The expression ‘of the same nature’ in Section 83 of The Motor Vehicles Act, 1988 can have multiple meanings. This phrase, in its natural expression, would only mean having similar features. But then, would ‘same’ mean similar, identical, equivalent, comparable, interchangeable or related? Likewise, would ‘nature’ mean type, feature, texture, make, model, design, or generation? […]
Read more "Same Nature / The Revival of Ray LXXX"The Juvenile Justice (Care and Protection of Children) Act, 2000 stands repealed by The Juvenile Justice (Care and Protection of Children) Act, 2015.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"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"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"Mallikarjun Kodagali v. State of Karnataka, (2019) 2 SCC 752 observed, victim is not to pray for grant of special leave to appeal, as victim has a statutory right of appeal and proviso to Section 372 does not stipulate any condition of obtaining special leave to appeal like Sub-Section (4) of Section 378. Right provided […]
Read more "Section 372 of The Code of Criminal Procedure, 1973 II"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"State of Mizoram issued an invitation for ‘Expression of Interest’, through Institutional Finance and State Lottery, inviting bids for appointment of lottery distributors and selling agents for Mizoram State Lottery to be organized by Government of Mizoram in terms of The Mizoram Lotteries (Regulation) Rules, 2011 framed under The Lotteries (Regulation) Act, 1998. A purchaser […]
Read more "Competition in Lottery"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"Number of candidates was not quite large. 4270 in U.P. Public Service Commission v. Subhash Chandra Dixit, (2003) 12 SCC 70. 51524 and 5748 in preliminary and main examinations respectively in Sanjay Singh v. U.P. Public Service Commission, Allahabad, (2007) 3 SCC 720. 3000 in Mahinder Kumar v. High Court of Madhya Pradesh, (2013) 11 […]
Read more "The Rules of The Game Principle IV"As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]
Read more "Act of God"The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"We cannot read, a word in singular, namely: ‘consumer’, will not include plural. If vowel ‘a’ and word ‘consumer’ appearing in Section 2(5)(i) of The Consumer Protection Act, 2019 are to be understood to exclude more than one person, it will result in a disastrous consequence while reading Section 2(5)(vi). A way of interpreting Section […]
Read more "Class Action, Consumer Disputes II"Learned Senior Counsel made a request to wait for a decision. “We do not consider it necessary to do so.” Only after Reference to Larger Bench in State Bank of India v. Sheo Shankar Tewari, (2019) 5 SCC 600 this Court decided Indian Bank v. Promila, (2020) 2 SCC 729; N.C. Santhosh v. State of […]
Read more "Compassionate Appointment IV"On a fair reading of Section 427 of CrPC, when a person who is already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at expiration of imprisonment to which he has been previously sentenced. However, there is an […]
Read more "Section 427 of The Code of Criminal Procedure, 1973"Court has propounded several tests for determining reasonableness for purpose of Article 19(1)(g). These have ranged from testing restrictions for arbitrariness [Dwarka, AIR 1954 SC 224; Shree Meenakshi Mills, AIR 1974 SC 366], excessiveness [Chintaman Rao, AIR 1951 SC 118] and discerning their objective of compliance with Directive Principles of State Policy [Saghir Ahmad, (1955) […]
Read more "Proportionality in Culture of Justification I"Waiver is abandonment of a right which normally everybody is at liberty to waive [Pravesh Kumar Sachdeva v. State of Uttar Pradesh, (2018) 10 SCC 628]. Waiver of mandatory requirement of a statute was considered by this Court in depth in Commissioner of Customs, Mumbai v. Virgo Steels, Bombay, (2002) 4 SCC 316. Similarly, in […]
Read more "The Doctrine of Waiver"Section 220, CrPC envisages situations when a person shall be tried for multiple offences at one trial. It now needs to be determined, if Section 220, CrPC can be applied to proceedings before a Special Court constituted under The Mines and Mineral (Development and Regulation) Act, 1957. It is apparent, on combined reading of […]
Read more "The Principle, Rule, Doctrine of Implied Repeal II"A dispute arose relating to recovery of 3648.80 grams of pure gold. Arbitration Clause was invoked. High Court appointed a Retired District Judge as Sole Arbitrator. Gyan Prakash Arya was directed, “return 3648.80 grams of pure gold within three months along with interest @18% per annum calculating value of gold at Rs. 740/- (Rupees Seven […]
Read more "Section 33 of The Arbitration Act / Arbitration of Gold"There is a subtle difference between a defective investigation and one brought forth by a calculated and deliberate action or inaction. While dealing with a defective investigation, Court is expected to sift evidence available and find out truth. Every case involves a journey towards truth. We are distressed to note, investigation has not been conducted […]
Read more "Colorable Investigation"
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