Referred to Larger Bench XXII: Mandatory Preliminary Inquiry

My Lord, Preliminary Inquiry u/Section 340 – Mandatory – Before Complaint u/Section 195? “In any event, given Three-Judge Bench in Sharad Pawar, (2010) 15 SCC 290 did not assign any reason as to why it was departing from a Coordinate Bench in Pritish, (2002) 1 SCC 253 and a Constitution Bench in Iqbal Singh Marwah, […]

A “Means and Includes” Definition IV

“It will be noticed that the definition is an exhaustive one as it uses the expression “means and includes”. It is settled law that such definitions are meant to be exhaustive in nature [2014 (10) SCALE 394].” “It will be noticed that the definition is a ‘means’ and ‘includes’ one. It is well settled that […]

Extraditable Fugitives I

A certain someone, associated with Dawood Ibrahim and Chhota Rajan in the past, was on the run since the ’90s. It has been pointed out earlier that, no fugitive or mastermind is going to flee to Chile, Netherlands, Switzerland or Belgium. This one fled to Burkina Faso and won hearts by doing social work; the […]

With Respect, Constitutionally Incorrect, Justice Chelameswar

“Textually, Article 233(2) only prohibits the appointment of a person who is already in the service of Union or State, but not the selection of such a person. The right of such a person to participate in the selection process undertaken by State for appointment to any post in public service (subject to other rational […]

Section 362 of The Code of Criminal Procedure, 1973

Section 362 begins with the words “save as otherwise provided by this Code or by any other law for the time being in force”. Legislature was aware that there are situations where altering or reviewing of a Criminal Court Judgment is contemplated in the Code itself or any other law for the time being in […]

Pension is Not a Bounty II

“The right to property [Article 31(1)] covers the right of a public servant to receive pension [Deokinandan Prasad, (1971) 2 SCC 330; D.S. Nakara, (1983) 1 SCC 305]. Even after the repeal of Article 31(1) [The Constitution (Forty-Fourth Amendment) Act, 1978 w.e.f. 20.06.1979] the right to receive pension has been held to be a right […]

Section 12(1)(b) of The Consumer Protection Act, 1986

“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 […]

Rebuttable Presumption II

“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 […]

May & Shall I

“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 […]

Monstrosity of Winnability 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 […]

Archaeological Site ≠ Hotel, Restaurant

“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 […]

The Contra Proferentem Rule VI

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 […]

Reservation in Appointment/Promotion

“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 […]

The Photo Album

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 […]

Determination of Fair Rent / The Revival of Ray XXXIX

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 […]

Anticipatory Bail II

“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 […]

The Boarding Gate

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 […]

MV Hennry

“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. […]

Kaun Banega Crorepati

“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 […]

Tihar to Tihar

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]. […]

The Last Word

A Diversion for Lawyers and Others