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 Devil in Holy Water

The Networked Public – How Social Media is Changing Democracy is a good read, amongst other things, for all the thoughts it superbly footnotes. Amber Sinha has bravely questioned the moral authority of certain Former Chief Justices of India. Hon’ble Justice Dipak Misra quashed proceedings regarding a ‘bribery scandal’ that implicated him. Hon’ble Justice Ranjan […]

Being Salman Khan

It was claimed that ‘LoveRatri’ [Night of Love] hurts sentiments of Hindus and distorts the meaning of ‘NavRatri’ [Nine Nights], a sacred festival. After doing the needful, Salman Khan, on 18.09.2019, thus tweeted:Hon’ble Supreme Court of India, on 27.09.2018, having regard to the assertion that ‘LoveYatri’ [Journey of Love] has obtained certification from Central Board […]

Cloned Copy of Electronic Record

“It is a well established position, when statutes are unambiguous, Courts must adopt plain and natural meaning irrespective of consequences [Nelson Motis v. Union of India, (1992) 4 SCC 711]. On a bare reading of Section 207 of The Criminal Procedure Code, 1973 no other interpretation is possible. We hold, ‘contents of the memory card/pen […]

Luck or Fate, Pradeep Sharma

The Class of 83 chronicles adventures of a Police Officer, Pradeep Sharma. S. Hussain Zaidi is an expert as regards investigative (crime) reporting. The present effort is excellent for it identifies innumerable characters, until now only enveloped in questionable memories. Excerpt follows. _____ In late 1980s, there was only one destination of choice for ambitious, […]

Section 36 of The Arbitration Act

“To read Section 36, prior to 2015 Amendment Act, as inferring something negative, namely, that where the time for making an application under Section 34 has not expired and therefore, on such application being made within time, an automatic-stay ensues, is to read something into Section 36 which is not there at all. This also […]

Section 24(8) of The Code of Criminal Procedure, 1973

“The use of the term ‘assist’ in the proviso to Section 24(8) of The Code of Criminal Procedure, 1973 is crucial, and implies that the Victim’s Counsel is only intended to have a secondary role qua the Public Prosecutor. In our considered opinion, a mandate that allows the Victim’s Counsel to make oral arguments and […]

The Nature of Judicial Power: Hon’ble Justice Sanjiv Khanna

“Justice S.R. Tendolkar, AIR 1958 SC 538 had postulated two conditions which must be satisfied for a classification to withstand a challenge under Article 14, namely: i) the classification should be founded on intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (ii) the differentia […]

Order 9, Rule 13 of The Code of Civil Procedure, 1908

“When an ex-parte decree is passed, there are two remedies – either (a) file an application under Order 9, Rule 13; or (b) file an appeal under Section 96(2). The question to be considered is whether the two options are to be exercised simultaneously or can also be exercised consecutively. If the appeal under Section […]

Named Arbitrators

It is true, unless agreed, The Amended Act shall not apply to Arbitral Proceedings commenced, before The Amendment Act, in accordance with The Principal Act. “In Union of India v. M.P. Gupta (2004) 10 SCC 504; Union of India v. V.S. Engineering (P) Ltd., (2006) 13 SCC 240; Union of India v. Singh Builders Syndicate […]

Prohibition of Child Marriage

Section 2(a) of The Prohibition of Child Marriage Act, 2006 defines ‘child’ as a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age. A ‘child marriage’ means a marriage to which either of the contracting parties is a child. Hardev Singh […]

Gold Smuggler, Ashok Kumar Jalan

Directorate of Revenue Intelligence, Kolkata Zonal Unit intercepted Anand on 09.06.2019 near Dankuni Toll Plaza, West Bengal, while he was travelling on a bus from Siliguri to Kolkata, carrying 8 kilograms of gold of foreign origin valued at Rs. 2.71 Crores. Anand stated he had been engaged by Ashok Kumar Jalan and Amit Jalan, who […]

Order 8, Rule 6A of The Code of Civil Procedure, 1908

There is no gainsaying, procedural justice is imbibed to provide further impetus to substantive justice. We must be mindful of legislative intention to provide for certainty and clarity. In name of substantive justice, providing unlimited and unrestricted rights in itself will be detrimental to certainty and would lead to state of lawlessness. In this regard, […]

Sapan Dhawan’s Stolen Maruti Zen

On the night of 01.08.1998, Sapan Dhawan handed over his Maruti Zen and its keys to Taj Mahal Hotel. The Maruti Zen was stolen. United India Insurance [Vehicle-Insurer/Subsequent Subrogee] and Sapan Dhawan [Vehicle-Owner/Subsequent Subrogor] sought compensation for ‘deficiency in service’. The manner in which the Maruti Zen was stolen revealed Taj Mahal Hotel was responsible […]

Section 11(6) of The Arbitration Act III

Dicitex was facing financial distress and economical duress. Oriental Insurance had insisted Dicitex to sign a clean discharge voucher and to withdraw the letter of protest addressed by it, failing which, Oriental Insurance would not release the amount reflected in the discharge voucher. HC allowed an application under Section 11(6), preferred by Dicitex, and appointed […]

The Last Word

A Diversion for Lawyers and Others