Irretrievable Breakdown of Marriage IV

After a few mediation sessions before Supreme Court Mediation Centre, Sandesh submitted before us, he was not interested in pursuing a mediated settlement before Supreme Court Mediation Centre. However, Rinku and Sandesh agreed to attempt a mediated settlement before a Retired Judge of this Court. Consequently, Retd. Justice S. Ravindra Bhat was appointed as a […]

Review of Death Penalty XLII

We need to examine whether possibility of reformation is completely ruled out. Sambhubhai was 24, had no criminal antecedents and hails from a low socio-economic household as The Mitigation Investigation Report, filed by Project 39A, indicates. The Mitigation Report further indicates, Sambhubhai maintains family ties with his 64-year-old Mother who takes care of his 10-year-old […]

Right to Property II

Court has consistently held, right to property requires, procedural safeguards be followed to ensure fairness and non-arbitrariness in decision-making especially in cases of acquisition by State. Therefore, delay in approaching Court, while a significant factor, cannot override necessity to address illegalities and protect right to property. Court must balance need for finality in legal proceedings […]

Review of Death Penalty XLI

Constitution Bench in Triveniben v. State of Gujarat, (1989) 1 SCC 678 held, while considering delay in execution of Death Sentence, period consumed in judicial process culminating in confirmation of Death Sentence should not be taken into consideration. The question of execution arises only when Death Sentence becomes final. An ‘inordinate’ delay in execution […]

Aggrieved Person III

It is well settled, where a ‘citizen aggrieved’ by an action of Government Department has approached Court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended benefit without need for them to go to Court [Amrit Lal Berry v. Collector of Central Excise, New Delhi, (1975) 4 SCC […]

The Revival of Ray XCVI

Therefore, res judicata impacts not only actual matter determined, but every other matter which parties might or ought to have litigated and have decided as incidental to or essentially connected with subject matter of litigation. It includes every matter coming into legitimate purview of original action, both in respect of matters of claim and defence […]

61.6 Grams of Charas

During course of hearing a practical test was conducted and it was found, said underwear was not of Andrew Salvatore’s size. _____ 04.04.1990: Andrew Salvatore, an Australian, travelling from Thiruvananthapuram to Mumbai, while undergoing frisking, was found to be in possession of 55 grams and 6.6 grams of charas. _____ M.R. Ajayan has submitted, he […]

Referred to Larger Bench XVI Explained

Central Board of Dawoodi Bohra Community v. State of Maharashtra, (2005) 2 SCC 673 reiterated, if a Bench of Lower Strength is ‘doubtful’ about correctness of a Judgment delivered by a Bench of Larger Strength, it cannot ‘disagree’ or ‘dissent’. It can invite Chief Justice of India’s attention and request, the matter be listed before […]

Referred to Larger Bench XXX Answered: Unending Suspicion and Endless Cycle of Mistrust

Union of India v. Tantia Constructions Limited, 2021 SCC OnLine SC 271 prima facie disagreed with Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), [2019] 16 SCR 1234. In present reference, we have upheld decisions of this Court in TRF Ltd. v. Energo Engineering Projects Ltd., [2017] 7 SCR 409 and Perkins Eastman Architects DPC […]

Referred to Larger Bench I Answered: The Rule of The Game Principle XI

The eligibility criteria for being placed in select list, notified at commencement of recruitment process, cannot be changed midway through recruitment process. Even if such change is permissible under extant rules or advertisement, change would have to meet requirement of Article 14 and satisfy test of non-arbitrariness. K. Manjusree, (2008) 3 SCC 512 lays down […]

Order 23, Rule 1 of The Code of Civil Procedure, 1908

It cannot be declared as a general rule, merely because a legal proceeding is not a ‘suit’, it would be completely exempted from application of principles underlying Order 23, Rule 1. These principles, being in nature of public policy, bring efficiency and certainty to administration of justice by any Court and should be invoked and […]

The Nature of Judicial Power: Minority Judgment Value

It has been an adventure. If a Judgment is pronounced by a Bench of Seven Judges, with Four Judges constituting Majority, Majority Judgement will constitute a binding Judgment by a Bench of Seven Judges and not a Bench of Four Judges. This position of law has been clarified and settled by a Constitution Bench of […]

The Doctrine of Basic Structure IV / The Revival of Ray XCV

Chief Justice A.N. Ray in Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1 held, since the legislation is not subject to any other constitutional limitation, applying Doctrine of Basic Structure to test validity of a statute will amount to ‘rewriting the Constitution’. Learned Judge further observed, application of an undefinable Theory of Basic […]

The Revival of Ray XCIV

The issue before a Seven-Judge Bench of this Court in Bar Council of Maharashtra v. MV Dabholkar, (1975) 2 SCC 702 was whether State Bar Council was an ‘aggrieved party’ to maintain an appeal under Section 38 of The Advocates Act, 1961. Chief Justice A.N. Ray, writing for Majority, held, State Bar Council was an […]

The Nature of Judicial Power: Hon’ble Justice J.B. Pardiwala’s Dissent

In Re: Section 6A of The Citizenship Act, 1955, WP (Civil) No. 274 of 2009 Five-Judge Bench of this Court in Modern Dental College and Research Centre v. State of Madhya Pradesh, (2016) 7 SCC 353 observed, “Traditions that might have been acceptable at some historical point of time are not cast in stone. If […]

Review of Death Penalty XL

Eknath Kisan’s Daughter, Pramila was in inter-caste marriage. Learned Counsel for State of Maharashtra, Mr. Siddharth Dharmadhikari would contend, Courts have rightly awarded Death Sentence. Learned Senior Counsel, Dr. Aditya Sondhi has vehemently prayed, Eknath Kisan be acquitted. In alternative, it is prayed, Courts have failed to consider mitigating circumstances in proper perspective. Eknath Kisan’s […]

Justice Dr. D.Y. Chandrachud’s Tenure

Hon’ble Justice J.B. Pardiwala described, ‘tenure’ is derived from Latin: ‘tenere’, which means ‘to hold’.”[1] In a ‘tenure’ what does one even ‘hold’ considering Hon’ble Justice Dr. D.Y. Chandrachud himself declares, “We may not be masters of our destiny. Nor can we control what life has in store. What we can determine is how we […]

The Nature of Judicial Power: Caste in Prison Manuals

Our interpretation of the Constitution must fill silences in its text. Framers could not have anticipated every situation to arise in future. They also intentionally left certain decisions to discretion of future generations. However, choices we make today must align with broader constitutional framework and values. The fight against caste-based discrimination is not a battle […]

Shama’s Escape

‘Life is the art of drawing sufficient conclusions from insufficient premises.’ – Samuel Butler, Erewhon (1872). In present case, Appellants cleverly concocted a story of Shama escaping from their custody and created a record to buttress it. Not content therewith, Appellants also cooked up what is clearly a fabricated saga of Shama surfacing in Raipur and being convicted by a Railway […]

Broken Phones

Doctrine of Inchoate Crimes is a cornerstone of criminal jurisprudence. It is aimed at addressing legal culpability of those who engage in preparatory conduct. If unaware about Section 15 of The Protection of Children from Sexual Offences Act, 2012, this by itself does not give rise to a corresponding legitimate or reasonable ground to believe, […]

The Last Word

A Diversion for Lawyers and Others

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