ought"‘De Facto’ Possessor of Object v. ‘De Jure’ Owner of Object ≈ ‘Actually’ Has v. ‘Ought’ to Have “A person who asserts possessory title over a particular property must show that he is under settled or established possession of the said property – settled possession means such possession over the property which has existed for […]
Read more "Animus Possidendi"Appellant was convicted and awarded Capital Punishment, confirmed by High Court of Madhya Pradesh. Ruby was married to Sanjay. Appellant ‘coveted’ her; ‘warned’ her, he would not allow her to ‘live with anybody else’; ‘threw acid’, burning and injuring family members, killing her. There is no ‘conjecture’, ‘surmise’ or ‘inference’ in narration of witnesses; evidence […]
Read more "Review of Death Penalty VI"“Two Judge Bench in State Bank’s Staff Union (Madras Circle) v. Union of India, (2005) 7 SCC 584 had occasion to examine the concept. Further in Jay Mahakali Rolling Mills v. Union of India, (2007) 12 SCC 198 following has been laid down: “Retrospective means looking backward, contemplating what is past, having reference to a […]
Read more "Retrospective v. Retroactive I"“It is true, an extra-judicial confession is used against its maker but as a matter of caution, it is advisable for Court to look for a corroboration with other evidence on record. In Gopal Sah, (2008) 17 SCC 128 this Court held, an extra-judicial confession is, on the face of it, weak evidence and Court […]
Read more "Extra Judicial Confessions II"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"07.01.2019 My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972? “No. Clearly Not. See, Ahmedabad Pvt. Primary Teachers’ Association, (2004) 1 SCC 755.” – Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. State of Jharkhand, [Civil Appeal No. 2530 of 2012]. _____ 09.01.2019 My Lord, Teachers are […]
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