The Revival of Ray LIV

Court should be over­ cautious to place reliance on a piece of evidence with which the concerned witness has not been confronted despite an opportunity to do so. As held by this Court in Sita Ram Bhau Patil v. Ramchandra Nago Patil, (1977) 2 SCC 49 an admission must not only be proved but also […]

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Default Bail

The 90 day period indicated by the first proviso to Section 167(2) of The Code of Criminal Procedure, 1973 can be extended up to a maximum period of 180 days under the first proviso in Section 43-D(2)(b) of The Unlawful Activities (Prevention) Act, 1967. As long as an application, which need not even be in […]

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Section 90, Indian Penal Code

A ‘consent’ given under fear of injury is not a ‘consent’ in the eyes of law. We are not persuaded to accept the solitary statement that, at the time of the first alleged offence, ‘consent’ was obtained under fear of injury. A ‘consent’ given under a misconception of fact is no ‘consent’ in the eyes […]

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Day-Fraction

There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]

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The Plea of Limitation XIV: Enforcement of Foreign Arbitral Awards / The Revival of Ray LIII

The issue of limitation for enforcement of foreign awards, being procedural in nature, is subject to the law of the forum where the foreign award is sought to be enforced. The Arbitration Act, 1996 does not specify any period of limitation for filing an application for enforcement of a foreign award. Section 43 provides, The […]

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Lord Buckmaster

“Diwan Bros. v. Central Bank of India, (1976) 3 SCC 800 referred to the well-known dictum of Lord Buckmaster in Barras v. Aberdeen Steam Trawling and Fishing Company, 1933 AC 402. “It has long been a well-established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning […]

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Life of Numbers

“We cannot obviously feed into a judicial computer all such… astrological imponderables in an imperfect and undulating society.” – Bachan Singh v. State of Punjab, (1982) 3 SCC 24. _____ Rule 55A of The Motor Vehicles Rules, 1994, framed and published by Madhya Pradesh, prescribes ₹ 10,000/- for reservation of a large series of registration […]

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Act of Transformation

Most jurists draw distinction between ‘direct application’ of treaties in domestic law, and national legal systems that mandate and require ‘act of transformation’ for an international treaty to apply and be a part of domestic law; ‘direct application’ means and mandates that the treaty norms, either wholly or to some extent, are directly treated as […]

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The Tenth Schedule

E.P. Royappa, (1974) 4 SCC 3 is clear that the burden of establishing mala fides is very heavily on the person who alleges it. Courts should not uphold a plea of mala fides on the basis of mere probabilities. _____ It is said, a Judge must not alter the material of which the Act is […]

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Consume

“As per Concise Oxford English Dictionary (Twelfth South Asian Edition, Page 307), one of the meanings assigned to the verb ‘consume’, derived from latin ‘consumere’ (con – ‘altogether’ + sumere – ‘take out’), is ‘eat, drink or ingest – use up – (especially of a fire) completely destroy’. The noun derived from this verb is […]

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Harassment of Agriculturists

“S. Ambika Devi entered into a tripartite agreement with M/s. Nandan Biomatrix Ltd. and its franchisee M/s. Herbz India. She purchased 750 kilograms of wet musli at the rate of Rs. 400/- per kilogram. M/s. Nandan Biomatrix Ltd was to buy back the produce at a minimum price of Rs. 1,000/- per kilogram.   It […]

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Article No. 800: The Revival of Ray XL / Disjunctive, Conjunctive II

“Reliance has been placed on Sri Nasiruddin v. State Transport Appellate Tribunal, (1975)  2 SCC 671. The word ‘or’ was given grammatical meaning. It was held that the word ‘or’ cannot be read as ‘and’. They should be considered in an ordinary sense. If two different interpretations are possible, the Court will adopt that which […]

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