Referred to Larger Bench XVIII: Arbitrability, The Transfer of Property Act

“It will be noticed that ‘validity’ of an Arbitration Agreement is apart from its ‘existence’. One moot question that therefore, arises, and which needs to be authoritatively decided by a Bench of Three Learned Judges, is whether the word ‘existence’ would include weeding-out Arbitration Clauses in agreements which indicate that the subject-matter is incapable of […]

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Referred to Larger Bench V Answered: Maintainability of Reivew Petitions

My Lord, Special Leave Petition, AGAINST IMPUGNED ORDER, Dismissed – Review Petition, High Court, AGAINST IMPUGNED ORDER, Maintainable? “There is no conflict insofar as ratio of Abbai Maligai Partnership Firm v. K. Santhakumaran, (1998) 7 SCC 386 and Kunhayammed, (2000) 6 SCC 359 is concerned. Abbai Maligai Partnership Firm was decided on its peculiar facts, with no discussion […]

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Referred to Larger Bench XV: Gracious Compassion

Original Scheme – Appointment on Compassionate Grounds Substituted Scheme – Ex Gratia Payment ________ State Bank of India, (2010) 11 SCC 661 + MGB Gramin Bank, (2014) 13 SCC 583 Governing Scheme: Original Scheme or Substituted Scheme? Answer/Principle: ‘Inconsistent’, ‘Irreconcilable’. Canara Bank, (2007) 9 SCC 571 ________ “Hon’ble Chief Justice of India CONSTITUTE Bench of […]

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Referred to Larger Bench XIV Answered: 2 Gunny Bags of Charas

My Lord, Informant-Investigating Officer? “The principle of fair trial now informs and energizes many areas of the law. Societal interest mandates that Mohan Lal cannot be allowed to become a spring board for being catapulted to acquittal, irrespective of all other considerations. If the facts in Mohan Lal were telling with regard to the prosecution, the facts […]

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