Look, T.M.A. Pai Again

Any attempt at interpretation of a long line of cases proves to be tiresome. Modern Dental College and Research Centre v. State of Madhya Pradesh, [Civil Appeal No. 4060 of 2009], delivered on 02.05.2016, provides a brave summary. Accept it with abundant caution. 5 Judges have no jurisdiction to interpret 7 or 11 erstwhile Lords. The […]

The Indo-Chilean Extradition Treaty I

On 26th January, 1897 United Kingdom of Great Britain and Ireland and Republic of Chile entered into a Treaty for Mutual Surrender of Fugitive Criminals. My Lord, Binding Treaty on India and Chile? “This question may first be looked at from the point of view of Republic of Chile. Supreme Court of Chile, in its […]

Dispute on Matrimonial Status

“Under Section 7(1), Explanation (b) of The Family Courts Act, 1984 (“Act”) a suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8 all those jurisdictions covered under Section 7 are excluded […]

Section 13B of The Hindu Marriage Act I

Section 13B of The Hindu Marriage Act, 1955 reads as: “Divorce by mutual consent – (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before […]

The Fake Encounters: Tarn Taran, 22.07.1993

22nd July, 1993 – Gulshan, Jairnal Singh, Karnail Singh and Harjinder Singh were reportedly killed by Tarn Taran Police, led by SHO Gurbachan Singh Manochahal. Police carried out the cremations themselves and did not permit family members to attend. On arrest, and before Court, Defence claimed, the incident was in the course of “discharge of […]

The Fake Encounters: Ahmedabad, 15.06.2004

The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials is not legally binding for Member States, but rather seeks to further clarify aspects of the Code of Conduct for Law Enforcement Officials and provide guidelines it encourages States to adopt and implement. __________ On 15.06.2004, vide C.R. No. 8/2004 of […]

75 LAKHS FOR NALSA

One of the examples cited as an abuse of the process of Court is re-litigation. It is contrary to justice and public policy for a party to re-litigate the same issue which has already been tried and decided earlier against him. Recently, Messer Holdings Ltd. v. Shyam Madanmohan Ruia, [Special Leave Petition (Civil) 33429 of […]

Knickeratti

Truth be told, both Chetan Bhagat [@chetan_bhagat] and Dushyant Arora [@atti_cus] wrote boring posts – nothing I have not read before. Chetan wrote first. He used that advantage. It is not appropriate for a National-Figure to berate an Upcoming Lawyer. Some of us, including Senior Advocate Sanjay Hegde, were concerned. At the Near Stroke of Midnight: Thus, […]

Referred to Larger Bench VIII: Sections 3 & 4, The Central Excise Act, 1944

“Two Coordinate Benches (Three Judges)” have taken what would appear to be contrary views with regard to purport and effect and the interconnection between Section 3 and 4 of The Central Excise Act, 1944. The First Coordinate Bench in Union of India v. Bombay Tyre International Ltd., (1984) 1 SCC 467 comprised of Hon’ble Judges […]

Article 136 and Criminal Appeals II

“The term ‘locus standi’ is a Latin term, the general meaning of which is ‘place of standing’. The Concise Oxford English Dictionary, 10th Edn., at page 834, defines the term ‘locus standi’ as the right or capacity to bring an action or to appear in a Court. The traditional view of ‘locus standi’ has been […]

Curse of NEET, 2016

Four notifications, two dated 21.12.2010 and two dated 31.05.2012, issued by Medical Council of India and Dental Council of India, were challenged in CMC, Vellore v. Union of India, (2014) 2 SCC 305. CJI Altamas Kabir held, the notifications were ultra vires the provisions of Articles 19(1)(g), 25, 26(a), 29(1) and 30(1). Hon’ble Justice Anil […]

D for Dayan, D for David

“It was a scorching summer day on 31st May, when the NIA sleuths gathered in the chambers of Gopal Subramanian, the Attorney General of India. He had just returned from the US where he had spent hours discussing the David Headley issue with the US Attorney General, Eric Holder… Behera spoke, ‘We will be leaving […]

Dura Lex Sed Lex

It is a settled legal proposition, law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. A result flowing from a statutory provision is never an evil. Court has no power to ignore that provision to relieve what it considers a […]

A Good Samaritan Law

There is a need to build confidence to help road accident victims. Good Samaritans fear of legal consequences, involvement in litigation and repeated visits to Police Station. There is a need to provide certain incentives to Good Samaritans. There is also a dire need to enact a Good Samaritan Law. Ministry of Road Transport and […]

The Nature of Judicial Power: Hon’ble Justice Ranjan Gogoi

“The power to invalidate a Legislative or Executive Act lies with the Court. A Judicial Pronouncement, either declaratory or conferring rights on the citizens cannot be set at naught by a Subsequent Legislative Act for that would amount to an encroachment on the Judicial Powers. However, the Legislature would be competent to pass an Amending […]

The Proviso I

“It needs no special emphasis to mention, provisos can serve various purposes. Hidayatullah, J had observed, a proviso is generally added to an enactment to qualify or create an exception to what is in the enactment, and the proviso is not interpreted as stating a general rule. Further, except for instances dealt within the proviso, the […]

Referred to Larger Bench VII: Chapter III-A, The Madhya Pradesh Accommodation Control Act, 1961

In Ranjit Narayan Haksar v. Surendra Verma, 1995 MPLJ 21 a Division Bench of High Court of Madhya Pradesh held, an employee, retired from its service to Madhya Pradesh State Road Transport Corporation, was entitled to maintain an Eviction Petition under Chapter III-A of The Madhya Pradesh Accommodation Control Act, 1961. SC affirmed the reasoning. […]

History Has No Dustbin: Hon’ble Justice Ashok Kumar Ganguly

“It is a matter of complete disgrace, you were hounded by Press and you were intolerant of them when there was a case against you…” – Padma Bhushan, Anupam Kher, The Telegraph National Debate, 2016 The choice of Retired Hon’ble Justice Ashok Kumar Ganguly as a Panelist at The Telegraph National Debate, 2016 was confusing […]

Power Coupled With Duty II

Several statutes confer power on authorities and officers to be exercised by them at their discretion and they are couched in permissive language, such as, “it may be lawful”, “it may be permissible”, “it may be open to do”, et cetera. But in certain situations, such power is coupled with duty and must be exercised. […]

Section 31(7) of The Arbitration Act II

“A 3-Judge Bench of this Court in Union of India v. Bright Power Projects (India) Pvt. Ltd., (2015) 9 SCC 695 has considered the provisions contained in Section 31(7)(a) of The Arbitration and Conciliation Act, 1996 and considered the words “unless otherwise agreed by parties” in the said section and held that the Arbitrator is […]

The Last Word

A Diversion for Lawyers and Others