An unfortunate incident took place on 08.09.2017 in an institution in Gurugram. Bholu’s D.o.B. – 03/04/2001. _____ The ‘preliminary assessment’ made by Juvenile Justice Board under Section 15 of The Juvenile Justice (Care and Protection of Children) Act, 2015 is under consideration. A ’preliminary assessment’ decides on transferring the case of a ‘child’ between […]
Read more "Claim of Juvenility III"Punishment cannot be disproportionately high or low. A delicate balance has to be kept in mind – an aspect recently discussed in Jaswinder Singh (Dead) v. Navjot Singh Sidhu, 2022 SCC OnLine SC 652. What happened to Abu Salem in Portugal for some other trial/detention has nothing to do with proceedings against him in India. […]
Read more "My Name is Abu Salem II"If criteria for promotion is merit-cum-seniority, comparative merit has to be evaluated. In case of merit-cum-seniority, even a Junior may steal a march over his Seniors for accelerated promotion. _____ What was done in Bimlesh Tanwar v. State of Haryana, (2003) 5 SCC 604 was actually a declaration of law. Therefore, same will have retrospective […]
Read more "The Doctrine of Prospective Overruling II"Government of Maharashtra, on 18/09/1978, exercising power conferred under Section 1(5) of The Employees’ State Insurance Act, 1948, extended provisions of ESI to certain classes of establishment – hotels, restaurants, shops, cinemas et cetera. Employees’ Insurance Court at Bombay, on 09/09/2021, declared, Board of Control for Cricket of India [BCCI/Board] is covered within meaning of […]
Read more "Section 1(5) of The Employees’ State Insurance Act, 1948"We could only appreciate thoroughness of investigation, where every step was appropriately and punctually taken and all relevant processes were methodically documented. We find criticism against Legal Aid Counsel to be unfair. Manoj Pratap Singh was rightly convicted by Trial Court and his conviction has rightly been maintained by High Court. After final conclusion on […]
Read more "Review of Death Penalty XXIX"There was unrest and violence all across State of Gujarat… It is only because of Mr. Sanjiv Bhatt and Mr. Haren Pandya, who unabashedly claimed to be privy to utterances made, Court was required to move into action taking serious note of same. But, after thorough investigation by SIT, falsity of such claim has […]
Read more "Abhorrent Godhra"CAUTION: NOT ALL IS REVEALED, NOT ALL IS EXPLAINED “Bhai, I want you to come with me…” he paused, unsure. “Where to?” Gourango blurted out impatiently. “To the Nizamuddin Dargah. Today is Thursday. They have qawwali singers who shall sing for the Saint. I am going. I would be so honoured if you would come […]
Read more "How Gourango Lost His O"Dharam Deo Yadav v. State of U.P., (2015) 5 SCC 509 discussed reliability of DNA evidence. Pantangi Balarama Venkata Ganesh, (2009) 14 SCC 607; Santosh Kumar Singh, (2010) 9 SCC 747; John David, (2011) 5 SCC 509; Krishan Kumar Malik, (2011) 7 SCC 130; Surendra Koli, (2011) 4 SCC 80; Sandeep, (2012) 6 SCC 107; […]
Read more "Science For Everyone: DNA V / Review of Death Penalty XXVIII"The principle of a ‘public servant holding office at pleasure’ of a President or Governor is incorporated in Article 310. See, Roshan Lal Tandon v. Union of India, (1968) 1 SCR 185; Union of India v. Tulsiram Patel, (1985) 3 SCC 398; B.P. Singhal v. Union of India, (2010) 6 SCC 331. _____ We have […]
Read more "The Rules of The Game Principle VII"A.G. Perarivalan is Accused No. 18 in Crime No. 329 of 1991 registered at Sriperumbudur Police Station for assassination of Shri Rajeev Gandhi, Former Prime Minister of India, on 21.05.1991. Death Sentence was commuted to Life Imprisonment by this Court on 18.02.2014. By following Samsher Singh v. State of Punjab, (1974) 2 SCC 831 constitutional […]
Read more "Pardon Jurisprudence II / The Revival of Ray LXXXVI"For awarding termination of natural life, a careful scrutiny is required. In short, ‘crime test’ and ‘criminal test’ required to be followed before awarding Capital Sentence, did not gather required attention of Trial Court as also High Court. It is true, all murders are inhuman. For imposing Capital Sentence, crime must be uncommon in nature […]
Read more "Review of Death Penalty XXVII"What looms before us is Lord Hale’s Ghost. Exception 2 to Section 375, IPC is referred to as Marital Rape Exception. MRE is bad in law as it violates Article 14. A ‘conjugal expectation’ to have sexual communion is not to be equated with an unfettered right to have sex without consent. J. Sai Deepak’s […]
Read more "Conjugal Expectation of Lord Hale’s Ghost"Ld. Counsel appearing for Plaintiffs [Hero Electric Vehicles Private Limited and M/s. V.R. Holdings] submits, domain name of Defendants [Guddu Ansari and M/s. Hero Electro] – http://www.heroelectro.in – is almost identical to domain name of Plaintiffs – http://www.heroelectric.in. A comparative table is set out herein below: Defendant Nos. 1 & 2 have set up http://www.heroelectro.in […]
Read more "Domain Name II"Court in a series of decisions has reiterated, Courts should not rush in where even scientists and medical experts are careful to tread. We cannot evolve a judicial policy on medical issues. However, Court certainly must defend assertion of fundamental rights against Executive tyranny draped in disciplinary power [Pyarali K. Tejani v. Mahadeo Ramchandra Dange, […]
Read more "Dialogic Jurisdiction III / The Revival of Ray LXXXIV"The British School Society [TBSS] runs The British School, New Delhi [TBS]. ‘The British School’-mark has been adopted by Sanjay Gandhi Educational Society [SGES] in relation to identical services, i.e., educational services, for 4 schools. The domain name of TBS is http://www.british-school.org, registered in 1999. TBS also has social media presence on Facebook, Instagram, et […]
Read more "The British School, New Delhi"State Commission relied on principle of ‘res ipsa loquitur’ to affix liability for defect in an airbag system, having regard to nature of collision. National Commission affirmed this finding referring to certain photographs, which showed substantial frontal damage. We do not find any reason to interfere. We are dealing with a case where in a […]
Read more "Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II"Bhagwati, CJ in Sheonandan Paswan v. State of Bihar, (1987) 1 SCC 288 observed, a complaint being initiated by reason of political vendetta is not in itself a ground for quashing criminal proceedings. It is well-established, a criminal prosecution, if otherwise justified and based upon adequate evidence, does not become vitiated on account of mala […]
Read more "Political Vendetta"Anil Kumar Upadhyay was serving as a Head Constable (Ministerial) in 15th Battalion of Sashastra Seema Bal, Bongaigaon. He was charged under Section 43 of The Shashastra Seema Bal Act, 2007 for entering Mahila Barrack at around 00:15 AM on intervening night of 14th-15th April, 2013. He was imposed punishment of ‘removal from service’. His […]
Read more "Disciplinary Proceedings VIII"Having regard to circumstances, preceding and following deceased being last seen together with accused, Court has no hesitation in holding, prosecution had proved beyond reasonable doubt all circumstances, so conclusive as to rule out possibility of any other hypothesis except guilt. We deem it proper to commute Death Sentence to Life Imprisonment. The only […]
Read more "Review of Death Penalty XXVI"M. Duraisamy was serving as a Postal Assistant. He committed fraud and admitted so. M. Duraisamy deposited entire defrauded amount. He was imposed penalty of ‘removal’. Central Administrative Tribunal modified punishment from ‘removal’ to ‘compulsory retirement’. Chairman & Managing Director, V.S.P. v. Goparaju Sri Prabhakara Hari Babu, (2008) 5 SCC 569 observed, once all procedural […]
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