Referred to Larger Bench XXXVI (Answered): Principles of Natural Justice X

Chief Justice Sabyasachi Mukharji in Charan Lal Sahu v. Union of India, (1990) 1 SCC 613 felicitously described, “Principles of Natural Justice are fundamental… no man or no man’s right should be affected without an opportunity to ventilate his views… we are also conscious, justice is a psychological yearning.” This echoes what Lord Megarry said […]

Claim of Juvenility VIII

The procedure provided under Sections 15 and 19 of JJ Act, 2015 has been held to be ‘mandatory’ by this Court in Ajeet Gurjar v. State of Madhya Pradesh, 2023 SCC Online SC 1255. Court held, ‘may’ in Section 19(1) be read as ‘shall’. As can be seen, there has been a flagrant violation of […]

The Revival of Ray XCIII

In matters of appointment of Judicial Officers, opinion of a High Court is not a mere formality because a High Court is in best position to know about suitability of candidates as District Judges. Constitution therefore expects Governors to engage in ‘constructive constitutional dialogue’ with High Courts before appointing persons to a post of a […]

Illegal Gratification IV

Duality of Sir Amitabh in Shahenshah, (1998) as a Corrupt-Comic Police Officer and a Costumed Crime-Buster compelled many to wonder, what did Sir Amitabh do with his illegal gratifications? No matter what you answer, acceptance of those gratifications were without law. Court has not refrained from reconsidering a prior construction, if it proves to be […]

The Nature of Judicial Power: Asian Resurfacing

High Court is constitutionally independent and not subordinate to Supreme Court. _____ We do not live in an ideal world. Constitution Bench of Sanjeev Coke Manufacturing Company, (1983) 1 SCC 147 held, “We have serious reservations on whether it is open to a Court to answer academic or hypothetical questions. We think it is inexpedient […]

Curative Jurisprudence

Registrar: “Curative Petitions filed were heard and disposed of in an Open Court. In this regard, Rule 2(1), Order XLVIII, S.C.R., 2O13 reads: Petitioner, in Curative Petition, shall aver specifically, grounds mentioned therein had been taken in Review Petition and it was dismissed by circulation. Since aforesaid Review Petitions were disposed of in an Open […]

The Little Pencil

Ensuring a free and fair electoral process is imperative to maintain legitimacy of trust in a representative democracy. Kuldeep Kumar is declared to be validly elected as Mayor of Chandigarh Municipal Corporation. We echo observations by Justice VR Krishna Iyer in Mohinder Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405. “At the bottom […]

The Rules of The Game Principle X

Pt. Deendayal Upadhyaya Institute for Physically Handicapped called for appointment of Primary School Teachers and reserved a right to evaluate, review its process of selection at any stage. This one is a classic case of arbitrary action. While primary duty of Constitutional Courts remains control of power, including setting aside of illegal or arbitrary actions, such […]

Deep Association of Money and Politics

The fear of reprisal and vindictiveness does not evaporate. The so-called protection exists only on paper. – Hon’ble Justice Sanjiv Khanna, Association for Democratic Reforms v. Union of India, [Writ Petition (Civil) No. 880 of 2017]. Constitution guarantees a right to informational privacy of political affiliation. Can such right be extended to contributions to political […]

Principle of Generality v. Enumeration

Where a statute confers particular powers without prejudice to generality of a general power already conferred, those particular powers are only illustrative of the general power and do not in any way restrict the general power. However, the general power cannot be so exercised as to bring into existence ‘substantive rights or obligations or disabilities’ […]

Gurwinder’s Bail

On 19.10.2018, secret information was received about 2 hanging cloth banners, on which Khalistan Jindabad and Khalistan Referendum 2020 was written, at Pillars Kot Mit Singh Flyover, Amritsar. Language of bail limitation adopted in Section 43D(5) of The Unlawful Activities (Prevention) Act, 1967 remains unique. Courts are burdened with a sensitive task. Call Detail Records […]

Forfeiture in Public Auctions

Learned Senior Counsel, Dr. S. Muralidhar vehemently submitted no error could be said to have been committed by High Court. We set aside. Harshness of a provision is no reason to ‘Read Down’ same. _____ Privy Council in Kunwar Chiranjit Singh v. Har Swarup, (1926) 23 LW 172 was referred to and relied upon by […]

Earlier Clause v. Later Clause

A proposition traceable to Forbes v. Git, [1922] 1 AC 2564 was approvingly taken note of by a Three-Judge Bench of this Court in Radha Sundar Dutta v. Mohd. Jahadur Rahim, AIR 1959 SC 24. “If in a deed an earlier clause is followed by a later clause which destroys altogether the obligation created by […]

Disclosure

At this stage, we deem it necessary to expound on the meaning of ‘disclosure’. As per P. Ramanatha Aiyar, ‘to disclose’ is to expose to view or knowledge, anything which before was secret, hidden or concealed. The word ‘disclosure’ means to reveal, unravel or bring to notice [CIT v. Bimal Kumar Damani, (2003) 261 ITR […]

Accused No. 37, Mastermind Naidu

Case of State against Nara Chandrababu Naidu is, Naidu was a mastermind. Learned Senior Advocate, Mr. Mukul Rohtagi argued, since, at time of commission of offence, protective shield of Section 17A of The Prevention of Corruption Act, 1988 was not in force, Naidu could not claim benefits thereof. I do not accept. It has been already observed by me, […]

Pardon Jurisprudence IV

“The finest hour of rule of law is when law disciplines life and matches promise with performance.” A woman deserves respect. Bilkis Yakub Rasool, being an unfortunate victim of heinous crimes, is challenging en-masse remission granted to Respondent Nos. 3 to 13. The place of occurrence of an incident or place of imprisonment are not […]

Adani Group of Companies

‘Acceptance of a Brief by a Lawyer’ in 2007 cannot be construed to reflect ‘bias’ or even a ‘likelihood of bias’ in 2023. There is an absence of proximity both in terms of time and subject matter. Writ Petitions filed before this Court raised concerns over precipitate decline in investor wealth and volatility in share […]

The Nature of Judicial Power: Hon’ble Justice Dipankar Datta’s Definitive Dissent

It is essential to emphasize, while Afjal did not enumerate any material facts regarding ‘irreversible consequences’, High Courts or Supreme Court are well empowered to take judicial notice of consequences. – Hon’ble Justices Surya Kant and Ujjal Bhuyan, Afjal Ansari v. State of Uttar Pradesh, [Criminal Appeal No. 3838 of 2023]. Surya Kant J’s Judgment […]

Referred to Larger Bench XXV Answered Again: Doctrine of Separability of Arbitration Agreement

Curative Petition (C) No. 44 of 2023 Review Petition (C) No. 704 of 2021 Civil Appeal No. 1599 of 2020 _____ Approach of Majority in N.N. Global 2 would render unstamped agreements void ab initio and not void. _____ We enter into contracts or agreements several times in our interactions with others. To hold an […]

Honourable Acquittal VI

“Expressions like ‘benefit of doubt’ and ‘honourably acquitted’ are not to be understood as magic incantations. Court of law will not be carried away by mere use of such terminology. Court is obliged to examine substance.” _____ My Lord, Ram Lal altered Date of Birth from 21.04.1974 to 21.04.1972 in 8th Standard Marksheet? No. Ram Lal was a Constable […]

The Last Word

A Diversion for Lawyers and Others

Primacy of Views