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"Amitav Ghosh, Gun Island, (Penguin, 2019) is a remarkable read. It travels through time, space and thoughts. If you do not let yourself completely in, the best bits shall go unnoticed. Like there are dreams within dreams, at Gun Island, there are stories within stories. Written simply, detailed subtly, this one is a must read. […]
Read more "Gun Island"Considering, Statement of Objects and Reasons of Amendment, Amended Section 148 of The N.I. Act is applicable w.r.t. Appeals against Orders of Conviction and Sentence for the Offence under Section 138, even where Criminal Complaints for the Offence are filed prior to Amendment Act No. 20/2018 [01.09.2018]. “If such a purposive interpretation is not adopted, […]
Read more "Section 148, The NI Act"Indians have been taught the lesson, and rightly so, consensual intercourse, even if not procreative, is inherent for the enjoyment of life and liberty of every individual and is protected under constitutional morality. Mr. XYZ has come up with a film script. Cut short, the script is about an 18-year old Indian, who gets disinherited […]
Read more "#THE377DEBATE III : My Lord, Africa"“The expression ‘Quasi-Judicial Order’ means a verdict in writing which determines and decides contesting issues and question by a Forum other than a Court. The determination has civil consequences. Explaining the meaning of ‘Quasi-Judicial Body’ in Indian National Congress (I) v. Institute of Social Welfare, (2002) 5 SCC 685 it was held, when any body […]
Read more "Quasi-Judicial I"Hon’ble Justice Arun Misra, while explaining Section 108 of The Companies Act [Ram Parshottam Mittal v. Hotel Queen Road Pvt. Ltd., Civil Appeal No. 3934 of 2017], quoted Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray [Mannalal Khetan v. Kedar Nath Khetan, (1977) 2 SCC 424]; My Lord, Mannalal Khetan v. Kedar Nath Khetan, […]
Read more "The Revival of Ray XXII"Appellant Nos. 1-44 – Builder-Buyer Agreement – Respondent/Builder. Respondent/Builder, Failed! Appellant Nos. 1-44, NCDRC, Consumer Complaint. “National Commission concluded, the case could not be accepted as a class action and dismissed same. The dismissal of the case as class action is questioned. In T.N. Ganapathy, (1990) 1 SCC 608 it was held, persons who may […]
Read more "Class Action, Consumer Disputes I"Games played just for fun can also be played for money. Lawyers and Non-Lawyers paid ample respect and just respect to a Game developed on Indian Premier League [IPL]. An esteemed Eashan Ghosh calculated accuracy of probabilistic predictions. Mr. Ghosh, phenomenal in his Intellectual Property Law expertise, is a fair man. ‘Ramiz Baba Challenge’ Rules ‘Ramiz […]
Read more "Gambling in Cricket I"“Court’s task is to ascertain the intention of the parties by examining the words they used and giving them their ordinary meaning in their contractual context. It must start with what it is given by the parties themselves when it is conducting this exercise. Effect is to be given to every word, so far as […]
Read more "Well-Known Principles of Interpretation"“One of the foremost components of theft is that the subject matter of the theft needs to be a “moveable property”; “moveable property” is defined in Section 22, IPC which includes a corporeal property of every description. It is beyond doubt that a document is a “moveable property” within the meaning of Section 22, IPC […]
Read more "Document Thefts"
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