A Valid Adoption

“A plain reading of The Hindu Adoptions and Maintenance Act 1956 would make it clear that compliance of the conditions in Chapter I is mandatory for an adoption to be treated as valid. The consent of the wife and proof of the actual ceremony of adoption are two important conditions. M. Vanaja has failed to […]

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Article No. 800: The Revival of Ray XL / Disjunctive, Conjunctive II

“Reliance has been placed on Sri Nasiruddin v. State Transport Appellate Tribunal, (1975)  2 SCC 671. The word ‘or’ was given grammatical meaning. It was held that the word ‘or’ cannot be read as ‘and’. They should be considered in an ordinary sense. If two different interpretations are possible, the Court will adopt that which […]

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Generalia Specialibus Non Derogant

“The maxim is quite well-known. The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. “Where there are general words in a later legislation capable of reasonable […]

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The Plea of Limitation XII: Written Statements, District Consumer Forums II

“By specifically enacting a provision under Sub­-Section (3) of Section 13, with a specific clarification that violation of the Principles of Natural Justice shall not be called in question where the procedure prescribed under Sub-­Sections (1) and (2) of Section 13 of The Consumer Protection Act, 1986 has been followed or complied with, the intention […]

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My Precious Bitcoin

  My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with […]

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Unconscionable Bargain

“In Brojo Nath Ganguly, (1986) 3 SCC 156 this Court considered the concept of unconscionable bargain. “The word ‘unconscionable’ is defined in the Shorter Oxford English Dictionary, [Third Edition, Volume II, Page 2288] when used with reference to actions, etc. as “showing no regard for conscience; irreconcilable with what is right or reasonable”. An unconscionable […]

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Per Incuriam III

Five Judges in Dr. Shah Faesal v. Union of India, [Writ Petition (Civil) No. 1099 of 2019] have decided the following. “The rule of per incuriam means a Judgment passed in ignorance of a relevant statute or any other binding authority [See, Young v. Bristol Aeroplane Co. Ltd., 1944 KB 718 (CA)]. The view that […]

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