“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 […]
Read more "Section 499, Indian Penal Code V"“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. […]
Read more "The Revival of Ray XXXV"“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 […]
Read more "An Intoxicated Murder"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 […]
Read more "Referred to Larger Bench XIII Criticized: Venue v. Seat, Arbitration"“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. […]
Read more "Euclid’s Theorem III"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 […]
Read more "Referred to Larger Bench XXI (Answered): Residence-Based Reservation / The Revival of Ray XXXIV"“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 […]
Read more "Section 16 of The Arbitration Act"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 […]
Read more "Section 34 of The Arbitration Act II"“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 […]
Read more "Section 14 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. […]
Read more "Section 11(6A) of The Arbitration Act"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 […]
Read more "The De Facto Doctrine"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 […]
Read more "The Devil in Holy Water"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 […]
Read more "Being Salman Khan"“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 […]
Read more "Cloned Copy of Electronic Record"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, […]
Read more "Luck or Fate, Pradeep Sharma"“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 […]
Read more "Section 36 of The Arbitration Act"“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 […]
Read more "Section 24(8) of The Code of Criminal Procedure, 1973"“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 […]
Read more "The Nature of Judicial Power: Hon’ble Justice Sanjiv Khanna"“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 […]
Read more "Order 9, Rule 13 of The Code of Civil Procedure, 1908"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 […]
Read more "Named Arbitrators"
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