“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 […]Read more "Referred to Larger Bench XVIII: Arbitrability, The Transfer of Property Act"
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 […]Read more "Referred to Larger Bench V Answered: Maintainability of Reivew Petitions"
Ravjit Singh Sethi received a phone call from Mrs. Neeraj Dutta [LDC, Delhi Vidyut Board]. She demanded Rupees Fifteen Thousand which was reduced to Rupees Ten Thousand. FIR. Rupees Ten Thousand was paid. Mrs. Neeraj Dutta handed over the same to Yogesh Kumar [Driver]. Shadow Witness, S.K. Awasthi and Inspector O.D. Yadav arrived. Phenolphthalein Test. […]Read more "Referred to Larger Bench XVII: Illegal Gratification"
It was observed in S. Azeez Basha v. Union of India, (1968) 1 SCR 833 that the words “establish and administer” in Article 30(1) must be read conjunctively and so read it gives the right to a religious minority to administer an educational institution provided it has been established by it; Article 30(1) cannot be […]Read more "Referred to Larger Bench XVI: Decades of Decay"
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 […]Read more "Referred to Larger Bench XV: Gracious Compassion"
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 […]Read more "Referred to Larger Bench XIV Answered: 2 Gunny Bags of Charas"
“We find it difficult to accept the view taken in Mohan Lal. It was held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Some have maintained a distinction in that where the investigation was conducted by […]Read more "Referred to Larger Bench XIV: 4 Kilograms of Opium"