“A claim of title to the goods which have been seized is a relevant consideration while passing an order under Section 452. Where there are conflicting claims of entitlement to the property, the Magistrate may deal with them or, where it is found that the rival claims need to be resolved after an evidentiary trial, […]
Read more "Section 452 of The Code of Criminal Procedure, 1973"“Offences under Sections 307, 294 read with Section 34, IPC are non-compoundable. Accused fired twice by a country-made pistol. High Court has committed a grave error in quashing the criminal proceedings solely on the ground, Complainant and Accused have settled the dispute. In Gulab Das, (2011) 12 SCALE 625 this Court has specifically observed that […]
Read more "Compound the Non-Compoundable"“The present case is governed by The Pre-Amended 1996 Act [See, Section 15(2)]. This Court in ACC Ltd. v. Global Cements Ltd., (2012) 7 SCC 71 held that the procedure agreed upon by the parties for the appointment of the Original Arbitrator is equally applicable to the appointment of a Substitute Arbitrator, even if the […]
Read more "Section 15(2) of The Arbitration Act III"“Section 26 of The Arbitration and Conciliation (Amendment) Act, 2015 has to be construed literally first, and then purposively and pragmatically. Section 26 is indeed in two parts, separate and distinct. Whereas the first part refers only to Arbitral Proceedings before an Arbitral Tribunal, the second part refers to Court Proceedings “in relation to” Arbitral […]
Read more "Section 26 of The Arbitration Act"Comprehension means the unpremeditated, attentive facing up to, and resisting of, reality. The Supreme Court of India (‘SC’) has 26 Hon’ble Judges. It is difficult to comprehend the Highest Court of the Land and its Judges. The Supreme Court of the United States has 9 Judges who enjoy an appointment for a lifetime. In contrast, […]
Read more "The Nature of Judicial Power: Chief Justice of India No. 51"“Every breach of contract gives rise to an action for damages. Innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. The aforesaid proposition remains to hold the field. This rule is more qualified when it comes to the real estate […]
Read more "The Law on Compensation for Breach of Contract III"My Lord, Who Killed Mahatma? Mahatma Gandhi: Dead. Accused: Dead. Unseen Hand? Issue: Gross. Truth: Well Known. Hearsay. New Fires of Controversy: No. – Hon’ble Justice S.A. Bobde – Hon’ble Justice L. Nageswara Rao, Dr. Pankaj Kumudchandra Phadnis v. Union of India Ministry of Law and Justice, [SLP (Civil) 8293 of 2018].
Read more "Murder of Mahatma"My Lord, Practice Permissible for Foreign Law Firms / Lawyers in India? The ‘practice’ of law includes litigation as well as non-litigation. A casual visit isn’t practice. It isn’t possible to hold, there are no bars on Foreign Lawyers conducting Arbitration in India. It is true, subject to regulations, Foreign Lawyers can practice Foreign Law […]
Read more "Foreign Lawyers in India"My Lord, Transfer Investigation by West Bengal Police to NIA/CBI/Independent Investigation Agency? Power of Transferring Investigation: When, Rare and Exceptional Case; When, Investigation by State Police: No Credibility; When, Confidence in Public Mind: Necessary. Not a Fit Case. – Hon’ble Justice Ashok Bhushan, Bimal Gurung v. Union of India, [Writ Petition (Criminal) No. 182 of […]
Read more "Investigation Transfer"My Lord, Constitution of Benches and the Allocation of Cases by the Chief Justice must be Regulated by a Procedure? In the Allocation of Cases and the Constitution of Benches the Chief Justice has an Exclusive Prerogative. From an Institutional Perspective the Chief Justice is placed at the Helm of the Supreme Court. The Chief […]
Read more "Constituting Benches, Allocating Cases"“In Gopal Sah, (2008) 17 SCC 128 Court held, an extra-judicial confession is, on the face of it, weak evidence and should not be relied upon to record a conviction, in the absence of a chain of circumstances. In Pancho, (2011) 10 SCC 165 as well, Court refused to convict the accused on the basis […]
Read more "Extra Judicial Confessions I"“The clause only bars interest upon earnest money or security deposits or amounts payable to the contractor under the contract. The above-mentioned amounts are amounts which in a sense belong to the contractor. They are amounts voluntarily deposited with the other contracting party in order to be refunded or forfeited depending on performance of the […]
Read more "Section 31(7) of The Arbitration Act IV"Issues of Tribunals: Unresolved. 07.05.2018 “The functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice. L. Chandra Kumar, (1997) 3 SCC 261 noted, various Tribunals have not evolved up to the expectations which is self-evident and widely acknowledged. Drastic measures were required to elevate the standards. R. […]
Read more "Rojer Mathew, SLP (Civil) 15804/2017"The execution of a Will is proved not only when the statutory requirements for proving that Will are satisfied but the Will is also found to be ordinarily free from suspicious circumstances [Pragnaben, (2008) 15 SCC 365]. Whether a Will is surrounded by suspicious circumstances or not is essentially a question of fact. “3 Courts […]
Read more "The Proof of Valid Wills I"India’s first In-Vitro Fertilization (IVF) baby, and World’s second, Kanupriya, was born in Kolkata on October 3, 1978. The scientific technology behind IVF is known as Assisted Reproductive Technology (ART). Despite India being a hub of surrogacy, there is no legal framework. There are four types of surrogacy: traditional, gestational, commercial and altruistic. Commercial surrogacy […]
Read more "Surrogacy"Books on Constitutional Law are on Judges, Lawyers, occasionally on Politicians. Judges are central actors. The central actor in Rohit De, A People’s Constitution, (Princeton University Press, 2018) is the citizen litigant; private interests assumes public significance. We rarely meet those who have, at least, one positive act to share on Former Hon’ble Chief Justice […]
Read more "The Case of the Honest Prostitute"“There can be no doubt, a mere breach of contract is not in itself a criminal offence. However, as held by this Court in Hridaya Ranjan Prasad, (2000) 4 SCC 168 the distinction between mere breach of contract and cheating, which is a criminal offence, is a fine one. Breach of contract would amount to […]
Read more "Section 482 of The Code of Criminal Procedure, 1973 III: Deception at Inception"“There is no doubt that the socio-economic factors relating to a convict should be taken into consideration for the purposes of deciding whether to award Life Sentence or Death Sentence. The consideration of socio-economic factors is tied up with another important issue and that is whether the convict has had adequate legal representation. It would […]
Read more "Review of Death Penalty IV"“Reliance was placed on State of Maharashtra v. Shankar Krisanrao Khade, 2008 ALL MR (Cri) 2143. It may be mentioned, en passant, view of Bombay High Court in Shankar was not accepted by this Court in Shankar Kisanrao Khade v. State of Maharashtra, (2013) 5 SCC 546 in Paragraphs 60 and 61.” – Hon’ble Justice Madan […]
Read more "En Passant II"“The issues arising relate to procurement of 36 Rafale Fighter Jets for Indian Airforce. It is our considered opinion/view, extent of permissible judicial review in matters of contracts, procurement, etc. would vary with subject matter of contract and there cannot be any uniform standard or depth of judicial review which could be understood as an […]
Read more "The Nature of Judicial Power: 36 Rafale Fighter Jets"
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