Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015

Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Sidharth Luthra submitted, ‘petty […]

Nine Judge Benches / The Revival of Ray XXXVI

Nine Judge Bench decisions of Supreme Court possess a pattern. The last one was Justice K.S. Puttaswamy, (2017) 10 SCC 1. It had happened only once before in Indra Sawhney [1992 Supp (3) SCC 217] that, a CJI, despite being on a Nine Judge Bench, did not author a Judgment. It is of further interest, […]

The Nature of Judicial Power: An Ungodly Jumble

Hon’ble Chief Justice of India is as important as Hon’ble Prime Minister. 2010-2020 has witnessed 11 CJIs and 2 PMs. One wonders why 65 is the retirement age for a Supreme Court Judge. He cannot be presumed to be dysfunctional post-65, if at 69 one can be an effective PM. 2000-2010 had witnessed 9 CJIs; […]

The Game Changers

Vir Sanghvi, The Game Changers: Transforming India, (Westland, 2019) describes how Indians are taking over globally in areas that had traditionally been off-limits to us. It is not easy for everyone to express using few words. It is even more difficult to balance between praise and criticism. Arnab Goswami and Karan Johar are Game Changers. […]

Irretrievable Breakdown of Marriage II

“The loneliness and lack of co-habitation is stated to have caused physical and mental torture. Multiple efforts have been made even by this Court, but to no avail. The psychologist opined, the separation of 16 years since 2003 had made both the parties bitter and cynical about the relationship and there was no sign of […]

Condonation of Delay VII: 916

“From a consideration of the view taken by this Court, through the decisions cited, the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. The consideration would not depend on the status of the party so as to apply a different yardstick. The […]

The Myth of Peaceful Protest

538 is the number of former students of National Law School of India University, Bangalore [NLSIU] who ‘demanded’ repeal of The Citizenship (Amendment) Act, 2019 [CAA]. They extended unconditional support to all those who choose to exercise their fundamental right to speech and assembly to ‘express dissent peacefully’. 402 is the number of former students […]

Section 34 of The Arbitration Act III

We need to be cognizant of the fact, Arbitral Awards should not be interfered with in a casual and cavalier manner, unless Court comes to a conclusion, the perversity goes to the root of the matter, unpardonable under Section 34, without there being a possibility of an alternative interpretation which may sustain the Arbitral Award. […]

Medical Negligence and Consumer Law II

“Medical negligence comprises of the following constituents: (i) legal duty to exercise due care on the part of the medical professional; (ii) failure to inform the patient of the risks involved; (iii) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (iv) if the risk had been disclosed, the […]

Section 499, Indian Penal Code V

“What is the meaning to be attached to the words ‘making of an imputation’ and ‘publishing of an imputation’? This question has been set out with clarity in Mohd. Abdulla Khan v. Prakash K., (2018) 1 SCC 615. “The difference between ‘making’ of an imputation and ‘publishing’ the same is: If ‘X’ tells ‘Y’ that […]

The Revival of Ray XXXV

“Erusian Equipment and Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 and Raghunath Thakur v. State of Bihar, (1989) 1 SCC 229 as well as Southern Painters v. Fertilizers & Chemicals Travancore Ltd., 1994 Supp (2) SCC 699; Grosons Pharmaceuticals (P) Ltd. v. State of U.P., (2001) 8 SCC 604 and B.S.N. […]

An Intoxicated Murder

“Nothing is on record to show that Suraj was ‘highly’ inebriated. It can safely be said Suraj was very much in the senses and was conscious of the fact that if kerosene is poured and match stick is lit and put on the body, a person might die due to burns. Kalu Ram v. State […]

Referred to Larger Bench XIII Criticized: Venue v. Seat, Arbitration

On a lighter note, the following observations of Hon’ble Justice R.F. Nariman in BGS SGS Soma JV v. NHPC Ltd., [Civil Appeal No. 9307 of 2019] is interesting for the reason, it points out Hon’ble Chief Justice of India Dipak Misra failed to apply Hon’ble Justice Dipak Misra. The percentage of seriousness can be increased […]

Euclid’s Theorem III

“This Court has held that Judgments of Courts are not to be construed as statutes, neither are they to be read as Euclid’s theorems. All observations made must be read in the context in which they appear. This Court in Amrit Lal Manchanda, (2004) 3 SCC 75 held as follows: “Judges interpret words of statutes. […]

Referred to Larger Bench XXI (Answered): Residence-Based Reservation / The Revival of Ray XXXIV

Whether providing for domicile/residence-based reservation in admission to ‘PG Medical Courses’ within State Quota is constitutionally invalid and is impermissible? If domicile/residence-based reservation in admission to ‘PG Medical Courses’ is impermissible, how State Quota seats, other than permissible institutional preference seats, are to be filled up? In Dr. Tanvi Behl v. Shrey Goel, [Civil Appeal […]

Section 16 of The Arbitration Act

“Section 11 was substantially amended by The Amendment Act of 2015. By virtue of the non obstante clause incorporated in Section 11(6A), Patel Engineering, (2005) 8 SCC 618 and Boghara Polyfab, (2009) 1 SCC 26 were legislatively overruled. The scope of examination is now confined only to the existence of the Arbitration Agreement at the […]

Section 34 of The Arbitration Act II

My Lord, Amendments made in Section 34 are applicable to Applications under Section 34 after 23.10.2015? Yes. “Radical changes have been made by The Arbitration and Conciliation (Amendment) Act, 2015 with effect from 23.10.2015. See, Board of Control for Cricket in India v. Kochi Cricket (P.) Ltd., (2018) 6 SCC 287. We declare that Section […]

Section 14 of The Arbitration Act

“It is clear from the bare reading of Sub-Section 1(a) of Section 14 that mandate of an Arbitrator shall terminate if it fails to act without undue delay. In the instant case, the Arbitrator became de jure unable to perform his functions. The parties agreed to bind themselves by the time fixed for the Arbitration […]

Section 11(6A) of The Arbitration Act

“Section 11(6A) was added by The Amendment Act of 2015. Section 3 of The Amendment Act of 2019 insofar as it pertains to omission of this Sub-Section has not yet been brought into force. Omission of the Sub-Section is not so as to resuscitate law that was prevailing prior to The Amendment Act of 2015. […]

The De Facto Doctrine

Justice Mookerjee held the following in Pulin Behari Das v. King Emperor, 16 CWN 1105. The acts of officers de facto performed by them within the scope of their assumed official authority, in the interest of the public or third persons and not for their own benefit, are generally as valid and binding as if […]

The Last Word

A Diversion for Lawyers and Others