“After the Amendment to The Arbitration and Conciliation Act, 2015 – Section 12(5) prohibits the employee of one of the parties from being an Arbitrator. In the present case, the agreement between the parties was entered into on 28.01.2000 and the Arbitration Proceedings commenced way back in 2009 and thus, one cannot invoke Section 12(5) […]
Read more "Section 12(5) of The Arbitration Act II"“Muslim Law clearly distinguishes between a valid marriage (sahih), void marriage (batil), and invalid/irregular marriage (fasid). Thus, it cannot be stated that a batil (void) marriage and a fasid (invalid/irregular) marriage are one and the same. The marriage of a Muslim Man with a Hindu Woman is neither a valid (sahih) nor a void (batil) […]
Read more "A Fasid Marriage"Daya Kishan Joshi, (2018) 11 SCC 642; Surendra Pandey, (2015) 13 SCC 625; Lord Denning. “He fell off the roof of the bus accidentally and died. Merely because the deceased was coming down the roof of the bus after having his meal, cannot be considered in isolation and interpreted so myopically to hold that he […]
Read more "The Doctrine of Notional Extension"“We find it difficult to accept the view taken in Mohan Lal. It was held, a fair investigation, which is but the very foundation of fair trial, necessarily postulates, the informant and the investigator must not be the same person. Some have maintained a distinction in that where the investigation was conducted by the informant […]
Read more "Referred to Larger Bench XIV: 4 Kilograms of Opium"“The NDPS Act carries a reverse burden of proof under Sections 35, 54. Section 35(2) provides, a fact can be said to have been proved if it is established beyond reasonable doubt and not on preponderance of probability. Article 21 of the Constitution would be a hollow promise if the investigation were not to be […]
Read more "4 Kilograms of Opium"“It is no doubt true that Arvind committed suicide on 23.02.2002. There is also no dispute that Arvind blamed Rajesh [Wife’s Brother]. In order to bring a case within the purview of Section 306, IPC there must be a case of suicide and in the commission of the said offence, the person who is said […]
Read more "Section 306, Indian Penal Code I"“It needs to be borne in mind, there may be certain activities which society perceives as immoral per se. It may include gambling (though that is also becoming a debatable issue now), prostitution et cetera. It is also to be noted, standards of morality in a society change with passage of time. A particular activity, […]
Read more "Morality of Gambling"Appellant was a driver working with Swargate S.T. Depot, Pune. On 25.01.2012 he had requested for changing his ‘night out duty’ to ‘single day duty’. After his request was declined, he ‘hijacked’ a S.T. Bus; ‘crushed to death’ 2-3; ‘killed’ 6; ‘grievously injured’ / ‘permanently disabled’ 36; ‘damaged’ public property. Appellant was not in a […]
Read more "Review of Death Penalty V"“The correctness of the decision in Sadanandan’s case was doubted. Three-Judge Bench of this Court in MSR Leathers v. S. Palaniappan held that there is nothing in the provisions of Section 138 of The Act that forbids the holder of the cheque to make successive presentation of the cheque and institute the criminal complaint based […]
Read more "Successive Presentations of Cheque"“It is true, an extra-judicial confession is used against its maker but as a matter of caution, it is advisable for Court to look for a corroboration with other evidence on record. In Gopal Sah, (2008) 17 SCC 128 this Court held, an extra-judicial confession is, on the face of it, weak evidence and Court […]
Read more "Extra Judicial Confessions II"Stories, Locking Key, Weapons, Blood Stains, Fingerprints, Hair, Robbed Items, Murdered Bodies, Accused: Recovered. Trial Court: Capital Punishment. 2:1 High Court: Acquittal. Hon’ble Justice Mohan M. Shantanagoudar, Ashish Jain v. Makrand Singh, [Criminal Appeal No. 1980 of 2008]: Acquittal “We have re-appreciated the entire evidence. No whisper of an important fact / crucial piece of […]
Read more "Setting Aside, Acquittal Orders II"“The policy of compassionate appointment is premised on the death of an employee while in harness. The death of an employee is liable to render the family in a position of financial hardship and need. Compassionate appointment is intended to alleviate the hardship that the family of a deceased employee may face upon premature death […]
Read more "Section 16 of The Hindu Marriage Act / Compassionate Appointment I"“STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM”: JUDGE LEARNED HAND. Gypsum (Calcium Sulphate Dihydrate): Natural Mineral. Gypsum Board / Drywall: Cellulosic Composite Material; Primary Raw Material = Calcium Sulphate Dihydrate + Cellulose; See, George J Venta, The Athena Sustainable […]
Read more "Euclid’s Theorem II"Security Clearance is Mandatory – The Cable Television Network (Amendment) Rules, 2012. My Lord, Principle of Natural Justice, Fair Play Overlooked? “In similar circumstances, in Ex-Armymen’s Protection Services Private Limited, (2014) 5 SCC 409 following was laid down: “What is in ‘interest of national security’ is not a ‘question of law’. It is a ‘matter […]
Read more "Principles of Natural Justice IV"My Lord, Nuziveedu infringed Monsanto’s Patent ? “Technically complex suit. We leave open all questions of fact and law to be urged for consideration in appropriate proceedings. The suit involved complicated mixed questions of law and facts with regard to patentability and exclusion of patent which could be examined in the suit on basis of evidence. There is no […]
Read more "Monsanto v. Nuziveedu: Patent Battle"45 Years of E.P. Royappa Determination of Equation of Pay Scales: Government, Experts; Not Courts [SAIL, (2011) 11 SCC 122; S.C. Chandra, (2007) 8 SCC 27]. Determinative Factors in Equation of Posts: a) Prescribed Minimum Qualification; b) Nature and Duty [E.P. Royappa, (1974) 4 SCC 3]; c) Responsibility and Power; Salary [P.K. Roy, AIR 1968 SC […]
Read more "Principle of Parity II / The Revival of Ray XI"“The question of entitlement to file a suit under Order 33 provided plaintiff is able to prove that he is not possessed of sufficient means to pay the requisite fees is required to be decided by holding an inquiry as prescribed under Order 33, Rules 4-7. Rule 9 empowers the Court to withdraw the permission […]
Read more "Order 33, 44 of The Code of Civil Procedure, 1908"07.01.2019 My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972? “No. Clearly Not. See, Ahmedabad Pvt. Primary Teachers’ Association, (2004) 1 SCC 755.” – Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. State of Jharkhand, [Civil Appeal No. 2530 of 2012]. _____ 09.01.2019 My Lord, Teachers are […]
Read more "Section 2(e) of The Payment of Gratuity Act, 1972"“The material questions, which are required to be gone into for grant of the relief of specific performance, are first, whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property; second, whether the plaintiff has been ready and willing to perform his part of contract and whether he […]
Read more "Relief of Specific Performance"“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"
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