‘Stare Decisis’ is a Latin phrase which means “to stand by decided cases; to uphold precedents; to maintain former adjudication.” SC in Paragraph 26-A, Indra Sawhney, (1992) 3 SCC 217 observed, in law, certainty/consistency/continuity are highly desirable features. Doctrine of Stare Decisis is not an ‘imprisonment of reason‘. Concepts are good servants but bad masters. […]
Read more "Stare Decisis, Not Logic Intolerant"“We record our deep sense of appreciation for the valuable assistance rendered by Mr. Harish Salve. According to him, while deciding the question as to whether the Writ lies under Article 226 against any person, juristic body, organization, authority etc., the test is to examine in the first instance the object and purpose for which […]
Read more "The Public Function Test, Mr. Harish Salve"“Ecclesiastical Jurisprudence in India revolves around exposition of Constitutional Guarantees under Articles 25 and 26 as made from time to time. The development of this branch of jurisprudence primarily arises out of claimed rights of religious groups and denominations to complete autonomy and prerogative of exclusive determination of essential religious practices. A decision on such […]
Read more "Indian Ecclesiastical Jurisprudence"CCE v. SKF India, (2009) 13 SCC 461 & CCE v. International Auto, (2010) 2 SCC 672 – two cases with “almost identical” factual scenarios – fortuitously decided by the same Bench, do not [perhaps] correctly interpret the provisions of Section 11AB of The Central Excise Act, 1944 and “require a re-look”. What is the effect of […]
Read more "Referred to Larger Bench VI: Section 11AB, The Central Excise Act, 1944"To convict for the offence punishable under Section 304-B, the following essentials must be satisfied: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; “Section 304B IPC does not categorize death as homicidal or suicidal or accidental. This is because death caused by […]
Read more "Landmark Judgment on Dowry Deaths"This one shall remain for posterity. Suggestion 24 in GS’s Collegium Submissions: “No Judge must be asked to state what he considers are his ‘best Judgments’. It is further submitted, having regard to the Prowess of Law Clerks who are presently assisting Judges, it is often difficult to find out the true ability of a Judge to […]
Read more "The Prowess of Law Clerks"As per Section 13(2)(a) of The Consumer Protection Act, 1986 the period of limitation for filing a written statement before a District Forum is 45 days. In J.J. Merchant, (2002) 6 SCC 635 the question arose whether the Forum can grant time beyond 45 days to the opposite party for filing its version. The Three-Judge Bench answered […]
Read more "The Plea of Limitation V: Written Statements, District Consumer Forums I"Dial D for Don chronicles adventures of a decorated Police Officer. The facts are intense. At the centre of it all is The Don. The Don always sells. And this book too will earn from his name, for the most part. There are other stories too. “Operation Desert Safari“, detailing the rescue of Thekkat Siddique from 12/22 […]
Read more "A Review of “Dial D for Don: Inside Stories of CBI Missions”"“Writ of Mandamus is an extraordinary remedy and is intended to supply deficiencies in law and is thus discretionary in nature. The issuance of a Writ of Mandamus pre-supposes a clear right of the applicant and unjustifiable failure of a duty imposed on an authority otherwise obliged in law to imperatively discharge the same. The […]
Read more "The Writ of Mandamus II"“A new class of Estoppel recognised as ‘Promissory Estoppel’ has assumed considerable significance in recent years. This principle, evolved by equity, to avoid injustice is traceable in the leading case on the subject in Central London Property Trust Ltd. vs. High Trees House Ltd., (1947) 1 KB 130. This Court in Nestle India Limited, (2006) […]
Read more "Promissory Estoppel III"Anuradha v. Mohandas, [Transfer Petition 702 of 2015] Petitioner got married to Respondent in 2010. Petitioner was a divorcee. It was a love marriage. In 2015, Respondent filed for a decree of divorce before Family Court, Bombay. Petitioner moved an application before SC for a transfer of that divorce case to Hyderabad, where she way staying. On […]
Read more "Mohandas Must Pay"Retired, Hon’ble Chief Justice of India A.N. Ray once said, as evidenced by George H. Gadbois, Jr, “An Indian Chief Justice, like the Lord Chief Justice, in England, should not take up any Post-Retirement Positions.” Hon’ble Justice T.S. Thakur believes however, “An Indian Chief Justice, should not be a Wasted, Valuable Human Resource.” 65 is […]
Read more "A Valuable Human Resource"My Lord, Family Arrangements? “Paragraph 9 of Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119 deserves full respect.” – Hon’ble Justice Shiva Kirti Singh, Rajni Sanghi v. Western India State Motors, [Civil Appeal No. 3698 of 2006]. _____________ For Interest, Paragraph 9 of Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119 [By virtue […]
Read more "Family Arrangements"My Lord, What is Mandamus? “Mandamus literally means a command. The essence of Mandamus in England was, it was a royal command issued by King’s Bench (now Queen’s Bench) directing performance of a public legal duty. A Writ of Mandamus is issued in favour of a person who establishes a legal right in himself. A […]
Read more "The Writ of Mandamus I"Hon’ble Justice Vikramajit Sen has yet again described what “holds the field” [See, The Proverbial Chickens of Destiny & Sen J I ]. The phrase “holds the field” is to Sen J what a “means and includes” definition is to Nariman J. “A Smaller and a Later Bench has no freedom other than to apply the […]
Read more "Sen J II"My Lord, What is a ‘Continuing Offence’? Deokaran Nenshi, (1972) 2 SCC 890 distinguished between continuing offences and offences committed once and for all. “A continuing offence is one which is susceptible of continuance and is distinguishable from one which is committed once and for all. It is one of those offences, which arises out […]
Read more "A Continuing Offence"Trivia 1: There is an irony in the name Franz Oberhauser. Franz, the half-brother of Bond, is the one who stays in the ‘other house’, the Oberhaus, the house other than Skyfall. Trivia 2: Growing up, what did Bond have for breakfast? Do we have a definitive scene of James Bond eating? He has ordered […]
Read more "James, James Bond"NJAC Order, 20:11 Forget names in Order. I should ideally be congratulating 2, and politeness invites it. This post is reserved for Mr. Prateek Chadha! Some fine suggestions. I am sure I can see a bit of you in there.
Read more "Lawyer Profiles III: Hearing Concluded, Orders Reserved"My Lord, Is there a Fundamental Distinction between a “Repeal” and an “Omission” in that in the case of a “Repeal” the Statute is obliterated from the very beginning whereas in the case of an “Omission” what gets omitted is only from the date of “Omission” and not before? No. We do not find any […]
Read more "Lawyer Profiles II: Repeal v. Omission"Tape records of speeches are “documents”, as defined by Section 3 of The Evidence Act, and stands on no different footing than photographs [See, Ziyauddin, (1976) 2 SCC 17]. They are admissible in evidence on satisfying the following conditions: (a) The voice of the person alleged to be speaking must be duly identified by the maker […]
Read more "Tape Records of Speeches"
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