The Proviso II / The Revival of Ray XVI

“In Dwarka Prasad v. Dwarka Das Saraf, (1976) 1 SCC 128 this Court held: “A proviso must be limited to the subject-matter of the enacting clause. It is a settled rule of construction, a proviso must prima facie be read and considered in relation to the principal matter to which it is a proviso. It […]

The Law on Compensation for Breach of Contract IV

“One neat question arises before this Court, which is, whether, when parties are governed by contract, a claim in quantum meruit under Section 70 of The Indian Contract Act, 1872 would be permissible. Section 70 occurs in Chapter V of The Contract Act. An early Judgment reported as Moselle Solomon v. Martin & Co., ILR […]

Fredda Brilliant Marshall

Fredda Brilliant was brilliant, indeed. Thus, her art adorns Supreme Court of India. Freda or Fredda? “One afternoon the sculptress, Freda Brilliant, and her husband, Herbert Marshall, dropped in to see me. She came in with open arms, pouring out a stream of endearments. ‘Darling, darling Khushy! How are you?’ They had been to an […]

Review of Death Penalty IX

Jagdish murdered his wife and children; one wife and five children, to be precise [20.08.2005]. Trial Court – Death Sentence [24.04.2006]; High Court – Death Sentence [27.06.2006]; Supreme Court – Death Sentence [18.09.2009]; President – Death Sentence [16.07.2014]. It was argued that Jagdish has been incarcerated for almost 14 Years and Death Sentence would mean […]

Section 7(5) of The Arbitration Act IV

“The principle of ‘incorporation by reference’ of an Arbitration Clause, from another document or contract, is a well-established principle in Arbitration Jurisprudence [Clements v. Devon Country Insurance Committee, [1918] 1 KB 94; Macleod Ross and Co. Ltd. v. Compagnie d’ Assurances Generales L’Helvetia of St Gall, [1952] 1 Lloyd’s Rep 12 (CA)]. This principle has […]

The Indo-European Extradition Treaty II

Following Hon’ble Justice Madan B. Lokur, Ministry of External Affairs corrected that India has an Extradition Treaty with Chile since 1897. Interestingly, India has an Extradition Treaty with Netherlands since 1898, with Switzerland since 1880, with Belgium since 1901. Thus, it is predictable that no fugitive or mastermind is going to flee to Chile, Netherlands, […]

Section 34 of The Arbitration Act I

“As far as Section 34 is concerned, the position is well-settled by now that the Court does not sit in appeal over the Arbitral Award and may interfere on merits on the limited ground provided under Section 34(2)(b)(ii). Arbitral Awards may not be interfered with if the view taken by the Arbitrator is a possible […]

Review of Death Penalty VIII

Accused was a 22-Year-Old B.SC. student at the time of incident, and used to impart tuitions in the town of Lahar and in the village where he used to live. He had no prior criminal history. Trial Court awarded Death Sentence. Learned Senior Counsel Sanjay R. Hegde drew attention to the fact he was just […]

Section 482 of The Code of Criminal Procedure, 1973 IV

“In Indian Oil Corpn, (2006) 6 SCC 736, a Two Judge Bench reviewed precedents on exercise of jurisdiction under Section 482. A criminal proceeding can be quashed where allegations made do not disclose commission of an offence under The Penal Code. Though law does not require a complaint to reproduce legal ingredients of a offence […]

Order 8, Rule 1 of The Code of Civil Procedure, 1908 I

A suit was filed on 10.03.2017. Defendant was served with summons on 14.07.2017. 120 days from this date takes us to 11.11.2017. No written statement had been filed. However, an Order 7, Rule 11 application was filed. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into force on […]

Contempt Jurisdiction II / The Revival of Ray XV

“It is high time we re-arranged our law so that the ancient but misleading term ‘Contempt of Court’ disappeared from the law’s vocabulary [Lord Scarman, Attorney-General v. British Broadcasting Corporation, [1980] 3 All ER 161]. It is important to remember that while considering the question of disobedience of an Order, what must be regarded is […]

I, Eye-Witness

Md. Aziz Ali, Md. Kutub Ali, Md. Mamud Ali and Samir Ali, fast asleep in their home in the early hours of the morning, oblivious to their imminent fate, were mercilessly murdered in a barbaric manner by armed accused, without any instigation or provocation. The incident took place at about 06.00 A.M. on 09.11.1995. Though […]

Referred to Larger Bench XVI: Decades of Decay

S. Azeez Basha v. Union of India, (1968) 1 SCR 833 observed, the words “establish and administer” in Article 30(1) must be read conjunctively and so read it gives the right to a religious minority to administer an educational institution provided it has been established by it; Article 30(1) cannot be read to mean, even […]

Section 405/406, Indian Penal Code II

“Turning to Section 405 read with Section 406, IPC we observe that the dispute arises out of a loan transaction between the parties. The law clearly recognizes a difference between simple payment/investment of money and entrustment of money or property. A mere breach of a promise, agreement or contract does not, ipso facto, constitute the […]

Tiny Habits of Police Investigation

The Detective Diaries is a continuation of his first book, Murder in the City. Discerning readers will spot changes in investigative techniques. I wish you a thrilling literary journey ahead. – Rajeev Kumar, Commissioner of Police, Kolkata [20/12/2018]. _____ At various stages of writing, I have received invaluable help from colleagues, past and present, for […]

Referred to Larger Bench XV: Gracious Compassion

Original Scheme – Appointment on Compassionate Grounds Substituted Scheme – Ex Gratia Payment ________ State Bank of India, (2010) 11 SCC 661 + MGB Gramin Bank, (2014) 13 SCC 583 Governing Scheme: Original Scheme or Substituted Scheme? Answer/Principle: ‘Inconsistent’, ‘Irreconcilable’. Canara Bank, (2015) 7 SCC 412 ________ “Bench of Appropriate Strength.” Hon’ble Justice U.U. Lalit […]

Referred to Larger Bench XIV Answered: 2 Gunny Bags of Charas

My Lord, Informant-Investigating Officer? “The principle of fair trial now informs and energizes many areas of the law. Societal interest mandates, Mohan Lal cannot be allowed to become a spring board for being catapulted to acquittal, irrespective of all other considerations. If the facts in Mohan Lal were telling with regard to the prosecution, the […]

Complex Economic Hawala / Section 204 of The Code of Criminal Procedure, 1973

“We fully endorse Justice B.K. Rathi’s view in Raj Kumar Agarwal, 1999 Cr.LJ 4101. The standard to be adopted for summoning the accused under Section 204, Cr.P.C. is not the same at the time of framing the charge; it must be seen only whether there is sufficient ground for proceeding against the accused; fact that […]

Might and Ought

Hon’ble Justice S Rangarajan in Delhi Cloth & General Mills Co. Ltd., ILR (1975) II Delhi 174 noticed: “The words employed – might and ought – are cumulative; they are not in the alternative.” The words ‘might’ and ‘ought’ are used in a conjunctive sense. Lord Morris in Kameswar Pershad, 1892 SCC Online PC 16 […]

Judicial – Bench Strength – Decorum I / The Revival of Ray XIV

Power of Judicial Review, High Court [Article 226], Supreme Court [Article 32]: Integral and Essential Feature; Basic Structure of Constitution [L. Chandra Kumar, (1997) 3 SCC 261]. Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Bench of Coordinate Strength/Larger Strength or a Higher Forum. ✔ Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Smaller Bench of Lesser Strength. ✘ […]

The Last Word

A Diversion for Lawyers and Others