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 […]

Venue of Arbitration

“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, […]

Compromising the Non-Compoundable

“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. […]

The Doctrine of Merger II

“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 […]

The Proof of Forgery 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. […]

Gold Smuggler, Nisar Aliyar

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 […]

Disciplinary Proceedings I

“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 […]

Customary Divorce

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 […]

The Golden Lasso of Truth

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 […]

Order 21, Rule 11(3) of The Code of Civil Procedure, 1908

“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 […]

The Last Word

A Diversion for Lawyers and Others