There is a subtle difference between a defective investigation and one brought forth by a calculated and deliberate action or inaction. While dealing with a defective investigation, Court is expected to sift evidence available and find out truth. Every case involves a journey towards truth. We are distressed to note, investigation has not been conducted […]
Read more "Colorable Investigation"A claim of juvenility may be raised at any stage of a criminal proceeding, even after a final disposal. An application claiming juvenility could be made either before Court or JJ Board. It is neither feasible nor desirable to lay down an abstract formula to determine age of a person. It has to be on […]
Read more "Claim of Juvenility I"The act of ‘touching’ sexual part of body or any other act involving ‘physical contact’, if done with ‘sexual intent’, would amount to ‘sexual assault’ within meaning of Section 7 of The Protection of Children from Sexual Offences Act, 2012. Restricting interpretation of words ‘touch’ or ‘physical contact’ to ‘skin to skin contact’ would not […]
Read more "Ut Res Magis Valeat Quam Pereat"Lord Diplock in Council of Civil Service Unions v. Minister for Civil Service, [1985] AC 374; Lord Greene in Associated Provincial Picture Houses Ltd. v. Wednesbury Corp., [1947] 2 All ER 680. An administrative action is subject to judicial review on grounds of illegality, irrationality and procedural impropriety. _____ When a person takes a chance […]
Read more "Risky Participation / The Revival of Ray LXXV"An interpreter, to deviate from defined meaning, should record reasons to show word/expression in a particular provision carries a different meaning; contrary context is not to be assumed or accepted easily, in absence of indication and reason to differ from defined meaning. Repugnancy is not indicated and does not arise in context of clause 22(ix)(a) […]
Read more "Repugnancy II"Welspun Specialty Solutions Limited was formerly known as Remi Metals Gujarat Limited. Arbitral Tribunal held, merely having a clause in contract making ‘time of essence’ would not be determinative. Learned Senior Counsel, appearing for Remi Metals (now Welspun), submitted, view taken by Arbitral Tribunal was reasonable, plausible and can be sustained. We need to ascertain […]
Read more "Time of Essence"Refaz Kotwar stabbed Mohd. Jamil Kotwar with a dagger. We see no reason to doubt testimony of witnesses examined. PW7 and PW8 are injured eye-witnesses. State of Madhya Pradesh v. Mansingh, (2003) 10 SCC 414 held, evidence of an injured eye-witness has great evidentiary value and unless compelling reasons exist, their statements are not to […]
Read more "Injured Eye-Witness"It manifests, legislative intent is to make The Real Estate (Regulation and Development) Act, 2016 applicable not only to projects which were yet to commence after RERA became operational but also to bring under its fold ongoing projects. The distinction between retrospective and retroactive has been explained in Jay Mahakali Rolling Mills v. Union of […]
Read more "Retrospective v. Retroactive II"High Court of Karnataka confirmed Death Sentence for Irappa Siddappa Murgannavar. Shanti Devi v. State of Rajasthan, (2012) 12 SCC 158 had considered, factum of recovery of body at instance of accused is a strong circumstance for conviction. Similar is Ranjit Kumar Haldar v. State of Sikkim, (2019) 7 SCC 684. On an overall view […]
Read more "Review of Death Penalty XX"Girdhari Lal Gupta v. D.H. Mehta, (1971) 3 SCC 189; State of Karnataka v. Pratap Chand, (1981) 2 SCC 335; Municipal Corporation of Delhi v. Ram Kishan Rohtagi, (1983) 1 SCC 1; Municipal Corporation of Delhi v. Purshotam Dass Jhunjunwala, (1983) 1 SCC 9; National Small Industries Corporation Limited v. Harmeet Singh Paintal, (2010) 3 […]
Read more "Vicarious Liability"Greenstone Lobo has dedicated 91 Predictions, (Westland, 2021) to a ‘genius scientist’ who will restore Pluto’s dignity, honor and its rightful place as a Planet. The wish is to exhibit, astrology is a science and a subject worthy of attention, exploration, serious study and application. An excerpt. Everything comes in cycles. Indian an Western systems […]
Read more "91 Predictions"Sarabjeet Singh Mokha is said to have procured fake Remdesivir injections which were administered to patients during COVID-19 pandemic to make illegal profits. Article 22 of the Constitution provides specific protections to undertrials and detainees in India. The communication of grounds is in aid of facilitating right of detenu to submit a representation against ‘order […]
Read more "Preventive Detention Statute II / The Revival of Ray LXXIV"“If you want to keep a secret, you must also hide it from yourself.” - George Orwell, 1984. Orwellian concern. September, 2018 – Citizen Lab released software capabilities of a ‘spyware suite’ called Pegasus, produced by NSO Group. Historically, privacy rights have been ‘property centric’ rather than ‘people centric’. In 1604, in Semayne’s case, 77 […]
Read more "The Nature of Judicial Power: Pegasus"There is a visible distinction between ‘preparation’ and ‘attempt’ to commit an offence and it all depends on statutory edict coupled with nature of evidence produced in a case; stage of ‘preparation’ consists of deliberation, devising or arranging means or measures, which would be necessary; an ‘attempt’ starts immediately after completion of ‘preparation’; ‘preparation’ or […]
Read more "Section 511, Indian Penal Code"Two-Judges in Kansa Behra v. State of Orissa, (1987) 3 SCC 480 observed, “few small blood-stains on clothes of a person may even be of his own blood.” Do remember one Raghav, who had earlier been convicted of murdering his First Wife and Son, based on circumstantial evidence. Dead bodies were/are still missing. Relevant Serologist […]
Read more "Blood of Human Origin III"As was subtly recognized, State of Haryana v. Subash Chander Marwaha, (1974) 3 SCC 220, unnoticed in P.K. Ramachandra Iyer, Durgacharan Misra, Umesh Chandra Shukla, Rajendra Bhimrao Mandve and K. Manjusree, carries instructions on the Tej Prakash Pathak issue. Subash Chander Marwaha is crucial to understand the time when the ‘process of ascertaining eligibility’, before […]
Read more "The Rules of The Game Principle III"Kalpraj Dharamshi v. Kotak Investment Advisors Ltd., (2021) SCC OnLine SC 204 considered applicability of Section 14 of The Limitation Act, 1963 to reckoning of limitation under Section 61(1) of The Insolvency and Bankruptcy Code, 2016. The law on limitation with respect to IBC is settled and emphatic in its denunciation of delays [Essar Steel […]
Read more "Condonation of Delay X: Special Statues"Gauri Lankesh was shot dead by unknown assailants, near her house at Rajarajeshwari Nagar [Bengaluru], on 05.09.2017. _____ This is limited to consideration of whether prior approval by Commissioner of Police [Bengaluru City], in connection with offence registered as Crime No. 221/2017, is valid or otherwise. We hold, same does not suffer from any infirmity. […]
Read more "Investigation II"H N Rishbud v. State of Delhi, (1955) 1 SCR 1150; Ramsinh Bavaji Jadeja v. State of Gujarat, (1994) 2 SCC 685; Union of India v. Prakash P. Hinduja, (2003) 6 SCC 195. What emerges is, an investigation commences upon receipt of information by Police which discloses commission of a cognizable offence. However, mere receipt […]
Read more "Investigation I"Mota Bhagwan Asaram was also convicted under Section 377, IPC. The Prisons (Bombay Furlough and Parole) Rules, 1959 were made pursuant to Section 59 of The Prisons Act, 1894 and are applicable in State of Gujarat. State of Maharashtra v. Suresh Pandurang Darvakar, (2006) 4 SCC 776 distinguished parole from furlough. The difference was also […]
Read more "Furlough I"
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