Union of India v. Shiv Shanker Kesari, (2007) 7 SCC 798 observed, bail may be cancelled if it has been granted without adhering to parameters under Section 37. Given the seriousness of offences punishable and in order to curb the menace of drug-trafficking, stringent parameters for grant of bail have been prescribed. Union of India […]
Read more "Section 37 of The NDPS Act II"Krishan Pal Singh was appointed as Clerk-cum-Cashier in Allahabad Bank on 23.09.1985 and his service was confirmed on 24.03.1986. During 1989, he was posted in Aurangabad Branch, District Lakhimpur Kheri, Uttar Pradesh. On 08.02.1989, there was a fire accident. Balak Ram, prime accused, was Krishan’s friend. Alleging involvement in incident relating to burning of Bank […]
Read more "Compensatory Jurisprudence of Constitutional Courts XII"Appellate Tribunal has no jurisdiction at all to condone the delay exceeding 15 days from the period of 30 days, as contemplated under Section 61(2) of The Insolvency and Bankruptcy Code, 2016. It cannot be said, Learned Appellate Tribunal committed any error in not condoning the delay of 44 days. Unless the Parliament has […]
Read more "Condonation of Delay: 44"The nation continues to wait, and is losing patience. A political party can always give a reason, a candidate with criminal antecedents is found to be more suitable than a person who does not have criminal antecedents. If the political party is of the prima facie opinion, a candidate has been falsely implicated, it can […]
Read more "Monstrosity of Winnability II"“Babu Ram Gupta v. Sudhir Bhasin, (1980) 3 SCC 47 was clarified and held in part to be obiter by a Three-Member Bench in Rama Narang v. Ramesh Narang, (2006) 11 SCC 114. Rama Narang pointed out, the distinction between two categories of cases covered by Section 2(b) of The Contempt of Courts Act, 1971 – (i) wilful disobedience to […]
Read more "Contempt Jurisdiction VIII"Constitution Bench in Maru Ram v. Union of India, (1981) 1 SCC 107 considered the scope of Article 161 of the Constitution. Also, Union of India v. V. Sriharan, (2016) 7 SCC 1. The power under Article 161 can be exercised by State Governments, not by Governor on his own. The prisoner, convicted on 25.3.2010, […]
Read more "Pardon Jurisprudence"13 March, 2015 – Members of Legislative Assembly, belonging to Party in Opposition, climbed over to Speaker’s dais and damaged furniture and articles, causing a loss of Rs. 2,20,093/-. _____ A copy of the video recording of the incident was procured from the Electronic Control Room of the Legislative Assembly. The first question to be […]
Read more "Veil of Protest"Analyzing decisions [Biswabahan Das v. Gopen Chandra Hazarika, AIR 1967 SC 895; Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288], it is evident, legislative sanction for compounding of offences is based upon two contrasting principles: first, private parties should be allowed to settle a dispute between them at any stage (with or without […]
Read more "Compoundable"“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]
Read more "Be Kind Rewind, Strict Liability"The technological age has produced digital platforms – not like the railway platforms where trains were regulated on arrival and departure. These digital platforms can be imminently uncontrollable at times and carry their own challenges. One form of digital platforms are the intermediaries that claim to be providing a platform for exchange of ideas without […]
Read more "Facebook India"COVID-19 engulfed this country in March, 2020 and continues till date changing its face from time to time. Different mutations in the virus have made it dangerous and fatal at times. To provide food security to impoverished persons is the bounden duty of all States and Governments. Those migrant workers who possess a ration card […]
Read more "Dialogic Jurisdiction II"Devdutt Pattanaik, Marriage – 100 Stories, (Rupa, 2021) has stories on – I. Origin, II. Singledom, III. Wooing, IV. Fidelity, V. Multiplicity, VI. Children, VII. Property, VIII. Barriers, IX. Heartbreak and X. Coupledom. The following is extracted from ‘III. Wooing’. Agastya Finds a Source of Income Rishi Agastya had to repay his debt to Ancestors […]
Read more "Wooing and Marriage"A clear distinction is made between ‘prohibited goods’ and ‘other goods’. As has rightly been pointed out, the latter part of Section 125 of The Customs Act, 1962 obligates release of confiscated goods (i.e., other than ‘prohibited goods’) against redemption fine. But, the earlier part of this provision makes no such compulsion as regards ‘prohibited […]
Read more "Discretion in Absolute Confiscation of Prohibited Goods"Senior Advocate, Sanjoy Ghose argued for Captain Arvind Kumar Sharma, Captain K Sai Sashanka, Captain Jeetender Yadav, Captain Jitender Singh Randhawa, Captain Adish M. Chavan, Captain Reuben James, Captain B Sujimon, Captain Vishal V Chandorkar and Captain Vijay Kumar Dahiya before Hon’ble Justice Jyoti Singh of Hon’ble High Court of Delhi. The common thread was […]
Read more "Façade of ‘Commercial Decision’"Policy-making continues to be in sole domain of Executive. Judiciary does not possess authority or competence to assume the role of Executive, which is democratically accountable for its actions and has access to resources which are instrumental to policy formulation. However, this ‘separation of powers’ does not result in Courts lacking jurisdiction in conducting a […]
Read more "Dialogic Jurisdiction I"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"Constitution Bench in T.M.A. Pai Foundation, (2002) 8 SCC 481 has expounded, private unaided school management must have absolute autonomy to determine school fees. The consistent view has been restated and enunciated by Constitution Bench in Modern Dental College and Research Centre, (2016) 7 SCC 353 in Paragraph 75. Though fee can be fixed by […]
Read more "Permissible School Fees"In the present case, we are concerned with Article 224A. Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128 observed, if a person appointed under Article 224A was not considered to be a Judge of the High Court for the purpose of jurisdiction, powers and privileges, the question of appointing such a person would […]
Read more "An Alive Article 224A / The Revival of Ray LXV"The evidence clearly shows, GUD-4997 was not a public conveyance. A private vehicle would not come within the expression ‘public place’ as explained in Section 43. The case would come under Section 42. It is an admitted position, there was total non-compliance of the requirements of Section 42. Karnail Singh v. State of Haryana, (2009) […]
Read more "Section 42 of The NDPS Act"High Courts in India as well as Supreme Court recognize Doctrine of Indirect Discrimination. Only by exercising close scrutiny and exhibiting attentiveness to the possibility of alternatives can a Court ensure, full potential of Doctrine of Indirect Discrimination is realized and not lost in its application. _____ In a case of direct discrimination, judicial enquiry […]
Read more "The Doctrine of Indirect Discrimination"
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