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, 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 […]

Referred to Larger Bench XIV: 4 Kilograms of Opium

“We find it difficult to accept the view taken in Mohan Lal. It was held, a fair investigation, which is but the very foundation of fair trial, necessarily postulates, the informant and the investigator must not be the same person. Some have maintained a distinction in that where the investigation was conducted by the informant […]

Section 16 of The Hindu Marriage Act / Compassionate Appointment I

“The policy of compassionate appointment is premised on the death of an employee while in harness. The death of an employee is liable to render the family in a position of financial hardship and need. Compassionate appointment is intended to alleviate the hardship that the family of a deceased employee may face upon premature death […]

Rojer Mathew, SLP (Civil) 15804/2017

Issues of Tribunals: Unresolved. 07.05.2018 “The functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice. L. Chandra Kumar, (1997) 3 SCC 261 noted, various Tribunals have not evolved up to the expectations which is self-evident and widely acknowledged. Drastic measures were required to elevate the standards. R. […]

Beauty of NEET, 2018

Every examination must be evaluated for what it is, what it should be and not for what it was, what it could be. Primary duty is to avoid arbitrary results. Correct answers to questions presented in NEET-UG, 2018 was one of the 4 Options offered. Bi-lingual questions were set in English with an Option of […]

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 […]

Referred to Larger Bench XIII ANSWERED: Venue v. Seat, Arbitration

My Lord, ‘Venue’ v. ‘Seat’? The Arbitration Clause has to be appositely read to understand its intention so as to arrive at a conclusion on whether it determines the ‘seat’ or not. There is no shadow of doubt that the Arbitration Clause has to be read in a holistic manner so as to determine the […]

Lord Roche II / The Revival of Ray IV

In Allied Motors, (2012) 2 SCC 1 reference was made to the celebrated Judgment of Privy Council in Nazir Ahmad, AIR 1936 PC 253: “Where a power is given to do a certain thing in a certain way, the thing must be done in that way, or not at all. Other methods of performance are […]

Referred to Larger Bench XIII: Venue v. Seat, Arbitration

Foreign Cases Cited: Naviera Amazonica Peruana S.A., (1988) (1) Lloyd’s Law Reports 116. Hiscox, (1992) 1 AC 562. McDonnell Douglas Corpn., (1993) 2 Lloyd’s Law Rep. 48. C vs. D, (2007) EWCA Civ 1282 (CA). C vs. D, (2008) 1 Lloyd’s Law Rep 239. Braes of Doune Wind Farm (Scotland) Limited, (2008) EWHC 426 (TCC). […]

Section 13B of The Hindu Marriage Act III

My Lord, Is the statutory period of six months prescribed under Section 13B(2) of The Hindu Marriage Act, 1955 mandatory or directory and if directory can same be dispensed with, exercising power under Article 142? Before 2 Judges in Manish Goel, (2010) 4 SCC 393 the question was not raised: “The statutory period of six […]

1+3 Judges Disagree With Justice Chelameswar on ‘Cheating Students’

Madhya Pradesh Professional Examination Board ridded certain students of their results, awarded in their professional MBBS course, on the ground, they had gained admission to the course by resorting to unfair means. Hon’ble Justice Chelameswar (Presiding Judge) had expressed the view, complete justice in the matter would be rendered, if the qualifications successfully acquired by […]

The Advanced Age of Sushil Ansal

On March 05, 2014 Hon’ble Justice T.S Thakur, not yet CJI, observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies” [(2014) 6 SCC 173]. The price of Sushil Ansal’s ‘Chalta Hai Attitude’ was pegged at Rs. 30 Crores [(2015) 10 SCC 359]. That is merely 18 Crores more than what a […]

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 […]

Referred to Larger Bench XI: Statutory Appeals to Supreme Court

My Lord, Is it permissible and advisable to provide Statutory Appeals directly to Supreme Court, from Orders of Tribunals, on issues not affecting National or Public Interest? “In an Article by Shri T.R. Andhyarujina [Former Solicitor General of India], ‘Restoring, Character and Stature of Supreme Court of India’, Learned Author states… Supreme Court of India […]

Referred to Larger Bench X: Vidhi Centre for Legal Policy

My Lord, Why is Supreme Court not a Constitutional Court? Relying upon Vidhi Centre for Legal Policy, Mr. Venugopal established, Supreme Court had strayed from its original character as a Constitutional Court and gradually converted itself into a mere Court of Appeal to correct every error it found in decisions of 24 High Courts and […]

The Doctrine of Mutuality I

My Lord, What is the Doctrine of Mutuality? “The said Doctrine is predicated on the principle enunciated in Styles v. New York Life Insurance Company, (1889) 2 TC 460, 471 (HL) by Lord Watson in the following words: “When a number of individuals agree to contribute funds for a common purpose, such as the payment […]

Referred to Larger Bench IX: Atiabari Tea, (1961) 1 SCR 809 and Automobile Transport, (1963) 1 SCR 491

In Keshav Mills Co. Ltd. v. CIT, (1965) 2 SCR 908 a Constitution Bench enacted circumstances in which a Reference to a Larger Bench would lie. It was held, in revisiting and revising its earlier decision, SC should ask itself whether in the interest of the public good or for any other valid and compulsive reasons, […]

Referred to Larger Bench VIII: Sections 3 & 4, The Central Excise Act, 1944

“Two Coordinate Benches (Three Judges)” have taken what would appear to be contrary views with regard to purport and effect and the interconnection between Section 3 and 4 of The Central Excise Act, 1944. The First Coordinate Bench in Union of India v. Bombay Tyre International Ltd., (1984) 1 SCC 467 comprised of Hon’ble Judges […]

Referred to Larger Bench VII: Chapter III-A, The Madhya Pradesh Accommodation Control Act, 1961

In Ranjit Narayan Haksar v. Surendra Verma, 1995 MPLJ 21 a Division Bench of High Court of Madhya Pradesh held, an employee, retired from its service to Madhya Pradesh State Road Transport Corporation, was entitled to maintain an Eviction Petition under Chapter III-A of The Madhya Pradesh Accommodation Control Act, 1961. SC affirmed the reasoning. […]

Referred to Larger Bench VI: Section 11AB, The Central Excise Act, 1944

CCE v. SKF India, (2009) 13 SCC 461 & CCE v. International Auto, (2010) 2 SCC 672 – two cases with “almost identical” factual scenarios – fortuitously decided by the same Bench, do not [perhaps] correctly interpret the provisions of Section 11AB of The Central Excise Act, 1944 and “require a re-look”. What is the effect of […]

The Last Word

A Diversion for Lawyers and Others

Referred to Larger Bench