Though both parties have addressed this Court at length on merits and have also taken us through voluminous documents, we do not find it necessary to go into those issues. Justice S. Murtaza Fazal Ali as well as Justice A.N. Sen in Shah Babulal Khimji v. Jayaben D. Kania, (1981) 4 SCC 8 have a […]
Read more "5 Lakhs for Supreme Court I"Whether, and if so where, an employee should be posted are matters which are governed by exigencies of service; an employee has no fundamental right or a vested right to claim a transfer or posting of their choice; individual convenience of persons who are employed in service is subject to overarching needs of administration. Court […]
Read more "Proportionality in Culture of Justification II"Plaintiff’s two products – BLENDERS PRIDE, IMPERIAL BLUE – and Defendant’s CASINOS PRIDE belong to same segment i.e., Indian Made Foreign Liquor (IMFL) and, therefore, cater to same customer base. They are also available from same outlets. But, “one does not blend in a casino, and blenders don‘t play dice.” Arrangement of letters and overall […]
Read more "Imperial Blender’s Casino"Judicial Magistrate, First Class, Agar Malwa asked, whether there was motive of ‘slaughter of seventeen bulls’? No offence was made out. Abdul Vahab was acquitted. But, subsequently, there was a Confiscation Order, dated 09/08/2017, for Abdul’s Truck [MP/09/GF/2159], passed under Section 11(5) of The M.P. Prohibition of Cow Slaughter Act, 2004 and Rule 5 of […]
Read more "Bulls in Truck"When a Writ of Quo Warranto will lie has been dealt with by this Court in Rajesh Awasthi v. Nand Lal Jaiswal, (2013) 1 SCC 501. Retd. Armed Forces Medical Association v. Union of India, (2006) 11 SCC 731 observed, strict rules of locus standi are relaxed to some extent in Quo Warranto proceedings. A […]
Read more "The Writ of Quo Warranto II"My Lord, District Magistrate or Chief Metropolitan Magistrate can appoint and authorize an Advocate under Section 14(1A) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002? Yes. It is well established, an Advocate is a guardian of constitutional morality and justice equally with a Judge. He bears responsibility towards […]
Read more "Subordinate Officer"Court notices, medical practitioners have a quasi-fiduciary relationship with their patients. A doctor’s prescription is considered final, even if cost of such medication is unaffordable or barely within economic reach – such is level of trust reposed. Therefore, it is a matter of great public importance and concern, when it is demonstrated, a doctor’s prescription […]
Read more "Freebies"Orchestra Bars are required to secure premises and performance licenses. Court is no stranger to controversies relating to prohibition and restriction in participation of women from performances in establishments in Maharashtra: State of Maharashtra v. Indian Hotel and Restaurant Association, (2013) 8 SCC 519 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2015) […]
Read more "Morality of Orchestra Bars"By a Notification dated 03/12/2011, Staff Selection Commission invited applications for recruitment of Constables (GD) in Central Armed Police Forces (CAPFs) such as ITBP, BSF, CISF, CRPF and SSB and of Rifleman (GD) in Assam Rifles. My Lord, Candidates who have indicated preference to a Particular Service can be kept out of consideration for appointment […]
Read more "The Rules of The Game Principle VI / Recruitment of Constable, Rifleman"The Juvenile Justice (Care and Protection of Children) Act, 2000 stands repealed by The Juvenile Justice (Care and Protection of Children) Act, 2015. The procedure for determining age is now part of Section 94 of 2015 Act which was earlier provided under Rule 12 of The Juvenile Justice (Care and Protection of Children) Rules, 2007. […]
Read more "Claim of Juvenility II"My Lord, Was Resignation of Ms. X, on 15/07/2014, Voluntary? We are only examining, i) correctness of Order of Transfer, ii) rejection of ‘representations’ and iii) question as to whether ‘resignation’ could be construed to be voluntary or not. Ms. X tendered a ‘resignation’ on 15/07/2014, which was accepted by Government of Madhya Pradesh, Law […]
Read more "Involuntary Resignation"Even when we find no reason to consider interference in concurrent findings of fact leading to conviction, question still remains about correctness of Death Sentence. Principles of Penology have evolved. This has led to evolution of ‘rarest of rare’. High Court though has made rather intense comments has, thereafter, proceeded to confirm Death Sentence with […]
Read more "Review of Death Penalty XXV"Where a statute is adjudged to be unconstitutional, it is as if it had never been. Rights cannot be built up under it; contracts which depend upon it for their consideration are void; it constitutes a protection to no one who has acted under it and no one can be punished for having refused obedience […]
Read more "The Doctrine of Prospective Overruling I"Supreme Court of India (SC) held in Deena v. UoI, (1983) 4 SCC 645, hanging by neck is scientific and least painful. SC has also held, only ‘rarest of rare’ issues, literally meaning rarest even in rare, allow passing of a death sentence. A punishment of death is imposed when life imprisonment is absolutely inadequate. […]
Read more "Mitigating Death Sentences"Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, (2007) 3 SCC 184 delineated principles. These principles have been restated in Amarinder Singh v. Special Committee, Punjab Vidhan Sabha, (2010) 6 SCC 113. It is open to demonstrate, ‘action’ of Legislature is manifestly arbitrary. As expounded in Amarinder Singh, important consideration for scrutinizing exercise of legislative […]
Read more "Action Against Gross Disorder"Judgments cited on changing ‘rules of game midway’ referred to changes in selection criteria or procedure for selection. Those cases are distinguishable from case before us. _____ An examination can only reflect current competence of an individual but not gamut of their potential, capabilities or excellence, which are also shaped by lived experiences, subsequent training […]
Read more "The Rules of The Game Principle V / The Revival of Ray LXXIX"The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2008 and The Employees’ State Insurance Corporation (Medical Teaching Faculty Posts) Recruitment Regulations, 2015 have statutory effect by virtue of Section 97(3) of The Employees’ State Insurance Act, 1948. It is settled law, regulations framed by statutory authorities have force of enacted law. Constitution […]
Read more "The Revival of Ray LXXVIII"The Trade Marks Act, 1999 came into force on 15th September, 2003. When a trade mark is identical with a registered trade mark and goods or services are identical too, Court shall presume it is likely to cause confusion on public. Court has pointed out, essentials of a passing off action cannot be equated […]
Read more "An Identical Trademark"Lawyer’s Voice v. State of Punjab, Writ Petition (Civil) No. 13 of 2022 arises out of an incident, dated 05/01/2022, wherein, on a visit to Hussainiwala, District Firozpur, State of Punjab, convoy of Prime Minister was stuck. We have studied provisions of The Special Protection Group Act, 1988 along with relevant contents of The Blue […]
Read more "Safety and Security of Prime Minister"Shaikh Istiyaq Ahmed was convicted by Supreme Court of Mauritius for possession of 152.8 grams of heroin and was sentenced to imprisonment for 26 years. He was transferred to India as per The Repatriation of Prisoners Act, 2003 on 04/03/2016. Incompatibility with Indian law is with reference to enforcement of sentence, imposed by Supreme Court […]
Read more "152.8 Grams of Heroin"
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