Venue v. Seat, Arbitration

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 […]

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Any Other Sufficient Reason

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 […]

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Experts VI: Ballistics Experts

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, […]

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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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Suitability of Candidate

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, […]

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Exclusion of Votes

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 […]

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One Arranged Murder

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 […]

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Matters of Education

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. […]

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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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