“Seeking transfer at the drop of a hat is inconceivable. An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has to be exercised cautiously and in exceptional situations, where it becomes necessary […]
Read more "The Real Apprehension in Transferring Cases I"My Lord, What is the difference between a ‘witness of facts’ and an ‘expert’? “Facts are facts and they remain and have to remain as such forever. The witness of facts does not give his opinion on facts; he presents the facts as such. However, the expert gives an opinion on what he has tested […]
Read more "Experts I: The Supreme Court of Pakistan"My Lord, Difference between Erroneous Judgment and Perverse Judgment? [There is a material distinction. A decision can be considered to be perverse only when there is some conscious violation of a rule of law or of procedure.] – Kristamma Naidu v. Chapa Naidu, 1894 ILR 17 Mad 410. [A good working test of perversity is […]
Read more "Erroneous Judgment v. Perverse Judgment I"It is widely known, Dashrath Rupsingh Rathod v. State of Maharashtra, (2014) 9 SCC 129 gave rise to further ‘territorial jurisdiction conundrum’. In Bridgestone India, 2015 (13) SCALE 155 decided on 24.11.2015, “in order to overcome the legal position declared by Court in Dashrath,” attention was drawn to The Negotiable Instruments (Amendment) Second Ordinance, 2015. […]
Read more "Negotiable Instruments (Amendment) Second Ordinance, 2015"Hon’ble Justice Arun Mishra just quoted Hon’ble Justice Arun Mishra._____ My Lord, What is the law in the case of an accident arising out of composite negligence? “The law in the case of an accident arising out of composite negligence has been considered by a 3 Judges’ Bench of this Court in Khenyei v. New […]
Read more "Composite Negligence II"Russel on Arbitration, 21st Edition: “Many cases have been fought over whether a contract’s chosen form of dispute resolution is Expert Determination or Arbitration. This is a matter of construction of the contract, which involves an objective enquiry into the intentions of the parties. First, there are the express words of the disputes clause. If […]
Read more "Expert Determination v. Arbitration"Usage of “non-injurious terminology” in the order of termination of the services of a probationer is not merely enough to conclude whether the order reflects a simple dismissal or a punishment. _____ In Samsher Singh v. State of Punjab, (1974) 2 SCC 831 Judgment of CJI Ray and Judges Alagiriswami, Palekar, Mathew, Chandrachud was delivered […]
Read more "Twice Overruled: Hon’ble Justice Ruma Pal"Where an agreement is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording. The principle is Contra Proferentem, also known as ‘interpretation against the draftsman’. Such rules are rarely if ever of any assistance when it comes to construing commercial contracts. The principle may […]
Read more "The Contra Proferentem Rule I"December 22, 2014: “In 1923, Scrutton L.J. expressed his regret that the “Counsel who argued this case would probably not recognize any of the Judgments as having any relation to the arguments they addressed to us” [Smith v. Smith, (1923) P. 191, 202]. Lord Maugham too lamented once that it was hard for him to […]
Read more "Cent Percent, Sen Precedent"Ram Sunder Sen’s 12 year-old daughter was raped and murdered. One Narendra was arrested. Trial Court awarded Capital Punishment. Narendra filed an appeal before Madhya Pradesh High Court. HC allowed the appeal on the ground, prosecution failed to prove the chain of circumstances sufficient enough to connect Narendra with the alleged offence. Ram Sunder petitioned […]
Read more "What Happens to Ram Sunder Sen?"“In 1999, it was reported: “Ganglord Chhota Shakeel is in direct contact with a serving Additional Sessions Court Judge in Mumbai, Jaysingh Wadhu Singh.” It was alleged, the Judge had agreed to go easy on cases involving members of the Dawood or the Shakeel family. J.W. Singh was in jail for 28 months before a […]
Read more "Judges with Colorful Lives: No. 8"In Re: Daksh The Basic Structure Doctrine has an able critic in Senior Advocate Raju Ramachandran [RR]. Christmas Comedy Night with RNR RR: “When you talk of a Structure, four professions are involved – architecture, civil and structural engineering, masonry and brick laying.” RNR: Let’s see. Katrina Kaif – Architecture (God’s Contribution, Genes), Engineering (Gym, […]
Read more "Architecture, Structure, Bricks and Walls"A lot of lives changed at 2:45 AM on 28.09.2002. Ravindra Himmatrao Patil should not be forgotten. “The evidence of Ravindra Patil is of very weak type“ “Still if he is considered as a partially reliable witness, then there is definitely a need for independent corroboration. In the considered view of this Court, apart from […]
Read more "Ravindra Himmatrao Patil, Who?"“It is well settled that in a case where there is a repealing clause to a particular Act, it is a case of express repeal, but in a case where doctrine of implied repeal is to be applied, the matter will have to be determined by taking into account the exact meaning and scope of […]
Read more "The Principle, Rule, Doctrine of Implied Repeal I"‘Stare Decisis’ is a Latin phrase which means “to stand by decided cases; to uphold precedents; to maintain former adjudication.” SC in Paragraph 26-A, Indra Sawhney, (1992) 3 SCC 217 observed, in law, certainty/consistency/continuity are highly desirable features. Doctrine of Stare Decisis is not an ‘imprisonment of reason‘. Concepts are good servants but bad masters. […]
Read more "Stare Decisis, Not Logic Intolerant"“We record our deep sense of appreciation for the valuable assistance rendered by Mr. Harish Salve. According to him, while deciding the question as to whether the Writ lies under Article 226 against any person, juristic body, organization, authority etc., the test is to examine in the first instance the object and purpose for which […]
Read more "The Public Function Test, Mr. Harish Salve"“Ecclesiastical Jurisprudence in India revolves around exposition of Constitutional Guarantees under Articles 25 and 26 as made from time to time. The development of this branch of jurisprudence primarily arises out of claimed rights of religious groups and denominations to complete autonomy and prerogative of exclusive determination of essential religious practices. A decision on such […]
Read more "Indian Ecclesiastical Jurisprudence"CCE v. SKF India, (2009) 13 SCC 461 & CCE v. International Auto, (2010) 2 SCC 672 – two cases with “almost identical” factual scenarios – fortuitously decided by the same Bench, do not [perhaps] correctly interpret the provisions of Section 11AB of The Central Excise Act, 1944 and “require a re-look”. What is the effect of […]
Read more "Referred to Larger Bench VI: Section 11AB, The Central Excise Act, 1944"To convict for the offence punishable under Section 304-B, the following essentials must be satisfied: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; “Section 304B IPC does not categorize death as homicidal or suicidal or accidental. This is because death caused by […]
Read more "Landmark Judgment on Dowry Deaths"This one shall remain for posterity. Suggestion 24 in GS’s Collegium Submissions: “No Judge must be asked to state what he considers are his ‘best Judgments’. It is further submitted, having regard to The Prowess of Law Clerks who are presently assisting Judges, it is often difficult to find out the true ability of a Judge to […]
Read more "The Prowess of Law Clerks"
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