Hon’ble Justice S Rangarajan in Delhi Cloth & General Mills Co. Ltd., ILR (1975) II Delhi 174 noticed: “The words employed – might and ought – are cumulative; they are not in the alternative.” The words “might and ought” are used in a conjunctive sense. Lord Morris in Kameswar Pershad, 1892 SCC Online PC 16 […]Read more "Might and Ought"
Power of Judicial Review, High Court [Article 226], Supreme Court [Article 32]: Integral and Essential Feature; Basic Structure of Constitution [L. Chandra Kumar, (1997) 3 SCC 261]. Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Bench of Coordinate Strength/Larger Strength or a Higher Forum. ✔ Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Smaller Bench of Lesser Strength. ✘ […]Read more "Judicial – Bench Strength – Decorum / Revival of Ray XIV"
“For Muslims, place of birth of Hazrat Muhammed, i.e. Saudi Arabia, is the most sacred place. Visiting that place is pilgrimage for Muslim community, which is known as performing ‘Haj’. It is the desire of every person of Muslim faith, living anywhere in this world, to visit Saudi Arabia for performing Haj. The Kingdom of […]Read more "Unchartered Ocean of Policy Decision / Revival of Ray XIII"
My Lord, Interest? No. “The High Court has held that no interest is payable. Arbitrators are creatures of agreements. G.C. Roy, (1992) 1 SCC 508 exhaustively dealt with power of the Arbitral Tribunals to grant pre-reference and pendente lite interest. Of course, 1940 Act was in vogue at that time. In Reliance Cellulose Products Ltd., […]Read more "Section 31(7) of The Arbitration Act V"
Contempt, Yes/No ≠ Mechanical Application of Mind [Sushila Raje Holkar, (2008) 14 SCC 392]. Contempt Jurisdiction = Four Corners of Disobeyed Order [Sudhir Vasudeva, (2014) 3 SCC 373]. Contempt Jurisdiction, Disobeyed Order = Willful Disobedience and Non-Compliance. Hon’ble Justice R. Banumathi, Armugam v. Balakrishnan, [Civil Appeal No. 1510 of 2019].Read more "Contempt Jurisdiction I"
“This Court in Chajoo Ram, (1971) 1 SCC 774 held that the prosecution under Section 195 could be initiated only by the sanction of the Court and only if the same appears to be deliberate and conscious. The category of offences which fall under Section 195(1)(b)(i) refer to the offence of giving false evidence and […]Read more "Section 193, Indian Penal Code"
Mary Sagarika Biswas, of sound and competent mind, was considered ‘entitled’ to ‘lead her own life as per her own choice in the matter of sexual orientation’ [Writ Petition No. 23120(W) of 2018]. It appeared from her statement recorded under Section 164, The Code of Criminal Procedure that she is a ‘lesbian’. Of course, consensual […]Read more "#The377Debate IV: Lesbian Morality"