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 […]
Read more "Review of Death Penalty XIV"“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 […]
Read more "Writ Jurisdiction of High Courts I"“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 […]
Read more "Section 143A, The NI Act"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, […]
Read more "The Case of Mr. Prithvi Shaw"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 […]
Read more "Section 8 of The Arbitration Act VII"“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 […]
Read more "Section 306, Indian Penal Code II"“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 […]
Read more "Child Witness I"“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"
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