Referred to Larger Bench

Referred to Larger Bench XXVI: Offence

The expression ‘offence’ in Section 19 of The Protection of Children from Sexual Offences Act, 2012 would include all ‘offences’ under The Protection of Children from Sexual Offences Act, 2012 including ‘offence’ under Section 23. In our society, victims of ‘sexual offence’ are, more often than not, treated as an ‘abettor’, if not ‘perpetrator’, even […]

Read more "Referred to Larger Bench XXVI: Offence"

The Rules of The Game Principle VI / Recruitment of Constable, Rifleman

By a Notification dated 03/12/2011, Staff Selection Commission invited applications for recruitment of Constables (GD) in Central Armed Police Forces (CAPFs) such as ITBP, BSF, CISF, CRPF and SSB and of Rifleman (GD) in Assam Rifles. My Lord, Candidates who have indicated preference to a Particular Service can be kept out of consideration for appointment […]

Read more "The Rules of The Game Principle VI / Recruitment of Constable, Rifleman"

Contracts of Insurance V

Oriental Insurance Company Limited had insured Jaina Construction Company’s Tata Aiwa Truck [Registration No. RJ-02-098177], purchased on 31/10/2007, which was robbed by some miscreants on 04/11/2007. It may be noted, there was conflict of decisions of Two-Judge Benches of this Court. Three-Judge Bench in Gurshinder Singh v. Shriram General Insurance Company Ltd., (2020) 11 SCC […]

Read more "Contracts of Insurance V"

The Rules of The Game Principle V / The Revival of Ray LXXIX

Judgments cited on changing ‘rules of game midway’ referred to changes in selection criteria or procedure for selection. Those cases are distinguishable from case before us. _____ An examination can only reflect current competence of an individual but not gamut of their potential, capabilities or excellence, which are also shaped by lived experiences, subsequent training […]

Read more "The Rules of The Game Principle V / The Revival of Ray LXXIX"

The Rules of The Game Principle IV

The number of candidates was not quite large. 4270 in U.P. Public Service Commission v. Subhash Chandra Dixit, (2003) 12 SCC 70. 51524 and 5748 in preliminary and main examinations respectively in Sanjay Singh v. U.P. Public Service Commission, Allahabad, (2007) 3 SCC 720. 3000 in Mahinder Kumar v. High Court of Madhya Pradesh, (2013) […]

Read more "The Rules of The Game Principle IV"

Compassionate Appointment IV

Learned Senior Counsel made a request to wait for a decision. “We do not consider it necessary to do so.” Only after Reference to Larger Bench in State Bank of India v. Sheo Shankar Tewari, (2019) 5 SCC 600 this Court decided Indian Bank v. Promila, (2020) 2 SCC 729; N.C. Santhosh v. State of […]

Read more "Compassionate Appointment IV"

The Rules of The Game Principle III

As was subtly recognized, State of Haryana v. Subash Chander Marwaha, (1974) 3 SCC 220, unnoticed in P.K. Ramachandra Iyer, Durgacharan Misra, Umesh Chandra Shukla, Rajendra Bhimrao Mandve and K. Manjusree, carries instructions on the Tej Prakash Pathak issue. Subash Chander Marwaha is crucial to understand the time when the ‘process of ascertaining eligibility’, before […]

Read more "The Rules of The Game Principle III"

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 […]

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

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 […]

Read more "Intersectionality"

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 view of Trial Court can be reasonably formed, regardless of whether High Court agrees with same or not, verdict of Trial Court […]

Read more "Illegal Gratification II"

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. Autonomy of Arbitration Agreement is based on twin concepts of separability and kompetenz – kompetenz; which, though inter-related, are distinct. Doctrine of Separability of Arbitration Agreement connotes, invalidity, ineffectiveness or termination of the […]

Read more "Referred to Larger Bench XXV: Doctrine of Separability of Arbitration Agreement"

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 […]

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