Referred to Larger Bench XII Answered: Doctrine of Relation Back in Admissions

The view, the only relief which can be granted would be compensation only [Chandigarh Administration v. Jasmine Kaur, (2014) 10 SCC 521], is not good law and cannot be accepted. – Hon’ble Justice M.R. Shah [Three-Judge Bench], S. Krishna Sradha v. The State of Andhra Pradesh, AIR 2020 SC 47. _____ The proposition of law […]

Precedential Certainty / The Revival of Ray LXVI

Time fleets, generations grow, society changes, values and needs also change by time. There can be no denial, law should change with changing time and changing needs of society. Famous words of Justice Oliver Wendell Holmes Jr. in Towne v. Eisner, 245 US 425 (1918): “Word is not a crystal, transparent and unchanged; it is […]

Intersectionality

K. Crenshaw has been credited for coining the term ‘intersectionality’. “Discrimination, like traffic through an intersection, may flow in one direction, and it may flow in another. If an accident happens in an intersection, it can be caused by cars traveling from any number of directions and, sometimes, from all of them. Similarly, if a […]

Illegal Gratification II

Hakeem Khan v. State of Madhya Pradesh, (2017) 5 SCC 719 considered powers of Appellate Court for interference in cases where acquittal is recorded by Trial Court. It was held, so long as the view of Trial Court can be reasonably formed, regardless of whether High Court agrees with the same or not, verdict of […]

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

It is well settled, an Arbitration Agreement is distinct and separate; independent from the substantive commercial contract in which it is embedded. The autonomy of the Arbitration Agreement is based on the twin concepts of separability and kompetenz – kompetenz; which, though inter-related, are distinct. The Doctrine of Separability of Arbitration Agreement connotes, the invalidity, […]

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

We overrule the ratio laid down in Himangni Enterprises, (2017) 10 SCC 706 and hold, landlord-tenant disputes are Arbitrable as The Transfer of Property Act, 1882 does not forbid or foreclose Arbitration. However, landlord-tenant disputes covered and governed by Rent Control Legislation would not be Arbitrable when specific Court or Forum has been given exclusive […]

Referred to Larger Bench I Mentioned: The Rules of the Game Principle

Tej Prakash Pathak, (2013) 4 SCC 540 doubted K. Manjusree, (2008) 3 SCC 512. If covered by K. Manjusree, in keeping with Tej Prakash Pathak [Salam Samarjeet Singh, (2016) 10 SCC 484 and Sivanandam, (2018) 1 SCC 239], the instant matter must either be Referred to a Larger Bench or must await the decision of […]

The Persistent Illusion of Judge-Strength

It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem, in the sense that it affects some High Courts far more than […]

Referred to Larger Bench XIV Answered Again: Mohan Lal

“In the case of Mohan Lal this Court observed, in a case where the informant and the investigator is the same, the trial is vitiated and the accused is entitled to acquittal. Varinder Kumar held, the decision in the case of Mohan Lal shall be applicable prospectively and shall not affect the cases, pending criminal […]

Order 7, Rule 10-A of The Code of Civil Procedure, 1908

“The parties clearly indicated that it was only the Court at Delhi which shall have exclusive jurisdiction with regard to any dispute and no other Court would have jurisdiction over the same. In that view of the matter, the presentation of the plaint at Gurgaon was certainly not before a Court having jurisdiction in the […]

Referred To Larger Bench XXIV: The Muslim Women’s Protection Act, 1986

My Lord, Jurisdiction of Family Court for Application of Divorced Muslim Woman for Maintenance under Section 3 of The Muslim Women (Protection of Rights on Divorce) Act, 1986? No. After Shah Bano, (1985) 2 SCC 556 The Muslim Women’s Protection Act, 1986 was enacted with effect from 19.05.1986 as per which a divorced Muslim woman […]

Referred to Larger Bench XXIII: Consequential Benefits of Gopal Prasad

Gopal Prasad was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20.05.1970, at about 15½ years of age. He may have been a minor, but certainly not a toddler. It is absurd that any rational employer, far less a statutory body, would appoint a toddler. The hypothesis of appointment of a toddler is […]

The Revival of Ray XLVI

In State of Gujarat v. Shri Ambica Mills Ltd., (1974) 4 SCC 656 it was considered, when a definition clause in a provision is under-inclusive and over-inclusive. Mr. Justice Holmes, in urging tolerance of under-inclusive classifications, stated that such legislation should not be disturbed by the Court unless there is clearly no fair reason for […]

Referred to Larger Bench XXII: Mandatory Preliminary Inquiry

My Lord, ‘Preliminary Inquiry’, under Section 340, Mandatory for Court before ‘Complaint’, under Section 195? “In any event, given that the decision of the Three-Judge Bench in Sharad Pawar, (2010) 15 SCC 290 did not assign any reason as to why it was departing from a Coordinate Bench in Pritish, (2002) 1 SCC 253 and […]

Referred to Larger Bench XXI: Residence-Based Reservation / The Revival of Ray XXXIV

My Lord, Domicile/Residence-Based Reservation in Admission to PG Medical Courses within State Quota is Constitutionally Valid? In Dr. Tanvi Behl v. Shrey Goel, [Civil Appeal No. 9289 of 2019] SC observed that, in Saurabh Chaudri, (2013) 11 SCC 146 the answer was affirmative; that, Saurabh Chaudri in Paragraph 31 referred to State of U.P. v. […]

Referred to Larger Bench XX: The Sabarimala Temple III

Review Petition (Civil) No. 3358 of 2018 in Writ Petition (Civil) No. 373 of 2006 Essential Religious Practices of a Religious Denomination or Section of a Religious Denomination – Constitutional Protection under Article 26? “In the Indian context, given the plurality of religions, languages, cultures and traditions, what is perceived as faith and essential practices […]

Referred to Larger Bench XIX: Trusts Not Consumers

“The principal issue involved in the matter is whether a Charitable Trust could maintain an action under the provisions of The Consumer Protection Act, 1986. The reliance was placed on Pratibha Pratisthan, (2017) 3 SCC 712 to hold that a Trust would not be a ‘person’ and consequently not a ‘consumer’. The definition of ‘person’ in terms […]

Appointment of Justice

“I am glad that Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with the appointment of Judges to the Supreme Court of India. From time immemorial, mankind desired to have wise and humane Judges with the wisdom to discriminate between truth and falsehood. The legends of King Solomon and Dharmaraja and […]

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 arises, 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 Arbitration. Questions […]

Referred to Larger Bench V Answered: Maintainability of Review 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 […]

The Last Word

A Diversion for Lawyers and Others

Referred to Larger Bench