“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"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 […]
Read more "Prohibition of Child Marriage"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 […]
Read more "Gold Smuggler, Ashok Kumar Jalan"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, […]
Read more "Order 8, Rule 6A of The Code of Civil Procedure, 1908"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 […]
Read more "Sapan Dhawan’s Stolen Maruti Zen"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 […]
Read more "Section 11(6) of The Arbitration Act III"“Court has to look at ‘dominant purpose’ for which purchase is made in order to decide whether it was for a ‘commercial purpose’. We are of considered opinion, purchase of flats for purpose of providing hostel facilities to hospital nurses does not qualify as meant for a ‘commercial purpose’. Though ‘commercial purpose’ as referred to […]
Read more "Section 2(1)(d) of The Consumer Protection Act, 1986 II"“The expression ‘rule of law’ can be traced back to the great Greek philosopher Aristotle, who lived 2,400 years ago. “It is better for the law to rule than one of the citizens… so that even the guardians of the law are obeying the laws.” – Brian Z. Tamanaha, Rule of Law. Bona fide criticism […]
Read more "Rule of Law"Review Petition (Civil) No. 3358 of 2018 in Writ Petition (Civil) No. 373 of 2006 Essential Religious Practices of a Religious Denomination or Section of a Religious Denomination – Constitutional Protection under Article 26? “In the Indian context, given the plurality of religions, languages, cultures and traditions, what is perceived as faith and essential practices […]
Read more "Referred to Larger Bench XX: The Sabarimala Temple III"“Regardless of how it is articulated, some like formula of compromise must be applied.”Chief Justice Frederick Moore Vinson My Lord, How Transparent is Transparent Enough? “This case concerns the balance which is required between two important fundamental rights i.e. right to information and right to privacy. Often these two rights are seen as conflicting, however, […]
Read more "Transparency of Transparency / The Revival of Ray XXXIII"Writ Jurisdiction of Supreme Court may be resorted to when available remedies are exhausted [U.P. State Spinning Co. Ltd., (2005) 8 SCC 264]. This is essentially a ‘rule of policy, convenience and discretion’; it’s not a ‘compulsion’ [Mohammad Nooh, AIR 1958 SC 86; Harbanslal Sahnia, (2003) 2 SCC 107]. Supreme Court in Shrimath Balasaheb Patil […]
Read more "Writ Jurisdiction of Supreme Court / The Revival of Ray XXXII"There is an illustrious list of dissenting opinions that are still written on by academicians. They could be noted down for future perusal. However, all in all it’s just another brick in the wall. Learned Senior Counsel, Sidharth Luthra in Manoharan v. State, Inspector of Police, Coimbatore, [Review Petition (Criminal) Nos. 446-447 of 2019] submitted, Death Penalty […]
Read more "Review of Death Penalty XIV: Double View"“Possessory claim of Hindus to composite whole of disputed property stands on a better footing” is the decisive observation. Importantly, Supreme Court has in strongest terms castigated damage caused to the mosque in 1934, its desecration in 1949 leading to the ouster of Muslims, and the eventual demolition of the mosque on December 6, 1992. This, […]
Read more "The Nature of Judicial Power: Senior Advocate, Rakesh Dwivedi"Section 45 of The Evidence Act, 1872 allows for an opinion of an expert as a relevant fact when Court has to form an opinion upon a point of foreign law, science or art or as to identity of handwriting or finger impressions. In Murari Lal v. State of Madhya Pradesh, (1980) 1 SCC 704 […]
Read more "Experts V: Handwriting Experts"“Janmaasthan of Lord Ram is where Babri Mosque has been constructed.” Mikhail Tal, born on 09.11.1936, said once, “you must take your opponent into a deep dark forest where 2+2=5 and path leading out is only wide enough for one.” M Siddiq v. Mahant Suresh Das, [Civil Appeal Nos. 10866-10867 of 2010], pronounced on 09.11.2019, […]
Read more "The Nature of Judicial Power: Proprietary Claims of Religion"Tata HDCL proposed ‘Project: Camelot’ in Revenue Estate of Village Kansal, Tehsil Kharar, District Mohali, State of Punjab. “The Doctrine of Public Trust has been considered by this Court in M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388. In Vellore Citizens’ Welfare Forum v. Union of India, (1996) 5 SCC 647 the Court considered […]
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