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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Masterly Concubinage II

“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for […]

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Referred to Larger Bench XIII ANSWERED: Venue v. Seat, Arbitration

My Lord, When the Arbitration Agreement specifies the ‘venue’ for holding the Arbitration Sittings by the Arbitrators but does not specify the ‘seat’, then on what basis and by which principle, the parties have to decide the place of ‘seat’ which has a material bearing for determining the applicability of laws of a particular country for […]

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