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"The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"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"Court has propounded several tests for determining reasonableness for purpose of Article 19(1)(g). These have ranged from testing restrictions for arbitrariness [Dwarka, AIR 1954 SC 224; Shree Meenakshi Mills, AIR 1974 SC 366], excessiveness [Chintaman Rao, AIR 1951 SC 118] and discerning their objective of compliance with Directive Principles of State Policy [Saghir Ahmad, (1955) […]
Read more "Proportionality in Culture of Justification"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"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"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 […]
Read more "Precedential Certainty / The Revival of Ray LXVI"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"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 […]
Read more "Illegal Gratification II"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, […]
Read more "Referred to Larger Bench XXV: Doctrine of Separability of Arbitration Agreement"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"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 […]
Read more "Referred to Larger Bench I Mentioned: The Rules of The Game Principle"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 […]
Read more "The Persistent Illusion of Judge-Strength"“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 […]
Read more "Referred to Larger Bench XIV Answered Again: Mohan Lal"“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 […]
Read more "Order 7, Rule 10-A of The Code of Civil Procedure, 1908"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 […]
Read more "Referred To Larger Bench XXIV: The Muslim Women’s Protection Act, 1986"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 […]
Read more "Referred to Larger Bench XXIII: Consequential Benefits of Gopal Prasad"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 […]
Read more "The Revival of Ray XLVI"“By specifically enacting a provision under Sub-Section (3) of Section 13, with a specific clarification that violation of the principles of natural justice shall not be called in question where the procedure prescribed under Sub-Sections (1) and (2) of Section 13 of The Consumer Protection Act, 1986 has been followed or complied with, the intention […]
Read more "The Plea of Limitation XII: Written Statements, District Consumer Forums II"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 […]
Read more "Referred to Larger Bench XXII: Mandatory Preliminary Inquiry"
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