Most jurists draw distinction between ‘direct application’ of treaties in domestic law, and national legal systems that mandate and require ‘act of transformation’ for an international treaty to apply and be a part of domestic law; ‘direct application’ means and mandates that the treaty norms, either wholly or to some extent, are directly treated as […]
Read more "Act of Transformation"“In A. Subash Babu v. State of A.P., (2011) 7 SCC 616 this Court held, “The expression ‘aggrieved person’ denotes an elastic and an elusive concept… Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case…” […]
Read more "Aggrieved Person I / The Revival of Ray LI"“It is clear, ‘serious allegations of fraud’ arise only if either of the two tests laid down are satisfied, and not otherwise. The first test is satisfied only when it can be said, the Arbitration Clause or agreement itself cannot be said to exist in a clear case in which Court finds, the party against […]
Read more "Arbitrability of Fraud"“The matter relates to the unnatural death of Actor, Sushant Singh Rajput on 14.6.2020. He was in a live-in relationship with Rhea. But, on 8.6.2020, Rhea shifted to her own residence… The legal process must be focused upon revelation of the correct facts through credible and legally acceptable investigation. It must be determined whether the […]
Read more "The Importance of Being Earnest III"Justice Krishna Iyer, in his inimitable style, has observed, a wise economy of use of the contempt power by the Court is the first rule. The Court should act with seriousness and severity, where justice is jeopardized by a gross and/or unfounded attack on the Judges, where the attack is calculated to obstruct or destroy […]
Read more "Contempt Jurisdiction V / The Revival of Ray L"Konkan Railway Corporation v. Rani Construction (P) Ltd., (2002) 2 SCC 388 held, Section 16 empowers the Arbitral Tribunal to rule on its own jurisdiction; the Arbitral Tribunal’s authority under Section 16 is not confined to the width of its jurisdiction, but goes to the very root of its jurisdiction. Konkan Railway was decided on […]
Read more "Section 4 of The Arbitration Act II"“The basic concept of coparcenary is based upon common ownership by coparceners. When it remains undivided, share of coparcener is not certain. Nobody can claim with precision, extent of his right in undivided property. Coparcener cannot claim any precise share as interest in coparcenary is fluctuating. It increases and diminishes by death and birth in […]
Read more "The Coparcenary Concept"When it comes to the penalty of blacklisting, the classic formulation of principles in regard to blacklisting have been laid down in Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70. “Equality of opportunity should apply to matters of public contracts. An ordinary individual can choose not to deal with […]
Read more "The Revival of Ray XLIX"“The parties clearly indicated, it was only a Court at Delhi which shall have exclusive jurisdiction with regard to any dispute and no other Court would have jurisdiction over the same. In that view of the matter, the presentation of the plaint at Gurgaon was certainly not before a Court having jurisdiction in the matter. […]
Read more "Order 7, Rule 10-A of The Code of Civil Procedure, 1908"A. “West German Consul said, he had received information that, similar charges had been made against Hans Muller in Lebanon and in Egypt.” – Hans Muller of Nurenburg v. Superintendent, Presidency Jail, Calcutta, AIR 1955 SC 367. B. “On 15-9-1963, he left Delhi for Beirut under the name Donze Jean Claude, a French national. It […]
Read more "No Reservations, Lebanon"The importance of statistical data, in interpreting careers, is often highlighted. It hides as much as it reveals. It’s not without reason Wilfred Rhodes had a Test career which lasted more than 30 years! We aren’t discussing sports, though. Hon’ble Justice P.N. Bhagwati still holds the record for the longest tenure [4905 days; DoA, 17.07.1973 […]
Read more "The Nature of Judicial Power: Short Tenure of Supreme Court Judges"In Hindi-movies, there are quite a few library-scenes and scenes of a character reading. One may consider, When Eight Bells Toll (Alistair MacLean) in Aradhana (1969, dir. Shakti Samanta); You’ll Never Eat Lunch In This Town Again (Julia Phillips) in Khel (1992, dir. Rakesh Roshan); The Celestine Prophecy (James Redfield) in Dil To Pagal Hai […]
Read more "The Whiff of Money"“S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 had occasion to consider the requirements of Section 141. “What is required is that the persons who are sought to be made criminally liable under Section 141 should be at the time the offence was committed, in charge of and responsible to the company for […]
Read more "Section 141, The NI Act I"“Doctrine of Contemporanea Expositio is applied as a guide to the interpretation of a statute or even document by referring to the exposition that the same had received from competent authority at the relevant point of time. An exposition standing for a long length of time is considered to be a law settled and is […]
Read more "The Doctrine of Contemporanea Expositio II"E.P. Royappa, (1974) 4 SCC 3 is clear, the burden of establishing mala fides is very heavily on the person who alleges it. Courts should not uphold a plea of mala fides on the basis of mere probabilities. _____ It is said, a Judge must not alter the material of which the Act is woven, […]
Read more "The Tenth Schedule"“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and the statutory duty which replaced it was also absolute.” – Diplock L.J., Griffiths v. […]
Read more "Lord Wright / The Fall of Clock Tower"“Anvar, (2014) 10 SCC 472 made it clear that, special provisions of Sections 65A and 65B of The Indian Evidence Act, 1872 are a complete code in themselves when it comes to admissibility of evidence of information contained in electronic records and also a written certificate under Section 65B(4) is a sine qua non for […]
Read more "Section 65A, 65B of The Indian Evidence Act"If you have incomplete information on how a particular law has progressed, it is very likely your skill before Court would produce, every now and then, a significant margin of error. Eashan Ghosh’s efforts with ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’, (Thomson Reuters, 2020) is highly commendable. It is not for […]
Read more "Article No. 840: An Honest Concurrent Use"“The remedy under Order 7, Rule 11 is an independent and special remedy. In Azhar Hussain v. Rajiv Gandhi, 1986 Supp. SCC 315 this Court held, the whole purpose of conferment of powers under this provision is to ensure, a litigation which is meaningless, and bound to prove abortive, should not be permitted to waste […]
Read more "The Drastic Power of Rejecting a Plaint III"Shiva, who emerged from limitless pillar of fuel-less fire, is visualized sitting under the Pole Star, on a snow-capped mountain, in the shade of a banyan tree. Shiva’s holy city, Kashi, is located at a bend in the river Ganga where it turns and moves northwards instead of southwards. This reverse flow of the river […]
Read more "Rudra – Shiva"
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