Compoundable II

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 […]

Compassionate Appointment III

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 […]

Modified Voluntary Retirement Scheme

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 […]

The Revival of Ray LXXII

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 […]

Section 37 of The NDPS Act II

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 […]

Educational Qualifications in Promotion II / The Revival of Ray LXXI

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 […]

Compensatory Jurisprudence of Constitutional Courts XII

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 […]

Moral Turpitude III

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 […]

Likely

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 […]

Section 106 of The Indian Evidence Act

Section 106 constitutes an exception to Section 101 of The Indian Evidence Act, 1872. Shambu Nath Mehra v. State of Ajmer, (1956) 1 SCR 199 has stood the test of time. Thus, Section 106 will apply to those cases where prosecution has succeeded in establishing facts from which a reasonable inference can be drawn regarding […]

Condonation of Delay IX: 44

Appellate Tribunal has no jurisdiction at all to condone delays exceeding 15 days from the period of 30 days, as contemplated under Section 61(2) of The Insolvency and Bankruptcy Code, 2016. It cannot be said, Learned Appellate Tribunal committed any error in not condoning a delay of 44 days. Unless Parliament has carved out […]

Section 9 of The Arbitration Act I

Section 9 as originally enacted, has been renumbered as Section 9(1). 2015 Amendment Act has also incorporated Sub-Section (2) and Sub-Section (3). Section 9(1), as amended, enables a party to an Arbitration Agreement to apply to a Court for interim measures of protection before or during Arbitral Proceedings, or at any time after an Arbitral […]

Heard & Finally Decided

The meaning of the phrase “heard and finally decided” was considered in Krishan Lal v. State of J&K, (1994) 4 SCC 422 where it was held, matter must have been heard on merits to have been “heard and finally decided”. Erach Boman Khavar v. Tukaram Shridhar Bhat, (2013) 15 SCC 655 has held, res judicata […]

Section 34(2A) of The Arbitration Act II

Ssangyong Engineering, (2019) 15 SCC 131 has in clear terms delineated the limited area for judicial interference, taking into account amendments brought about by 2015 Amendment Act. As has been held in Ssangyong Engineering, mere contravention of substantive law as elucidated in Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49 is no longer […]

Fraudulent Employment – Faustian Bargain

We endorse Justice Dr. D.Y. Chandrachud’s opinion in Chairman and Managing Director, Food Corporation of India v. Jagdish Balram Bahira, (2017) 8 SCC 670 where Court has noted responsibility of Courts to guard against fraudulent employment. The workmen here, having hoodwinked a Government Undertaking in a fraudulent manner, must be prevented from enjoying fruits of […]

Judgment

‘Judgment’ means a judicial opinion which tells the story of the case; what the case is about; how Court is resolving the case and why. A ‘Judgment’ should be coherent, systematic and logically organized. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. Many times […]

Backdrop of Dominant Purpose I

Philips India Limited v. Labour Court, Madras, (1985) 3 SCC 103; Balasinor Nagrik Cooperative Bank Limited v. Babubhai Shankerlal Pandya, (1987) 1 SCC 606; Mohan Kumar Singhania v. Union of India, 1992 Supp (1) SCC 594; Sultana Begum v. Prem Chand Jain, (1997) 1 SCC 373; Jagdish Singh v. Lt. Governor, Delhi, (1997) 4 SCC […]

Unauthorized Constructions / The Revival of Ray LXX

Chief Justice A.N. Ray, speaking for a Two-Judge Bench of this Court, in K. Ramadas Shenoy v. Chief Officer, Town Municipal Council, (1974) 2 SCC 506 observed, Municipality functions for public benefit and when it “acts in excess of the powers conferred by the Act or abuses those powers then in those cases it is […]

The Doctrine of Basic Structure II

I do not think there is any serious contestation. Constitution of Kenya, 2010 has a Basic Structure. Constitution of Kenya (Amendment) Bill, 2020 violates certain components of our Constitution’s Basic Structure. [Mr. Justice D.K. Musinga, President of Court of Appeal] Constitutions, like human beings, are never perfect. Judges were agreed, Indian Constitution has a Basic […]

Relation to State

Constitution Bench of this Court in Marri Chandra Shekhar Rao, (1990) 3 SCC 130 had an occasion to examine, whether Scheduled Castes in relation to a particular State would be entitled to benefits or concessions allowed to Scheduled Castes in matters of education/employment in another State. Court observed, if such a contention is to be […]

The Last Word

A Diversion for Lawyers and Others