Section 56 of The Indian Contract Act, 1872 I

“The interpretation of Section 56 of the The Contract Act, 1872 came up for consideration in Satyabrata Ghose v. Mugneeram Bangur & Co., (1954) SCR 310 It was held by this Court that the word ‘impossible’ has not been used in the sense of physical or literal impossibility. It ought to be interpreted as impracticable […]

SC Resolves Conflict Between SICA & Companies Act

“Different situations can arise in the interplay between The Companies Act, 1956 and The Sick Industrial Companies (Special Provisions) Act, 1985 [for instance, in the matter of winding up of a company: i) where winding up proceedings are pending, but no order of winding up has been passed against the company, and a reference is […]

Section 11 of The Arbitration Act II

In a Judgment, indicative of clerical errors and incorrect citations, at least, the following is clear: “The Chief Justice exercises judicial power while passing an order under Section 11 of The Arbitration and Conciliation Act, 1996 and thus can examine the question as to whether the claim which has been raised before him survives and […]

Section 32-A of The NDPS Act

Section 32-A of The Narcotic Drugs and Psychotropic Substances Act, 1985 reads as follows: “32-A. No suspension, remission or commutation in any sentence awarded under this Act – Notwithstanding anything contained in The Code of Criminal Procedure, 1973 or any other law for the time being in force but subject to the provisions of Section 33, […]

Pension Cuts under Proviso (a), Rule 10(1) of The West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971

Justices A.K. Goel and A.M. Khanwilkar have allowed State of West Bengal v. Aswini Kumar Mahato, [Civil Appeal No. 4689 of 2011] against a Calcutta High Court order in which it was held, once an employee retires on attaining age of superannuation, concerned authority has no jurisdiction to pass an order in a disciplinary proceeding […]

Deposit under Section 18 of SARFAESI Act

SC in Lakshmi Rattan Engineering Works Ltd. v. Assistant Commissioner Sales Tax, Kanpur, AIR 1968 SC 488 had the occasion to consider the meaning of the expression ‘entertain’ in the context of The Uttar Pradesh Sales Tax Act, 1948. It was held that the expression has the meaning of ‘admitting to consideration’. An appeal under […]

Compensatory Jurisprudence of Constitutional Courts II: Rini Johar

Dr. Rini Johar v. State of M.P. [Writ Petition (Criminal) No. 30 of 2015] has brought back memories of Rudul v. State of Bihar, (1983) 4 SCC 141 that heralded a new era of compensatory jurisprudence in Indian legal history. Rini and Gulshan Johar were arrested in 2012 without following the procedure of arrest. SC held, […]

A Review of “Legal Eagles”

“There is a tide in the affairs of men, which taken at the flood, leads on to fortune. Omitted, all the voyage of their life is bound in shallows and in miseries. On such a full sea are we now afloat. And we must take the current when it serves, or lose our ventures.” Legal Eagles traces the journey of […]

The Doctrine of Mutuality I

My Lord, What is the Doctrine of Mutuality? “The said Doctrine is predicated on the principle enunciated in Styles v. New York Life Insurance Company, (1889) 2 TC 460, 471 (HL) by Lord Watson in the following words: “When a number of individuals agree to contribute funds for a common purpose, such as the payment […]

Express Exclusion of Part I of The Arbitration Act

My Lord, If an Arbitration Clause stipulates, dispute under contract ‘is to be settled and referred to Arbitration in London’ and further stipulates, ‘English Law’ will apply, does that expressly exclude applicability of Part I of Arbitration Act? Yes. “The parties have clearly intended that the Arbitration will be conducted in accordance with English Law […]

Section 499, Indian Penal Code II

I am an Advocate, not an Academician. The practical impact of a Judgment interests me. Subramanian Swamy v. Union of India, [Writ Petition (Criminal) No. 184 of 2014] pronounced recently, is a significant weapon in my hand. Explanation 1 to Section 499 of The Indian Penal Code, 1860 reads as, “It may amount to defamation to […]

Able Disable All People Together I

“Since the inception of mankind, many lacs have suffered from different types of physical handicaps (today about 600 million people suffer from such handicaps). But, many of them overcame all kinds of handicaps and achieved distinctions in various fields. Sarah Bernhardt – French actress was disabled by a knee injury. Her leg was amputated in […]

Promissory Estoppel IV

“The entire basis of this Doctrine of Promissory Estoppel has been well put in a Judgment of Australian High Court reported in Commonwealth of Australia v. Verwayen, 170 C.L.R. 394, by Deane, J. The statement, based on various earlier English authorities, correctly encapsulates the law of Promissory Estoppel with one difference under our law – […]

Reasonable Restriction I

“Under Article 19(6) of The Constitution, the State has to conform to two separate and independent tests if it is to pass constitutional muster – the restriction on the fundamental right must first be a reasonable restriction, and secondly, it should also be in the interest of the general public. Perhaps the best exposition of […]

Referred to Larger Bench IX: Atiabari Tea, (1961) 1 SCR 809 and Automobile Transport, (1963) 1 SCR 491

In Keshav Mills Co. Ltd. v. CIT, (1965) 2 SCR 908 a Constitution Bench enacted circumstances in which a Reference to a Larger Bench would lie. It was held, in revisiting and revising its earlier decision, SC should ask itself whether in the interest of the public good or for any other valid and compulsive reasons, […]

The Revisional Court of Sessions

2 in Balveer Singh v. State of Rajasthan [Criminal Appeal No. 253 of 2016] have carved an exception to what 5 held in Dharam Pal v. State of Haryana, (2014) 3 SCC 306. Dharam Pal was authored by Altamas Kabir, CJI. My Lord, Can a Sessions Court take cognizance of offence, under Sections 304-B and […]

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 Last Word

A Diversion for Lawyers and Others