“As per Explanation to Section 12 of The Consumer Protection Act, 1986 a ‘recognized consumer association’ means any voluntary consumer association registered under The Companies Act, 1956 or any other law for the time being in force. It is clear, only a voluntary consumer association registered under The Companies Act, 1956 or any other law […]
Read more "Section 12(1)(b) of The Consumer Protection Act, 1986"“We are of view, whenever accused has questioned financial capacity of complainant in support of his probable defence, despite presumption under Section 139 about presumption of a legally enforceable debt and such presumption is rebuttable, thereafter onus shifts again on complainant to prove his financial capacity and complainant is required to lead evidence to prove […]
Read more "Rebuttable Presumption II"“It is not quite accurate to say that the word ‘may’, by itself, acquires the meaning of ‘must’ or ‘shall’ sometimes.” – Dharti Dhan, (1977) 2 SCC 166. “It is not to be taken that once the word ‘may’ is used, it per se would be directory. In other words, it is not merely the […]
Read more "May & Shall I"“When criminality enters into the grass-root level as well as at the higher levels there is a feeling that ‘monstrosity’ is likely to wither away the multitude and eventually usher in a dreadful fear that would rule supreme creating an incurable chasm in the spine of the whole citizenry” [Hon’ble Justice Dipak Misra, 05.02.2015]. In […]
Read more "Monstrosity of Winnability I"“With the object of ensuring preservation in the erstwhile State of Mysore, The Mysore Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 was enacted. The State Government was accorded the power to declare certain ancient monuments as ‘protected monuments’ and certain archaeological sites and remains as ‘protected areas’. 10 villages, including Virupapura […]
Read more "Archaeological Site ≠ Hotel, Restaurant"An unfortunate incident occurred at Pemberton Soaring Centre at Pemberton in British Columbia. The following were considered: The Aircraft Act, 1934; The Aircraft Rules, 1937; The Aeronautics Act, 1985 [Canada]; The Canadian Aviation Regulations [SOR/96433], Concise Oxford Advanced Learner’s Dictionary [9th Edition, 2015] and Cambridge Advanced Learner’s Dictionary [4th Edition, 2013]. The conclusion: ‘Smart-Personal Accident-Individual […]
Read more "The Contra Proferentem Rule VI"“It is settled law, State Government cannot be directed to provide reservations for appointment in public posts [C.A. Rajendran, (1968) 1 SCR 721]. Similarly, State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they wish to exercise their discretion and make such provision, State has […]
Read more "Reservation in Appointment/Promotion"I have written on Supratim Sarkar’s previous 3 books here, here and here. His latest effort – The 7 Stories, (Ananda, 2020) – has not been translated into English yet. It would be unfair if I don’t even attempt the same. There were interesting bits on i) an Irish woman who had arrived to assist […]
Read more "The Photo Album"Appellants placed strong reliance on Minority Judgment [Paragraphs 25-30] in M/s. Raval, (1974) 1 SCC 424 delivered by Hon’ble Justice P.N. Bhagwati. Respondents contended, reliance on Minority Judgment is misplaced. “The moot question to be answered is whether during currency of contractual tenancy i.e. during the currency of agreed rent between the landlord and the […]
Read more "Determination of Fair Rent / The Revival of Ray XXXIX"“Gurbaksh Singh Sibbia, (1980) 2 SCC 565 holds the field for number of years and the same has been followed by all Courts in the country. Therefore, Siddharam Satlingappa Mhetre, (2011) 1 SCC 694 is not correct law in light of the observations made in Paragraphs 42 and 43 in Gurbaksh Singh Sibbia. Salauddin Abdulsamad […]
Read more "Anticipatory Bail II"Conditions of Carriage are binding on all [Interglobe Aviation Limited v. N. Satchidanand, (2011) 7 SCC 463]. It is the primary obligation of the passenger to reach the boarding gate at least 25 minutes before the scheduled departure time. The issue arose for those with PNR: IHRNSE, expected to travel from Kolkata to Agartala on […]
Read more "The Boarding Gate"“The Indian Coast Guard received some intelligence inputs with regard to suspicious activities of MV Hennry. MV Hennry was flying a flag of Panama. The Master of the Ship, Suprit Tiwari, was not in possession of any licence, permit and could not even produce any document pertaining to departure from last port of call i.e. […]
Read more "MV Hennry"“Star India (P) Ltd. used to broadcast ‘Kaun Banega Crorepati’ between 22.1.2007 and 19.4.2007. The programme was sponsored by Bharti Airtel Limited, amongst others. During the telecast of this programme, a contest called ‘Har Seat Hot Seat’ was conducted, in which the viewers of KBC were invited to participate. An objective type question with four […]
Read more "Kaun Banega Crorepati"Aftab was lodged in Tihar when he met Asif Reza Khan. Asif introduced Aftab to Omar Sheikh who had a profound effect. December, 1999: Government of India was forced to release Omar Sheikh in exchange for a safe return of IC 814. Aftab Ansari, soon after, was issued a Pakistan Passport [J872142, Safir Mohammad Rana]. […]
Read more "Tihar to Tihar"Supreme Court of India understands, Mahatma Gandhi > Bharat Ratna. Once upon a time, specifically on 23.01.1992, a press communique was issued from Rashtrapati Bhawan, New Delhi. “President is pleased to confer Award of Bharat Ratna posthumously on Shri Subhash Chandra Bose.” It was contended before SC, when a personality is higher and greater than […]
Read more "123 Netaji 123"“In Fletcher v. Bealey (1884) 28 Ch. D. 688 a quia timet action was asked for to interdict the tort of nuisance in order to prevent noxious liquid from flowing into a river. Pearson, J after referring to earlier Judgments on quia timet action then held: “I do not think, therefore, that I shall be […]
Read more "Quia Timet I"“In a Judgment reported as HMT Ltd. v. Mudappa, (2007) 9 SCC 768 quoting from earlier Judgment of this Court reported as State of A.P. v. Goverdhanlal Pitti, (2003) 4 SCC 739 it was held that ‘legal malice’ or ‘malice in law’ means ‘something done without lawful excuse’. It is an act done wrongfully and […]
Read more "Legal Malice I"My Lord, Judges in Md. Serajuddin, (1975) 2 SCC 47? Five. Hon’ble Judges H.R. Khanna, K.K. Mathew, M. Hameedullah Beg, Y.V. Chandrachud. Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. “A Constitution Bench of this Court in Md. Serajuddin, (1975) 2 SCC 47 has held that expression ‘in the course’ implies not only a period […]
Read more "The Revival of Ray XXXVIII"The Commercial Courts Act, 2015 through Section 16 has amended The Code of Civil Procedure, 1908 in its application to commercial disputes. Whereas commercial disputes [as defined under Section 2(c) of The Commercial Courts Act, 2015] are governed by CPC as amended by Section 16 of the said Act, all other non-commercial disputes fall within […]
Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 II"It is not our forte to answer whether it is better to be free than secure or be secure rather than free. However, we are here only to ensure, citizens are provided all the rights and liberty to the highest extent in a given situation while ensuring security at the same time. There is no […]
Read more "The Revival of Ray XXXVII"
The Last Word 
You must be logged in to post a comment.