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 […]
Read more "The Doctrine of Public Trust"“Where Courts find that the words appear to have been accidentally omitted, or if adopting a construction deprives certain existing words of all meaning, it is permissible to supply additional words but Courts should not easily read words which have not been expressly enacted. Court should construct the provisions harmoniously having regard to the context […]
Read more "Word Supply II"Section 5 of The Limitation Act is held applicable to Section 48 of The Himachal Pradesh Value Added Tax Act, 2005 as in Section 48 there is no express exclusion. Because of scheme of Act of 2005, it cannot be inferred, Section 5 of The Limitation Act is excluded. Section 29(2) of The Limitation Act […]
Read more "The Plea of Limitation XI: Inclusion of Section 5 of The Limitation Act, 1963"Khaki Files chronicles the adventures of Police Officer, Neeraj Kumar. He joined the IPS in 1976 and retired as Commissioner of Police, Delhi in 2013. Government of India recognized his good work by awarding him the Police Medal for Meritorious Service in 1993 and the President’s Police Medal for Meritorious Service in 1999. Khaki Files comes after Dial […]
Read more "The Da Lakhvi Code"“The rule of interpretation of Contra Proferentem has been pressed into service. As observed in United India Insurance Co. Ltd. v. Pushpalaya Printers, 2004 (3) SCC 694 : “It is also settled position in law that if there is any ambiguity or a term is capable of two possible interpretations, one beneficial to the insured […]
Read more "The Contra Proferentem Rule V"“Judge who had rendered any decision in a smaller combination is not disqualified from being part of a Larger Bench when a Reference is made to the Larger Bench. Rather, it is a consistent practice prevailing in various High Courts as well as of this Court to include the same Judge/Judges in Larger Benches. Litigants […]
Read more "The Art of Recusal"“The principal issue involved in the matter is whether a Charitable Trust could maintain an action under the provisions of The Consumer Protection Act, 1986. The reliance was placed on Pratibha Pratisthan, (2017) 3 SCC 712 to hold that a Trust would not be a ‘person’ and consequently not a ‘consumer’. The definition of ‘person’ in terms […]
Read more "Referred to Larger Bench XIX: Trusts Not Consumers"It should be interesting to note, crushed capsules of poppy, ‘poppy husk’, even though isn’t ‘poppy straw’, bears the same meaning as ‘poppy straw’ under The NDPS Act. Baljinder Singh was driving a Qualis, PB-13-D-7000. Khushi Khan was sitting with the driver. The vehicle was searched, during which 7 bags of poppy husk, each weighing […]
Read more "238 Kilograms of Poppy Husk"“The same set of judicial precedents were cited and debated before us by both sides. The first in sequence is, Judgment of Constitution Bench in Mohammad Shujat Ali v. Union of India, (1975) 3 SCC 76. While referring to observations of Justice Brewer, “the very idea of classification is that of inequality”, it was recognized, […]
Read more "The Revival of Ray XXXI"Sudhir Krishnaswamy taught me at National Law School of India University, Bangalore in 2006. This book, first published in 2009, grew out of his Doctor of Philosophy in Law Dissertation at Oxford University. Extensively researched. Magnificently written. Excerpt, follows. _____ The Basic Structure Doctrine evolved in the context of challenges to the constitutionality of land […]
Read more "The Doctrine of Basic Structure I"
You must be logged in to post a comment.