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"This is a case of cheques, issued pursuant to a deed of compromise, being dishonoured. The dishonour of cheques, issued subsequent to a settlement agreement, would give rise to a fresh cause of action attracting liability under Section 138 and other remedies under civil law and criminal law. A contrary interpretation would lead to contradictory […]
Read more "Settlement Deed Cheque"It emerges from decisions, Appellate Court may direct a retrial only in ‘exceptional’ circumstances to avert a miscarriage of justice; mere lapses in investigation are not sufficient to warrant a direction for retrial; only if lapses are so grave so as to prejudice, can a retrial be directed; determination of whether a ‘shoddy’ investigation/trial has […]
Read more "Retrial"Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 was analyzed by a Three-Judge Bench in Yashwant Sinha v. CBI, (2020) 2 SCC 338. Two-Judge Bench in State of Telangana v. Managipet, (2019) 19 SCC 87 noted, while Lalita Kumari held a preliminary enquiry was desirable in cases of alleged corruption, that does not […]
Read more "Lalita Kumari III"In light of S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 in addition to asserting Directors are in-charge and responsible for conduct of business, if statutory compliance of Section 141 has been made, it is not open for High Courts to interfere under Section 482, CrPC unless it comes across some unimpeachable, incontrovertible evidence […]
Read more "Section 141, The NI Act II"Estragon: Let’s go. Vladimir: We can’t. Estragon: Why not? Vladimir: We’re waiting for Godot. Samuel Beckett, Waiting for Godot, 1954. Let us now hark back to Waiting for Godot… with which, we started. National Green Tribunal must act, if exigencies so demand, without indefinitely waiting for metaphorical Godot to knock on its portal. NGT is […]
Read more "Environmental Jurisprudence I"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"
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