The word ‘laches’ is derived from French, meaning “remissness and slackness”. A defence of laches can only be allowed when there is no statutory bar. The question as to whether there exists a clear case of laches is one of fact and so also of prejudice. The said principle may not have any application when […]
Read more "The Doctrine of Fairness"Perry holds dual citizenship of Kenya as well as United Kingdom. Perry flagrantly violated solemn undertakings and challenged jurisdiction of Indian Courts, despite having submitted. It is fundamental, a party approaching Court must come with clean hands, more so in child custody matters [S.P. Chengalvaraya Naidu v. Jagannath, (1994) 1 SCC 1; Indian Bank v. […]
Read more "Fraud in Child Custody"High Court’s conduct in not furnishing reasons is strongly deprecated. Reliance on Balaji Baliram Mupade v. State of Maharashtra, AIR 2020 SC 5758; Oriental Insurance Co. Ltd. v. Zaixhu Xie, (2020) SCC OnLine SC 1145 and Sudipta Chakrobarty v. Ranaghat S.D. Hospital, AIR 2021 SC 3344 is warranted. + There is no doubt, Public Interest […]
Read more "Crusader’s Jurisprudence / The Revival of Ray LXXIII"Suresh Lohiya v. State of Maharashtra, (1996) 10 SCC 397 struck a ‘discordant note’, drawing a distinction between ‘nature’s gifts’ such as charcoal, mahua flowers or minerals and articles produced with aid of human labour which, according to it, was not included in ‘forest produce’ under The Kerala Forest Act, 1961. Suresh Lohiya did not […]
Read more "Nature’s Gifts"Sessions Court acquitted Methu Meda from charge of kidnapping for ransom. Methu Meda applied for post of Constable in Central Industrial Security Force and got selected through Staff Selection Commission. A mere disclosure of offences alleged and result of trial is not sufficient. In said situation, appointment cannot be compelled. The expression ‘honourable acquittal’ […]
Read more "Suitability of Candidate III / Honourable Acquittal II"There were two sets of consignments, one to Piraeus, Greece and another to Rotterdam, Netherlands. Learned Senior Counsel, Gopal Sankaranarayanan argued, SGS India Ltd. had no control or responsibility of shipment-subject once it left Indian port. Ravneet Singh Bagga v. KLM Royal Dutch Airlines, (2000) 1 SCC 66 held, burden of proving ‘deficiency in service’ […]
Read more "Groundnuts to Europe"It is clear, if contract prohibits pre-reference and pendente lite interest, Arbitrator cannot award interest for said period. Clause 17, barring interest, is very clear and categorical. See, Sayeed Ahmed, (2009) 12 SCC 26; Kamatchi Amman Constructions, (2010) 8 SCC 767; Bharat Heavy Electricals Limited, (2015) 5 SCC 718; Chittaranjan Maity, (2017) 9 SCC 611. […]
Read more "Section 31(7) of The Arbitration Act VII"Banarsi Dass v. Teeku Dutta, (2005) 4 SCC 449 had declared, DNA test is not to be directed as a matter of routine but only in deserving cases. Bhabani Prasad Jena v. Convenor Secretary, Orissa SCW, (2010) 8 SCC 633 opined, discretion of Court must be exercised after balancing interests of parties and whether a […]
Read more "Science For Everyone: DNA IV"Sushil, on 28.07.2011, went to Jodhpur, for business purposes, in one Bolero [Temporary Registration No. PB-11-T-5101 from 20.06.2011 to 19.07.2011]. Sushil stayed at Geeta Guest House and found next morning, his Bolero had been stolen. There is nothing on record to suggest, Sushil had applied for registration or was awaiting registration. Narinder Singh v. New […]
Read more "Contracts of Insurance III"Soutrik was successful in JEE 2020 (Mains) and was qualified and eligible to appear in JEE (Advanced), 2020. He scored Rank 4015. He secured admission in Chemical Engineering at IIT Kharagpur. Soutrik had also been offered B.S. (Mathematics) in IIT Bombay through a separate admission process based on his performance in Mathematics Olympiad. IIT alleges, […]
Read more "Matters of Education II"We are of the view, contemnor is clearly guilty of contempt. His actions to scandalize the Court cannot be countenanced. He continues with his contumacious behavior. The apologies submitted by him are only endeavors to get out of consequences, again followed by another set of allegations. Thus, a charade. The last apology can hardly be […]
Read more "Contempt Jurisdiction IX"True it is, offences which are ‘non-compoundable’ cannot be compounded by a Criminal Court in purported exercise of its powers under Section 320, CrPC. Any such attempt by Court would amount to alteration, addition and modification of Section 320, CrPC. There is no patent or latent ambiguity in language of Section 320 CrPC, which may […]
Read more "Compoundable II"In service jurisprudence, retrospective seniority cannot be claimed from a date when an employee is not even borne in service. It is also necessary to bear in mind, retrospective seniority, unless directed by Court or expressly provided by applicable Rules, should not be allowed. As in so doing, others who had earlier entered service will […]
Read more "Compassionate Appointment III"The present case is not one of resignation per se but of exercising an option available under Modified Voluntary Retirement Scheme. Clause 5.1 required, the post to be abolished simultaneously with request of voluntary retirement being accepted. This had to be done before disbursing retirement benefits. There was a specific stipulation, no person would be […]
Read more "Modified Voluntary Retirement Scheme"Two-Judge Bench of Mathew Varghese v. M. Amritha Kumar, (2014) 5 SCC 610 has heavily relied on Three-Judge Bench of Narandas Karsondas v. S.A. Kamtam, (1977) 3 SCC 247. Court held, there was no reason as to why general principle laid down in Narandas Karsondas, with reference to Section 60 of The Transfer of Property […]
Read more "The Revival of Ray LXXII"Union of India v. Shiv Shanker Kesari, (2007) 7 SCC 798 observed, bail may be cancelled if it has been granted without adhering to parameters under Section 37. Given seriousness of offences punishable and in order to curb menace of drug-trafficking, stringent parameters for grant of bail have been prescribed. Union of India v. Prateek […]
Read more "Section 37 of The NDPS Act II"The locus classicus is State of J&K v. Triloki Nath Khosa, (1974) 1 SCC 19. Justice Y.V. Chandrachud elaborated on extent of judicial review in matters of classification in public employment. On whether Educational Qualifications can be recognized as a criterion for classification, State of Mysore v. P Narasing Rao, AIR 1968 SC 349; Ganga […]
Read more "Educational Qualifications in Promotion II / The Revival of Ray LXXI"Krishan Pal Singh was appointed as Clerk-cum-Cashier in Allahabad Bank on 23.09.1985 and his service was confirmed on 24.03.1986. During 1989, he was posted in Aurangabad Branch, District Lakhimpur Kheri, Uttar Pradesh. On 08.02.1989, there was a fire accident. Balak Ram, prime accused, was Krishan’s friend. Alleging involvement in incident relating to burning of Allahabad […]
Read more "Compensatory Jurisprudence of Constitutional Courts XII"The employer terminated services on non-disclosure of pending criminal case. B. Chinnam Naidu, (2005) 2 SCC 746 observed, when a candidate suppresses material information and/or gives false information, he cannot claim any right for appointment or continuance in service. Daya Shankar Yadav, (2010) 14 SCC 103 observed, purpose of seeking information with respect to antecedents […]
Read more "Moral Turpitude III"The question has engaged attention since the enactment of IPC. The use of the term ‘likely’ in several places in respect of ‘culpable homicide’, highlights the element of uncertainty. Section 300, which defines ‘murder’, however refrains from use of the term ‘likely’. This reveals absence of ambiguity left. The accused is for sure, his act […]
Read more "Likely"
The Last Word 
You must be logged in to post a comment.