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. […]

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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 […]

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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 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 […]

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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 ________ “Bench of Appropriate Strength.” Hon’ble Justice U.U. Lalit […]

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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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The Advanced Age of Sushil Ansal

On March 05, 2014 Hon’ble Justice Thakur, not yet the CJI, spoke of the ‘chalta hai attitude’ that often costs the society dearly in man-made tragedies [See, (2014) 6 SCC 173]. The price of Sushil Ansal’s ‘chalta hai attitude’ was pegged at Rs. 30 Crores [See, (2015) 10 SCC 359]. That is merely 18 Crores […]

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

My Lord, Can grant of monetary compensation be considered as the sole and adequate remedy for a student who has been deprived of admission, despite he or she being meritorious, vigilant and diligent, because of lapses committed either by the counselling authority or the administrating authority intrinsically connected with the process of admission? “It is […]

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