“As has been stated by us above, ‘means’ ‘and includes’ is a legislative device by which the ‘includes’ part brings by way of extension various persons, categories, or things which would not otherwise have been included in the ‘means’ part. If this is so, obviously both parts cannot be read conjunctively. What is in the […]
Read more "A “Means and Includes” Definition II"It is always interesting to note References to a Larger Bench, ones especially made on account of ‘difference’ of opinions amongst Equal Bench Strengths. Eventually, it is flocculation of law of the land; per incuriam decisions stand filtered, retaining still its historical significance. Which SC Judge is known to have scripted, most number of per incuriam decisions? […]
Read more "Referred to Larger Bench II (Answered): Suits of Borrower Against Banks"In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao, (2001) 10 SCC 51 a Two-Judge Bench [Babu and Raju JJ] held, “the rules of the game, meaning thereby the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process of selection has commenced.” In K. Manjusree, (2008) 3 SCC 512 […]
Read more "Referred to Larger Bench I: The Rules of The Game Principle"Oft-Repeated Statement, Supreme Court Judges: “STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM“. Theorem of Euclid not purposively imagined? A strange notion has been harbored all these years that mathematics is purely mechanical. Euclid’s Theorem: “THERE ARE INFINITELY MANY PRIMES”. Without a […]
Read more "Euclid’s Theorem I"Hon’ble Justice Nariman has the penchant for stating what is ‘settled’. Sitting Judges have something to learn from the confidence of his authorship. “It is well settled that the provisions of a statute must be read harmoniously together.” “However, if this is not possible then it is settled law that where there is a conflict […]
Read more "‘Settled’ Principles of Interpretation"In 1818, Abraham Thornton, acquitted on a charge of murdering Mary Ashford, on being rearrested, claimed a trial by combat. The prosecution stated that a law ought to become invalid if it was not used for centuries. The Court, however, had to “administer the law as they found it, and not as they wished it […]
Read more "Desuetude"It is rare for an Advocate to be directly appointed as a Judge of Hon’ble Supreme Court of India. It is even more rare, he/she shall become a Judge in a day. I am inclined to believe, Hon’ble Justice R.F. Nariman is still an Advocate in his heart. The manner in which he quotes precedents […]
Read more "A “Means and Includes” Definition I"The omission to cite an authority of law is not a ground for review. It is Counsel’s error to have not brought to notice of Court, relevant precedents. Citing of authority, therefore, often offers problems to the Bar. There is sometimes the question of how many cases to cite. “Especially since, we have not yet […]
Read more "The Proverbial Chickens of Destiny"In the year 2000, the State of Maharashtra awarded a contract for some construction work to Atlanta Limited. Disputes borne out of the contract were to be decided through Arbitration. Recourse to a Court against an Arbitral Award may be made only by an application for setting aside such Award in accordance with Sub-Section (2) […]
Read more "The Rare Case Where Section 42 of the Arbitration Act Fails"
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