My Lord, Independent of the provisions contained in Codes of Civil and Criminal Procedure is there a source of power which the Supreme Court can invoke for directing transfer of a case from or to the State of Jammu and Kashmir? Yes. “The fact that there is no such enabling provision for transfer from or […]
Read more "The Real Apprehension in Transferring Cases II"“An application under Order 7, Rule 11 can be filed at any stage. The only restriction is that the consideration of the application for rejection should not be on the basis of the allegations made in the written statement or on the basis of the allegations in the application for rejection of the plaint. Court […]
Read more "The Drastic Power of Rejecting a Plaint II"“Principles of Natural Justice, it is well settled, are not codified rules of procedure. Courts have repeatedly declined to lay down in a strait jacket, their scope and extent. The extent, the manner and the application of these Principles depends so much on the nature of jurisdiction exercised by Court or Tribunal, the nature of […]
Read more "Principles of Natural Justice II"My Lord, Why is Supreme Court not a Constitutional Court? Relying upon Vidhi Centre for Legal Policy, Mr. Venugopal established, Supreme Court had strayed from its original character as a Constitutional Court and gradually converted itself into a mere Court of Appeal to correct every error it found in decisions of 24 High Courts and […]
Read more "Referred to Larger Bench X: Vidhi Centre for Legal Policy"My Lord, When an Arbitration Agreement is denied, can the Chief Justice or his Designate, in exercise of power under Section 11 of The Arbitration and Conciliation Act, 1996 appoint an Arbitrator without deciding the question whether there was an Arbitration Agreement between the parties, leaving it open to be decided by the Arbitrator? No. […]
Read more "Section 11 of The Arbitration Act III"No Court or Tribunal can extend the period of limitation for filing a suit. Even if any cause, beyond the control of the plaintiff is shown also, the only extension is what is permitted under Section 4 of The Limitation Act, 1963, the period coming under Court holiday. Section 4 no doubt applies to suits […]
Read more "The Plea of Limitation VI: Non-Working Saturdays"My Lord, Is the ‘Internal Disturbance’ in Manipur equivalent to a ‘War’? “In support of his contention that a war-like situation was and is prevailing in Manipur, Learned Attorney General submitted that, under Section 121 of IPC, ‘war’ is not necessarily conventional warfare between two nations and even organizing and joining an insurrection against Government […]
Read more "Internal Disturbance I"“Under Section 24A of The Advocates Act, 1961 a person convicted of even a most heinous offence is eligible to be enrolled as an Advocate after expiry of 2 years from expiry of his sentence. This aspect needs urgent attention of all concerned. Apart from the above, we do not find any reason to hold, […]
Read more "Section 24A of The Advocates Act, 1961"“On February 1, 2011 when Himgiri Express left Shahjahanpur Railway Station with hundreds of men on roof top and headed towards Rosa town, an accident took place at Hathaurda Railway Over Bridge near Mohammadabad. The Railway Over Bridge was not tall enough and the gap between the roof of the coach and the bottom of […]
Read more "Compensatory Jurisprudence of Constitutional Courts III: Himgiri Express"“It is not open either to parties to a lis or to any third parties, to determine at their own, that an Order passed by a Court is valid or void. A party to the lis or a third party, who considers an Order passed by a Court as void or non est, must approach […]
Read more "Setting Aside Orders"“The interpretation of Section 56 of the The Contract Act, 1872 came up for consideration in Satyabrata Ghose v. Mugneeram Bangur & Co., (1954) SCR 310 It was held by this Court that the word ‘impossible’ has not been used in the sense of physical or literal impossibility. It ought to be interpreted as impracticable […]
Read more "Section 56 of The Indian Contract Act, 1872 I"“Different situations can arise in the interplay between The Companies Act, 1956 and The Sick Industrial Companies (Special Provisions) Act, 1985 [for instance, in the matter of winding up of a company: i) where winding up proceedings are pending, but no order of winding up has been passed against the company, and a reference is […]
Read more "SC Resolves Conflict Between SICA & Companies Act"In a Judgment, indicative of clerical errors and incorrect citations, at least, the following is clear: “The Chief Justice exercises judicial power while passing an order under Section 11 of The Arbitration and Conciliation Act, 1996 and thus can examine the question as to whether the claim which has been raised before him survives and […]
Read more "Section 11 of The Arbitration Act II"Section 32-A of The Narcotic Drugs and Psychotropic Substances Act, 1985 reads as follows: “32-A. No suspension, remission or commutation in any sentence awarded under this Act – Notwithstanding anything contained in The Code of Criminal Procedure, 1973 or any other law for the time being in force but subject to the provisions of Section 33, […]
Read more "Section 32-A of The NDPS Act"Justices A.K. Goel and A.M. Khanwilkar have allowed State of West Bengal v. Aswini Kumar Mahato, [Civil Appeal No. 4689 of 2011] against a Calcutta High Court order in which it was held, once an employee retires on attaining age of superannuation, concerned authority has no jurisdiction to pass an order in a disciplinary proceeding […]
Read more "Pension Cuts under Proviso (a), Rule 10(1) of The West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971"SC in Lakshmi Rattan Engineering Works Ltd. v. Assistant Commissioner Sales Tax, Kanpur, AIR 1968 SC 488 had the occasion to consider the meaning of the expression ‘entertain’ in the context of The Uttar Pradesh Sales Tax Act, 1948. It was held that the expression has the meaning of ‘admitting to consideration’. An appeal under […]
Read more "Deposit under Section 18 of SARFAESI Act"Dr. Rini Johar v. State of M.P. [Writ Petition (Criminal) No. 30 of 2015] has brought back memories of Rudul v. State of Bihar, (1983) 4 SCC 141 that heralded a new era of compensatory jurisprudence in Indian legal history. Rini and Gulshan Johar were arrested in 2012 without following the procedure of arrest. SC held, […]
Read more "Compensatory Jurisprudence of Constitutional Courts II: Rini Johar"“There is a tide in the affairs of men, which taken at the flood, leads on to fortune. Omitted, all the voyage of their life is bound in shallows and in miseries. On such a full sea are we now afloat. And we must take the current when it serves, or lose our ventures.” Legal Eagles traces the journey of […]
Read more "A Review of “Legal Eagles”"My Lord, What is the Doctrine of Mutuality? “The said Doctrine is predicated on the principle enunciated in Styles v. New York Life Insurance Company, (1889) 2 TC 460, 471 (HL) by Lord Watson in the following words: “When a number of individuals agree to contribute funds for a common purpose, such as the payment […]
Read more "The Doctrine of Mutuality I"My Lord, If an Arbitration Clause stipulates, dispute under contract ‘is to be settled and referred to Arbitration in London’ and further stipulates, ‘English Law’ will apply, does that expressly exclude applicability of Part I of Arbitration Act? Yes. “The parties have clearly intended that the Arbitration will be conducted in accordance with English Law […]
Read more "Express Exclusion of Part I of The Arbitration Act"
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