Constitution Bench in Triveniben v. State of Gujarat, (1989) 1 SCC 678 held, while considering delay in execution of Death Sentence, period consumed in judicial process culminating in confirmation of Death Sentence should not be taken into consideration. The question of execution arises only when Death Sentence becomes final. An ‘inordinate’ delay in execution […]
Read more "Review of Death Penalty XLI"It is well settled, where a ‘citizen aggrieved’ by an action of Government Department has approached Court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended benefit without need for them to go to Court [Amrit Lal Berry v. Collector of Central Excise, New Delhi, (1975) 4 SCC […]
Read more "Aggrieved Person III"Therefore, res judicata impacts not only actual matter determined, but every other matter which parties might or ought to have litigated and have decided as incidental to or essentially connected with subject matter of litigation. It includes every matter coming into legitimate purview of original action, both in respect of matters of claim and defence […]
Read more "The Revival of Ray XCVI"During course of hearing a practical test was conducted and it was found, said underwear was not of Andrew Salvatore’s size. _____ 04.04.1990: Andrew Salvatore, an Australian, travelling from Thiruvananthapuram to Mumbai, while undergoing frisking, was found to be in possession of 55 grams and 6.6 grams of charas. _____ M.R. Ajayan has submitted, he […]
Read more "61.6 Grams of Charas"Central Board of Dawoodi Bohra Community v. State of Maharashtra, (2005) 2 SCC 673 reiterated, if a Bench of Lower Strength is ‘doubtful’ about correctness of a Judgment delivered by a Bench of Larger Strength, it cannot ‘disagree’ or ‘dissent’. It can invite Chief Justice of India’s attention and request, the matter be listed before […]
Read more "Referred to Larger Bench XVI Explained"Union of India v. Tantia Constructions Limited, 2021 SCC OnLine SC 271 prima facie disagreed with Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), [2019] 16 SCR 1234. In present reference, we have upheld decisions of this Court in TRF Ltd. v. Energo Engineering Projects Ltd., [2017] 7 SCR 409 and Perkins Eastman Architects DPC […]
Read more "Referred to Larger Bench XXX Answered: Unending Suspicion and Endless Cycle of Mistrust"The eligibility criteria for being placed in select list, notified at commencement of recruitment process, cannot be changed midway through recruitment process. Even if such change is permissible under extant rules or advertisement, change would have to meet requirement of Article 14 and satisfy test of non-arbitrariness. K. Manjusree, (2008) 3 SCC 512 lays down […]
Read more "Referred to Larger Bench I Answered: The Rule of The Game Principle XI"It cannot be declared as a general rule, merely because a legal proceeding is not a ‘suit’, it would be completely exempted from application of principles underlying Order 23, Rule 1. These principles, being in nature of public policy, bring efficiency and certainty to administration of justice by any Court and should be invoked and […]
Read more "Order 23, Rule 1 of The Code of Civil Procedure, 1908"It has been an adventure. If a Judgment is pronounced by a Bench of Seven Judges, with Four Judges constituting Majority, Majority Judgement will constitute a binding Judgment by a Bench of Seven Judges and not a Bench of Four Judges. This position of law has been clarified and settled by a Constitution Bench of […]
Read more "The Nature of Judicial Power: Minority Judgment Value"Chief Justice A.N. Ray in Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1 held, since the legislation is not subject to any other constitutional limitation, applying Doctrine of Basic Structure to test validity of a statute will amount to ‘rewriting the Constitution’. Learned Judge further observed, application of an undefinable Theory of Basic […]
Read more "The Doctrine of Basic Structure IV / The Revival of Ray XCV"The issue before a Seven-Judge Bench of this Court in Bar Council of Maharashtra v. MV Dabholkar, (1975) 2 SCC 702 was whether State Bar Council was an ‘aggrieved party’ to maintain an appeal under Section 38 of The Advocates Act, 1961. Chief Justice A.N. Ray, writing for Majority, held, State Bar Council was an […]
Read more "The Revival of Ray XCIV"In Re: Section 6A of The Citizenship Act, 1955, WP (Civil) No. 274 of 2009 Five-Judge Bench of this Court in Modern Dental College and Research Centre v. State of Madhya Pradesh, (2016) 7 SCC 353 observed, “Traditions that might have been acceptable at some historical point of time are not cast in stone. If […]
Read more "The Nature of Judicial Power: Hon’ble Justice J.B. Pardiwala’s Dissent"Eknath Kisan’s Daughter, Pramila was in inter-caste marriage. Learned Counsel for State of Maharashtra, Mr. Siddharth Dharmadhikari would contend, Courts have rightly awarded Death Sentence. Learned Senior Counsel, Dr. Aditya Sondhi has vehemently prayed, Eknath Kisan be acquitted. In alternative, it is prayed, Courts have failed to consider mitigating circumstances in proper perspective. Eknath Kisan’s […]
Read more "Review of Death Penalty XL"Hon’ble Justice J.B. Pardiwala described, ‘tenure’ is derived from Latin: ‘tenere’, which means ‘to hold’.”[1] In a ‘tenure’ what does one even ‘hold’ considering Hon’ble Justice Dr. D.Y. Chandrachud himself declares, “We may not be masters of our destiny. Nor can we control what life has in store. What we can determine is how we […]
Read more "Justice Dr. D.Y. Chandrachud’s Tenure"Our interpretation of the Constitution must fill silences in its text. Framers could not have anticipated every situation to arise in future. They also intentionally left certain decisions to discretion of future generations. However, choices we make today must align with broader constitutional framework and values. The fight against caste-based discrimination is not a battle […]
Read more "The Nature of Judicial Power: Caste in Prison Manuals"‘Life is the art of drawing sufficient conclusions from insufficient premises.’ – Samuel Butler, Erewhon (1872). In present case, Appellants cleverly concocted a story of Shama escaping from their custody and created a record to buttress it. Not content therewith, Appellants also cooked up what is clearly a fabricated saga of Shama surfacing in Raipur and being convicted by a Railway […]
Read more "Shama’s Escape"Doctrine of Inchoate Crimes is a cornerstone of criminal jurisprudence. It is aimed at addressing legal culpability of those who engage in preparatory conduct. If unaware about Section 15 of The Protection of Children from Sexual Offences Act, 2012, this by itself does not give rise to a corresponding legitimate or reasonable ground to believe, […]
Read more "Broken Phones"Explanation 1 to Section 34(2)(b)(ii) of Arbitration Act, added through Amendment, 2015, specifies, an Arbitral Award is in conflict with public policy of India only if (i) making of Award was induced or affected by fraud or corruption or was in violation of Section 75 or Section 81; or (ii) it is in contravention with fundamental policy of […]
Read more "Most Basic Notions of Justice"We accept view taken by High Courts of Delhi, Jammu and Kashmir and Ladakh, Bombay, Kerala, Madras and view expressed by High Court at Calcutta. Section 29A(4) requires interpretation. It states, where Arbitral Award is not made within specified period of 12 months [Section 29A(1)] or extended period of 6 months [Section 29A(3)], mandate of […]
Read more "Section 29A(4) of The Arbitration Act"There can be no doubt, it is not necessary to furnish copies of each and every document to which a casual or passing reference may be made in narration of facts and which are not relied upon by Detaining Authority. However, failure to furnish copies of such documents as are relied on by Detaining Authority […]
Read more "Preventive Detention Statute VI"
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