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 […]
Read more "Referred to Larger Bench XVI Explained"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 […]
Read more "Referred to Larger Bench XXX Answered: Unending Suspicion and Endless Cycle of Mistrust"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 […]
Read more "Referred to Larger Bench I Answered: The Rule of The Game Principle XI"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 […]
Read more "Order 23, Rule 1 of The Code of Civil Procedure, 1908"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 […]
Read more "The Nature of Judicial Power: Minority Judgment Value"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 […]
Read more "The Doctrine of Basic Structure IV / The Revival of Ray XCV"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 […]
Read more "The Revival of Ray XCIV"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 […]
Read more "The Nature of Judicial Power: Hon’ble Justice J.B. Pardiwala’s Dissent"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 […]
Read more "Review of Death Penalty XL"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 […]
Read more "Justice Dr. D.Y. Chandrachud’s Tenure"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 […]
Read more "The Nature of Judicial Power: Caste in Prison Manuals"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, […]
Read more "Broken Phones"We accept view taken by High Courts of Delhi, Jammu and Kashmir and Ladakh, Bombay, Kerala, Madras and view expressed by High Court at Calcutta. Section 29A(4) requires interpretation. It states, where Arbitral Award is not made within specified period of 12 months [Section 29A(1)] or extended period of 6 months [Section 29A(3)], mandate of […]
Read more "Section 29A(4) of The Arbitration Act"There can be no doubt, it is not necessary to furnish copies of each and every document to which a casual or passing reference may be made in narration of facts and which are not relied upon by Detaining Authority. However, failure to furnish copies of such documents as are relied on by Detaining Authority […]
Read more "Preventive Detention Statute VI"Chand Diwan v. Jawaharlal Diwan, (1993) 3 SCC 406 squarely covers point. We find no ground to disbelieve, fact of her previous marriage was not concealed from her present husband. A bigamous marriage may be declared illegal. But, it cannot be said to be immoral so as to deny even right of alimony or maintenance […]
Read more "Referred to Larger Bench XXXIX (Answered): Maintenance in Bigamy"Whether it is to get individuals to stand as a guarantor for a loan transaction or as a surety in a criminal proceeding, choice for a person will very often be a close relative or a longtime friend. In a criminal proceeding, circle may get narrowed to protect one’s reputation. These are hard realities of […]
Read more "Surety"“Another study of 800 Movies showed, ‘nudity’ is a negative predictor of Box Office Revenue in U.S. (A. Cerridwen and D.K. Simonton, 2009).” – Smt. K.B. Valsalakumari, I.A.S. (Retd.)-Principal Secretary (Retd.), Government of Kerala in ‘Report of Expert Committee constituted by Government of Kerala‘. _____ U.S. Domestic Gross for Ang Lee’s Lust, Caution (2007) was […]
Read more "Caution for Lust in Hollywood"For over 50 yrs., High Court has been disposing of Writ Petitions raising claims or challenges to exercise of powers or dereliction of duties under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The propensity and proclivity of 1971 Act to generate litigation are worrisome. The exasperation of High Court is understandable. Court […]
Read more "Assessment of Statute"Most minerals are spatially located in a few mineral rich states, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Orissa, Rajasthan and West Bengal. Constitution is a living organic document and must be interpreted in that spirit [Saurabh Chaudri v. Union of India, (2003) 11 SCC 146 ; Navtej Singh Johar v. Union of […]
Read more "The Nature of Judicial Power: Typographical Errors"“Earth teaches us patience, love; Air teaches us mobility, liberty; Fire teaches us warmth, courage; Sky teaches us equality, broad-mindedness; Water teaches us purity, cleanliness.” State of Bihar v. Murad Ali Khan, (1988) 4 SCC 655, speaking through Venkatachaliah J, observed, “‘Every source from which man has increased his power has been used to diminish prospects of […]
Read more "The Doctrine of Intergenerational Equity"
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