Judgment

‘Judgment’ means a judicial opinion which tells the story of the case; what the case is about; how the Court is resolving the case and why. ‘Judgment’ should be coherent, systematic and logically organized. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. Many times […]

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Backdrop of Dominant Purpose

Philips India Limited v. Labour Court, Madras, (1985) 3 SCC 103; Balasinor Nagrik Cooperative Bank Limited v. Babubhai Shankerlal Pandya, (1987) 1 SCC 606; Mohan Kumar Singhania v. Union of India, 1992 Supp (1) SCC 594; Sultana Begum v. Prem Chand Jain, (1997) 1 SCC 373; Jagdish Singh v. Lt. Governor, Delhi, (1997) 4 SCC […]

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Binding Precedent

Umabai v. Nilkanth Dhondiba Chavan, (2005) 6 SCC 243 and Tulsi v. Chandrika Prasad, (2006) 8 SCC 322 were not brought to notice of this Court in Vanchalabai Raghunath Ithape v. Shankarrao Baburao Bhilare, (2013) 7 SCC 173. In absence of consideration, we find Vanchalabai Raghunath Ithape will not lay down a binding precedent. – […]

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Monstrosity of Winnability II

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 […]

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Cancellation of Bail

Section 389(1), CrPC allows Court to release a convicted person on bail. The factors that govern grant of suspension of sentence under Section 389(1) have been discussed by this Court in Atul Tripathi v. State of U.P., (2014) 9 SCC 177. Ramji Prasad v. Rattan Kumar Jaiswal, (2002) 9 SCC 366 observed, in cases involving […]

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Be Kind Rewind, Strict Liability

“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 […]

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May & Shall II

It is to be considered whether the word ‘shall’ used in Section 12 of The Disaster Management Act, 2005 is required to be interpreted and considered as ‘shall’ or ‘may’ and whether it is ‘mandatory’ or ‘directory/discretionary’. The word ‘shall’ is used twice. Cases are not wanting where the words ‘may’, ‘shall’ and ‘must’ are […]

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Retrospective Validating Statute

A competent Legislature can always validate a law which has been declared by Courts to be invalid, provided the infirmities and vitiating factors noticed in the declaratory Judgment are removed or cured. Such a validating law can also be made retrospective. All that Legislature does is to usher in a valid law with retrospective effect […]

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Section 364A, Indian Penal Code

The first essential condition as incorporated in Section 364A is: “whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction.” The second condition begins with conjunction ‘and’. The second condition has also two parts, i.e., (a) threatens to cause death or hurt to such person or (b) by […]

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Names in CBSE Certificates

“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]

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Repugnancy

Repugnancy can be looked at from three distinct perspectives. The first is where provision of a State enactment is directly in conflict with a law enacted by Parliament. Compliance with one is impossible along with obedience to the other. The second is where regulation of subject matter by Parliament is so complete as a code, […]

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Permissible School Fees

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 […]

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Seat of Arbitration II

My Lord, Two Companies, incorporated in India, can Arbitrate outside India? Yes. It is clear, there can be more than one ratio decidendi to a Judgment. Jacobs v. London County Council, (1950) 1 All ER 737 has been followed in State of Gujarat v. M.P. Jadeja, (2013) 2 SCC 300 and in Shayara Bano v. […]

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Same Transaction

Courts continue to struggle with the humongous pendency under Section 138 of The Negotiable Instruments Act, 1881. Offences that are committed as part of the same transaction can be tried jointly as per Section 220 of The Code of Criminal Procedure, 1973. What is meant by ‘same transaction’ is not defined. Indeed, it would always […]

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