Primacy of Views III: The Lokpal and Lokayuktas Act, 2013

SC in Mohapatra, (2002) 8 SCC 1 had accorded primacy to Hon’ble Chief Justice in consultative process for appointment of an Orissa Lokayukta. Justice Lokur in Chandrashekaraiah, (2013) 3 SCC 117 however confined law laid down in Mohapatra to the facts of that case only. It was held, views expressed by Chief Justice of High Court […]

Section 37 of The Arbitration Act I

In Domestic Arbitrations, if an Order is Not Appealable under Section 37(1) of The Arbitration Act, it would not be subject to Appeal under The Letters Patent of a High Court. My Lord, Intra-Court Letters Patent Appeal [Clause 15 of The Letters Patent of High Court at Calcutta] against Single Judge Order on Application for […]

Experts IV: Justice Pinaki Chandra Ghose

“We would like to emphasize on the vital role played by opinion of the expert which is simply a conclusion drawn from a set of facts coming to his knowledge and observation. Expert’s opinion should be demonstrative and should be supported by convincing reasons. A Court cannot be expected to surrender its own Judgment and […]

Section 20 of The Arbitration Act

It is settled law, Section 20(1) and 20(2), where the word ‘place’ is used, refers to ‘juridical seat’; whereas in Section 20(3), the word ‘place’ is equivalent to ‘venue’. My Lord, What is the correct depiction of the practical considerations and the distinction between ‘seat’ [Sections 20(1) and 20(2)] and ‘venue’ [Section 20(3)]? This, as […]

Fiat Justitia Ruat Caelum

“The Latin maxim ‘fiat justitia ruat caelum’ is what first comes to mind on a reading of Article 142 – let justice be done though the heavens fall. This maxim was quoted by Lord Mansfield in R. v. Wilkes, (1770) 4 Burr 2527: (1558-1774) All ER Rep. 570. The Article gives a very wide power […]

Chasing the Brigand: The Rajkumar Abduction

“On 8 October, 1997, Veerappan abducted wildlife researchers and photographers Krupakar and Senani. The next day, he stopped a bus carrying fifteen tourists through Bandipur Forest and took them hostage. The same fate was reserved for the six Karnataka Forest Department staffers who went searching for the bus. Though Veerappan set most of the tourists […]

Section 8 of the Arbitration Act IV

“Where an agreement is terminated by one party on account of the breach committed by the other, particularly, in a case where the clause is framed in wide and general terms, merely because the agreement has come to an end by its termination by mutual consent, the Arbitration Clause does not get perished nor is […]

The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986

“The provision of limitation in The Consumer Protection Act, 1986 cannot be strictly construed to disadvantage, where a supplier of goods or services itself is instrumental in causing a delay in the settlement of the claim.” – Hon’ble Justice Madan B. Lokur, National Insurance v. Hindustan Safety Glass Works Ltd., [Civil Appeal No. 3883 of […]

Misconduct

‘Misconduct’ has been defined in Black’s Law Dictionary (6th Edn.) at pg. 999: “A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour, its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness.” P. […]

D For Don II: Khullam Khulla

The Don always sells. There is even a sweet, fan-girl account in Sheela Raval’s Godfathers of Crime (Hachette, 2015). She attended the reception of Mahrukh’s wedding in the summer of 2005 and said, “Mario Puzo would have been proud of the scene“. In Khullam Khulla: Rishi Kapoor Uncensored (HarperCollins India, 2017), the actor has his […]

Public Policy

“The phrase ‘public policy’ is not capable of precise definition. In P. Rathinam, (1994) 3 SCC 394 it was observed: “The concept of ‘public policy’ is, however, illusive, varying and uncertain. It has also been described as ‘untrustworthy guide’, ‘unruly horse’ et cetera.” Broadly it will mean what is in the larger interest of the […]

The Ishihara Test

While discussing ‘Colour Blindness’ before SC [Pranay Poddar v. State of Tripura, Civil Appeal No. 4393 of 2017], Senior Advocate K.V. Viswanathan quoted Shinobu Ishihara, a Professor at Tokyo Imperial University, who, in 1916, had developed a diagnostic method which is still the most common test for ‘Colour Vision Deficiency’; and is called Ishihara. The […]

Actus Curiae Neminem Gravabit

“There cannot be an iota of doubt that no prejudice shall be caused to anyone due to the fault of the Court, but it is to be seen in what situations the Court can invoke the maxim ‘actus curiae neminem gravabit’. In this regard, we may usefully refer to a passage from Kalabharati Advertising, (2010) […]

Order 47, Rule 1 of The Code of Civil Procedure, 1908

The principles for interference in exercise of review jurisdiction are well settled. In Thungabhadra Industries Ltd. v. Government of Andhra Pradesh, AIR 1964 SC 1372 Court while dealing with scope of review had opined: “A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only […]

Implied Exclusion of Part I of the Arbitration Act III

Part I of Indian Arbitration Act has no application when parties agree and conduct the Arbitration outside India. In IMAX Corporation v. M/s. E-City Entertainment India Pvt. Ltd., [Civil Appeal No. 3885 of 2017] parties agreed that all disputes, ‘shall be finally settled by Arbitration pursuant to the ICC Rules of Arbitration’. They did not […]

Lunatic Judge Karnan

Retired Justice Prafulla Kumar Misra took over as Lokayukta of Goa on 28.04.2016. The post of Lokayukta was lying vacant since 17.10.2013. No sooner he took charge, Justice Misra directed Director of Tourism to stop all further payments to beach-cleaning contractors. Not stopping there, Lokayukta ordered a stay on electricity contracts worth Rs. 328 Crores […]

Video Conferencing in Matrimonial Disputes I

The Court ‘needed to consider’ whether a general order could be passed to the effect that in a case where a husband files matrimonial proceedings at place where the wife does not reside, the Court concerned should entertain such petition only on the condition that the husband makes appropriate deposit to bear the expenses of […]

Trusts Not Consumers

My Lord, Complaint by a Trust under The Consumer Protection Act, 1986? “A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ makes it clear that a Trust cannot invoke the provisions of the Act in respect of any allegation on the basis of which a ‘complaint’ could be made. It is clear […]

Rudespotted: Vikram Raghavan

George H. Gadbois, Jr., chronicler of 93 Judges of Supreme Court of India, had this to say once: “When I first wrote to Justice A N Ray requesting an interview, I included a couple of articles I had published earlier. This enabled him to see that I was rather well-informed about him and the Court. […]

The Test of Sustenance of Public Confidence in the Justice Dispensation System

“There can be a conflict between two individuals qua their right under Article 21 of the Constitution and in such a situation, to weigh the balance, the test that is required to be applied is the test of larger public interest and further that would, in certain circumstances, advance public morality of the day. To […]

The Last Word

A Diversion for Lawyers and Others