Before 3-Judges in Mankastu Impex Private Limited v. AirVisual Limited, [Arbitration Petition No. 32 of 2018] it was submitted, i) declaration by 3-Judges in BGS Soma [Later Bench], to the effect 3-Judges in Hardy Exploration [Earlier Bench] did not declare ‘good law’, may not tantamount to an overriding of Hardy Exploration and ii) 3-Judges in BGS Soma […]
Read more "Seat of Arbitration I"“S. Ambika Devi entered into a tripartite agreement with M/s. Nandan Biomatrix Ltd. and its franchisee M/s. Herbz India. She purchased 750 kilograms of wet musli at the rate of Rs. 400/- per kilogram. M/s. Nandan Biomatrix Ltd was to buy back the produce at a minimum price of Rs. 1,000/- per kilogram. It […]
Read more "Harassment of Agriculturists"“A plain reading of The Hindu Adoptions and Maintenance Act 1956 would make it clear, compliance of the conditions in Chapter I is mandatory for an adoption to be treated as valid. The consent of the wife and proof of the actual ceremony of adoption are two important conditions. M. Vanaja has failed to prove, […]
Read more "A Valid Adoption"“Reliance has been placed on Sri Nasiruddin v. State Transport Appellate Tribunal, (1975) 2 SCC 671. The word ‘or’ was given grammatical meaning. It was held, the word ‘or’ cannot be read as ‘and’. They should be considered in an ordinary sense. If two different interpretations are possible, Court will adopt that which is just, […]
Read more "Article No. 800: The Revival of Ray XL / Disjunctive, Conjunctive II"“The maxim is quite well-known. The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. “Where there are general words in a later legislation capable of reasonable […]
Read more "Generalia Specialibus Non Derogant"“By specifically enacting a provision under Sub-Section (3) of Section 13, with a specific clarification that violation of the principles of natural justice shall not be called in question where the procedure prescribed under Sub-Sections (1) and (2) of Section 13 of The Consumer Protection Act, 1986 has been followed or complied with, the intention […]
Read more "The Plea of Limitation XII: Written Statements, District Consumer Forums II"My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with Section […]
Read more "My Precious Bitcoin"“In Brojo Nath Ganguly, (1986) 3 SCC 156 this Court considered the concept of unconscionable bargain. “The word ‘unconscionable’ is defined in Shorter Oxford English Dictionary, [Third Edition, Volume II, Page 2288] when used with reference to actions, etc. as “showing no regard for conscience; irreconcilable with what is right or reasonable”. An unconscionable bargain […]
Read more "Unconscionable Bargain"Five Judges in Dr. Shah Faesal v. Union of India, [Writ Petition (Civil) No. 1099 of 2019] have decided the following. “The rule of per incuriam means a Judgment passed in ignorance of a relevant statute or any other binding authority [See, Young v. Bristol Aeroplane Co. Ltd., 1944 KB 718 (CA)]. The view that […]
Read more "Per Incuriam III"Lawyers have no right to go on strike or even token strike. They cannot abstain from appearing in Courts in pursuance of a call for strike or boycott. These strikes interfere with administration of justice and put interests of clients in jeopardy. There is a duty owed [Ex-Capt. Harish Uppal, (2003) 2 SCC 45]. This […]
Read more "Independent Bar & Independent Bench II"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, […]
Read more "Referred to Larger Bench XXII: Mandatory Preliminary Inquiry"“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 […]
Read more "A “Means and Includes” Definition IV"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 […]
Read more "Extraditable Fugitives I"“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 […]
Read more "With Respect, Constitutionally Incorrect, Justice Chelameswar"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 […]
Read more "Section 362 of The Code of Criminal Procedure, 1973"“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 […]
Read more "Pension is Not a Bounty II"“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"
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