The Shashoua Principle has been followed repeatedly in a series of decisions [See, BGS SGS Soma JV v. National Hydro Electric Power Corporation Ltd., 2020 (4) SCC 234]. Court, in the facts of this case, is of the opinion that it is inessential to explain or notice the difference between ‘venue’ and ‘seat’. – Hon’ble […]
Read more "Venue v. Seat, Arbitration"We will first discuss the scope of interference by a High Court in exercise of its Writ Jurisdiction with respect to disciplinary proceedings. State of Andhra Pradesh v. Chitra Venkata Rao, (1975) 2 SCC 557 reiterated the principles of State of Andhra Pradesh v. S. Sree Rama Rao, AIR 1963 SC 1723. “An error of […]
Read more "Writ Jurisdiction of High Courts II / The Revival of Ray LV"Charan Lal Sahu v. Giani Zail Singh, (1984) 1 SCC 390 must clearly govern the present case. It is settled, where a person has no interest at all, or no sufficient interest to support a legal claim or action, he will have no locus standi to sue. The entitlement to sue or locus standi is […]
Read more "Maintenance of Election Petitions"Tej Prakash Pathak, (2013) 4 SCC 540 doubted K. Manjusree, (2008) 3 SCC 512. If covered by K. Manjusree, in keeping with Tej Prakash Pathak [Salam Samarjeet Singh, (2016) 10 SCC 484 and Sivanandam, (2018) 1 SCC 239], the instant matter must either be Referred to a Larger Bench or must await the decision of […]
Read more "Referred to Larger Bench I Mentioned: The Rules of the Game Principle"See, Frame v. Smith, [1987] 2 SCR 99. Hospital Products Ltd. v. United States Surgical Corporation Ltd., (1984) 156 CLR 41 rightly observed, the scope of fiduciary duties is moulded according to the nature of the relationship and facts of the case. Principles of Fiduciary Relationships are equitable. Equity never operates in an absolute manner […]
Read more "Principles of Fiduciary Relationships"It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem, in the sense that it affects some High Courts far more than […]
Read more "The Persistent Illusion of Judge-Strength"The words ‘any other sufficient reason’ appearing in Order 47, Rule 1 of The Code of Civil Procedure, 1908 must mean a reason sufficient on grounds at least analogous to those specified in Order 47, Rule 1 as was held in Chhajju Ram v. Neki, AIR 1922 PC 112 and approved by this Court in […]
Read more "Any Other Sufficient Reason"Mohinder Singh, AIR 1953 SC 415 was considered by a Co-ordinate Bench of this Court in Gurucharan Singh, (1963) 3 SCR 585. The evidence of a ballistics expert would assume significance where direct evidence is not satisfactory, or is of interested witnesses or where the nature of the injuries requires expert corroboration. In other words, […]
Read more "Experts VI: Ballistics Experts"Constitution Benches are constituted to resolve a constitutional issue, harmonize conflicting views and settle the law. Constitution Bench decisions might only be reconsidered by a Constitution Bench of a Larger Strength and that too in exceptional and compelling circumstances. Bench of Lesser Strength cannot revisit the proposition laid down by at least Three Constitution Benches. […]
Read more "Judicial – Bench Strength – Decorum II"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 […]
Read more "The Revival of Ray LIV"There is a body of case law which clarifies, sans a statutory duty, a positive direction to do something, in a specific manner, cannot be given. It must be shown, there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance. – […]
Read more "The Nature of Judicial Power: Hon’ble Justice S. Ravindra Bhat"It may be added, every case in which a citizen/person knocks at the doors of the Writ Court for breach of his or its fundamental rights is a matter which contains a Public Law element, as opposed to a case which is concerned only with breach of contract and damages flowing therefrom. Whenever a plea […]
Read more "Principles of Natural Justice V"The definition of ‘shared household’ in Section 2(s) of The Protection of Women from Domestic Violence Act, 2005 is an exhaustive definition. The first part begins with ‘means’, which is undoubtedly an exhaustive definition, and the second part begins with ‘includes’, which is explanatory of what was meant by the definition. The use of both […]
Read more "A “Means and Includes” Definition V"Commissioner of Police, New Delhi v. Mehar Singh, (2013) 7 SCC 685 while considering a case of antecedents verification, for appointment into Delhi Police Service, observed, a candidate wishing to join the Police Force must be a person having impeccable character and integrity. In a case where candidates have been acquitted in a criminal case, […]
Read more "Suitability of Candidate"Constitution Bench in Konappa Rudrappa Nadgouda v. Viswanath Reddy, AIR 1969 SC 604 cautioned, the rule for exclusion of votes, secured by corrupt practices by the returned candidate, in the computation of the total votes and the consequential declaration of the candidate who secured the next highest number of votes as duly elected, can be […]
Read more "Exclusion of Votes"Hello, this is Saurabh Maheshwari speaking, taking over from Lordship Keshav for only a short while. I am on way to meet my fiancée Prerna on Karva Chauth. A white cab came in. Anjali stepped out. She had her backpack with her, which seemed heavy and huge compared to her skinny frame. ‘Adi Mamu, what’s […]
Read more "One Arranged Murder"It is trite to say that often, a proposition of law as laid down in a case is as good as the facts of the case. We say so in view of the fact that matters of education must be left to educationists, of course subject to being governed by the relevant statutes and regulations. […]
Read more "Matters of Education"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 […]
Read more "Default Bail"Parvez holds a Green Card, enabling him to reside in the US. He has resided in the US since 1985. Parvez Noordin Lokhandwalla allegedly forged and fabricated the Power of Attorney of Shalin Lokhandawalla. An FIR was registered in 2014. However, between 10.03.2015 and 10.01.2020, Parvez travelled between the US and India on 16 occasions. […]
Read more "The Fundamental Right to Travel Abroad"Nilanjan and Second Respondent, who were based in India at the time of the wedding, moved to the US in April, 2015. 25.12.2016, Adhrit was born. He is a US citizen. Second Respondent, after travelling to India in 2019, informed Nilanjan of her plans not to return to the US and to continue to reside […]
Read more "The “First Strike” in Child Custody Battles IV"