“Arbitration shall be under Indian Arbitration and Conciliation Law, 1996 and the Venue of Arbitration shall be Bhubaneswar.” “Where the contract specifies the jurisdiction of the Court at a particular place, only such Court will have the jurisdiction to deal with the matter and parties intended to exclude all other Courts. In the present case, […]
Read more "Venue of Arbitration"“It is the experience of the Judge that comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence.” – Hon’ble Justice Dipak Misra, Vikram Anantrai Doshi, (2014) 15 SCC 29. _____ I) Shankar, (2019) 5 SCC 166. II) Manjit Singh v. State of Punjab, [Criminal Appeal No. […]
Read more "Compromising the Non-Compoundable"“In Kunhayammed, (2000) 6 SCC 359 this Court held, “logic underlying Doctrine of Merger is, there cannot be more than one Decree or operative Orders governing same subject-matter at a given point of time. Doctrine of Merger is not of universal or unlimited application.” This position of law has been recently affirmed and reiterated by […]
Read more "The Doctrine of Merger II"“CBI registered an FIR on 12.04.1994 with regard to the opening of a fictitious bank account on 13.07.1992 in the name of one Raj Kumar. Soon thereafter by separate forged credit entries between the period 23.07.1992 to 31.10.1992, deposit of Rs. 3,22,056/- was made in the account. Subsequently on different dates a sum of Rs. […]
Read more "The Proof of Forgery II"Smuggling of huge volume of gold is common. Nisar Pallathukadavil Aliyar was the mastermind of the smuggling syndicate. Happy Dhakad abetted smuggling by receiving gold from Nisar Aliyar and disposing them off through outlets run by him and his relatives. _____ “On 28.03.2019 search and interception of a Honda Activa scooter and a Honda City car […]
Read more "Gold Smuggler, Nisar Aliyar"“Sitaram was functioning as Head Constable. A carbine was issued to him. It is alleged, on 18 February, 1998 at about 0945 hours, while he was cleaning the barrel of his loaded 9 MM carbine in the barracks, he did not remove the magazine and proceeded to clean the carbine carelessly. As a result, eight […]
Read more "Disciplinary Proceedings I"Dungaji had three wives: Kaveribai, Kashibai and Nanibai. Dungaji had declared that his marriage with Kaveribai had been dissolved by way of customary divorce. It was submitted, Dungaji failed to prove and establish the factum of customary divorce; if a customary divorce practice is claimed in a community, same needs to be clearly established. “In […]
Read more "Customary Divorce"Uncontrolled and indiscriminate entry of persons, Hindu or Muslim, from Pakistan into India or from India to Pakistan, is fraught with the possibility of espionage and sabotage. When employed for espionage, care is taken to see, he does not know who his real employers are but knows only the name of his contact man, whose […]
Read more "The Golden Lasso of Truth"“Order 21, Rule 11(3) makes it clear that the Court ‘may’ require the decree holder to produce a certified copy of the decree. This clearly indicates that it is not necessary to file a copy of the decree along with execution application unless the Court directs the decree holder to file a certified copy of […]
Read more "Order 21, Rule 11(3) of The Code of Civil Procedure, 1908"Sub-Section (3) of Section 36 uses the phrase “have due regard to”. In Pam Developments Pvt. Ltd. v. State of West Bengal, [Civil Appeal No. 5432 of 2019] the phrase has been interpreted to mean that CPC provisions, though to be taken into consideration, are not mandatory. Also see, Shri Sitaram Sugar Company Limited, (1990) […]
Read more "Section 36(3) of The Arbitration Act"13.09.2008, New Delhi [Connaught Place; Karol Bagh; Greater Kailash I; India Gate;] Bomb Explosions. Delhi Police claimed, occupants of Flat No. 108 of L-18, Batla House, all students of Delhi Universities/Institutes, and all hailing from Azamgarh [UP], were conspirators/executors of Delhi Bomb Blasts.19.09.2008, Batla House Encounter Inspector Mohan Chand Sharma – Injured, Dead; Head Constable […]
Read more "Operation Batla House"“Doctrine of Merger would come into play as exposited in Kunhayammed, (2013) 10 SCC 655 wherein a Three-Judge Bench of this Court opined that once a Special Leave Petition has been granted, the doors of the Appellate Jurisdiction of this Court have been let open and any Order passed thereafter would be an Appellate Order […]
Read more "The Doctrine of Merger I"“Nabha Power Ltd. v. Punjab State Power Corporation Ltd., (2018) 11 SCC 508 referred to various English and Australian Judgments. We do not wish to burden this Judgment with all the English and Australian Judgments reproduced. However, it will be relevant to refer to the following passage reproduced in Nabha Power Ltd.: “The question of […]
Read more "The Question of Implication"We may usefully advert to Paragraph Nos. 53-59, Har Shankar v. The Dy. Excise and Taxation Commissioner, (1975) 1 SCC 737. “The State, under its regulatory powers, has the right to prohibit absolutely every form of activity in relation to intoxicants — its manufacture, storage, export, import, sale and possession. In all their manifestations, these […]
Read more "The Revival of Ray XXIII"“This Court in Hamida v. Rashid, (2008) 1 SCC 474 held that an accused after addition of serious non-cognizable offence is required to surrender and apply for bail for newly added offences. Mithabhai Pashabhai Patel v. State of Gujarat, (2009) 6 SCC 332 uses the word ‘ordinarily’ in Paragraph 18 of the Judgment which cannot […]
Read more "Serious, Graver & Non-Cognizable Offences"The legal position as to when a Non-Signatory to an Arbitration Agreement can be impleaded and subjected to Arbitration Proceedings is no more res integra. Three-Judge Bench in Chloro Controls India Private Limited, (2013) 1 SCC 641 opined, invoking ‘Doctrine of Group of Companies’, Arbitration Agreement entered by a Company, being one within a Group […]
Read more "Non-Signatories to Arbitration I"Anirban Bhattacharya, The Deadly Dozen – India’s Most Notorious Serial Killers, (Penguin, 2019) has been praised by John Abraham, Ayushmann Khurana, Kiran Rao and correctly so, possesses several Bollywood references. The following is an excerpt from a lesser-known territory. “The Poona of 1976 did not boast of any major, horrific crimes. Life seemed perfect in […]
Read more "The 1976 Poona"“Judicial Review, as is well known, lies against the decision-making process and not the merits of the decision itself. If the decision-making process is flawed inter alia by violation of the basic principles of natural justice, is ultra-vires the powers of the decision maker, takes into consideration irrelevant materials or excludes relevant materials, admits materials […]
Read more "The Nature of Judicial Power: Constitutional Ethos I"“Fantasy games are nothing but means to lure people to spend their money for quick earning by taking a chance, whereby most end up losing their money in the process, which is gambling/betting/wagering? The main issue raised is substantially decided by Hon’ble Punjab and Haryana High Court [18.04.2017]. After detailed consideration of the facts as […]
Read more "Gambling in Cricket III : Dream 11"Hasan Minhaj had an insight to share on Hon’ble Justice R.M. Lodha: “Court ordered changes still haven’t been made”. Indian Courts have executed limited interference with (issues of) Cricket. Supreme Court [BCCI, (2018) 9 SCC 624], once pointed out: “Famous Cricketers produced by MCA, amongst others, include Abey Kuruvilla, Ajinkya Rahane, Ajit Wadekar, Ashok Mankad, […]
Read more "Gambling in Cricket II : Name of the Game"
The Last Word 
You must be logged in to post a comment.