Sports and Astrology

Greenstone Lobo, Howzzat?, (Readomania, 2019) is an interesting read. It is not enough to state, Mr. Lobo, over time, has predicted several times correctly. He has been writing a regular column on sports astrology, ‘Octozone’, in a popular Indian daily, DNA, since 2008. He has also been a columnist for Anandabazar Patrika, Times of India, Mumbai Mirror, Telegraph, Life Positive […]

Statutory Limitation of Arbitration

“We must first consider whether it is the 1940 Act or the 1996 Act which applies to the Arbitration Applications. It is settled law, the date of commencement of Arbitration Proceedings for the purpose of deciding which Act applies, upon a conjoint reading of Sections 21 and Section 85(2)(a) of the 1996 Act, shall be […]

The Discomfort of ADM Jabalpur II

In Shrimati Indira Nehru Gandhi v. Shri Raj Narain, [1976 2 SCR 347] Ray CJ. and Chandrachud J. had laid stress on rule of law in our constitutional scheme. The term ‘rule of law’ is not a magic lamp which can be scratched to invoke a power which brings to any person in need whatever […]

Hard Cases Make Bad Law

Hon’ble Justice L. Nageswara Rao in State of Tamil Nadu v. G. Hemalathaa, Civil Appeal No. 6669 of 2019 quoted Chief Justice John Roberts in Caperton v. A.T. Massey, 556 U.S. 868 (2009). “Extreme cases often test the bounds of established legal principles. There is a cost to yielding to the desire to correct the […]

Prospective Resignation

“The circumstances under which an employee can withdraw the resignation tendered by him and what are the limitations to the exercise of such right, have been dealt by this Court in a number of decisions. It is well settled, normally, until the resignation becomes effective, it is open to an employee to withdraw his resignation. […]

Section 375, Indian Penal Code

A ‘consent’ based on misconception of facts is not a ‘consent’ in the eyes of the law. In the context of a promise to marry, there is a distinction between a false promise given on the understanding by the maker that it will be broken and breach of a promise which is made in good […]

The Revival of Ray XXV

P.S. Malik, Additional District Judge [Dwarka, New Delhi], against whom disciplinary proceedings alleging sexual harassment is underway, filed a Writ Petition under Article 32. Supreme Court was quick to note, expression of opinion by Court on issues relevant and material in a disciplinary inquiry may cause prejudice. An important question was considered, nonetheless. The word […]

Non-Communicated File Notings I

It is admitted, after a personal hearing took place on 30.07.2011, no decision was passed on objections submitted by land-owners, either allowing or disallowing their objections; nor was any communication sent to them. It is abundantly clear, in absence of an order being passed as contemplated by Section 20D of The Railways Act, 1989 no […]

Non-Signatories to Arbitration II

Arbitration Agreements need not be a formal contract. Section 7(4)(b) states, an Arbitration Agreement can be derived from exchange of letters, telex, telegram or other means of communication, including through electronic means. What is required to be ascertained is, intention of parties to refer their disputes or differences to Arbitration. A common-sense approach must be […]

Blood of Human Origin I

Not all crimes are perfectly investigated. SC was recently evaluating the possibility of releasing Former Panachayat Chairman Balwan Singh, accused of murder [Balwan Singh v. State of Chattisgarh, Criminal Appeal No. 727 of 2015]. Learned Senior Counsel, Shri Sanjay Hegde successfully argued for Balwan. Delay in recording statements of eye-witnesses need not necessarily raise suspicion. […]

The Sword of Adverse Possession

My Lord, A plaintiff claiming title by adverse possession can maintain a suit under Article 65 of The Limitation Act, 1963 for declaration of title? Yes. Historically, adverse possession is a pretty old concept of law. It is a useful but an often-criticized concept. It is a hostile possession, clearly asserting hostile title in denial […]

Per Incuriam II

“When a Court ignores the binding precedent of a Larger Bench, the Judgment so delivered is held to be per incuriam and has no precedential value. The principle of per incuriam has been developed by English Courts in relaxation of the rule of stare decisis. In practice per incuriam is per ignoratium. See, Paragraph 40, […]

The Revival of Ray XXIV

“Justice Krishna Iyer delivered a concurring opinion in Sushil Kumar Sen v. State of Bihar, (1975) 1 SCC 774, expressing a thought process which would be of significant relevance to the issue in hand. “The humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary […]

Review of Death Penalty XIV

While evaluating mitigating circumstances, brutality of the crime should never be lost sight of. Perhaps, that is the lesson taught by Hon’ble Justice R.F. Nariman. _____ “The entire chain of events has been made out and despite this being a case of circumstantial evidence, the prosecution has clearly proved its case beyond reasonable doubt. The […]

Writ Jurisdiction of High Courts I

“While the powers the High Court may exercise under its Writ Jurisdiction are not subject to strict legal principles, two clear principles emerge with respect to when a High Court’s Writ Jurisdiction may be engaged. First, the decision of the High Court to entertain or not entertain a particular action under its Writ Jurisdiction is […]

Section 143A, The NI Act

“With effect from 01.09.2018, Section 143A was inserted in The Negotiable Instruments Act, 1881 by Amendment Act No. 20/2018. We are concerned only with applicability of said Section 143A to offences under Section 138, committed before insertion of said Section 143A. Section 143A not only creates a new disability or an obligation but also exposes […]

The Case of Mr. Prithvi Shaw

Board of Control for Cricket in India [BCCI] has adopted Anti-Doping Rules [BCCI ADR] that implement mandatory requirements of World Anti-Doping Agency [WADA] Code in Indian Cricket. BCCI ADR, 2019 applies to present case. Mr. Shaw consumed a cough syrup for a couple of days before he played Syed Mushtaq Ali Trophy, Mumbai v. Sikkim, […]

Section 8 of The Arbitration Act VII

In view of the allegations of fraud levelled that the compromise decree is vitiated by fraud, the parties cannot be referred to Arbitration. Such a plea could be decided only by Civil Court. Observing, where there are allegations of fraud which are so complicated that it becomes absolutely essential that such complex issues can be […]

Section 306, Indian Penal Code II

“When the accusation in the present case has its genesis in certain acts and utterances attributed to the accused, the meaning and expanse of the expression ‘abetment’, particularly on its operation in relation to the offence of ‘abetment of suicide’, is required to be dilated upon. Abetment involves a mental process of instigating a person […]

Child Witness I

“Section 118 of The Evidence Act, 1872 deals with competence of a person to testify before Court. Section 4 of The Oaths Act, 1969 requires all witnesses to take oath or affirmation, with an exception for child witnesses under the age of 12 years. If Court is satisfied, the child witness below the age of […]

The Last Word

A Diversion for Lawyers and Others