Appellate Court under Section 37 is to decide, whether jurisdiction under Section 34 has been exercised rightly or wrongly. As observed, scope of interference under Section 34 is very narrow; jurisdiction under Section 37 is narrower [UHL Power Company Limited v. State of Himachal Pradesh, (2022) 4 SCC 116]. There is no statutory embargo on […]
Read more "Section 37 of The Arbitration Act IV"Nachiketa Walhekar v. Central Board of Film Certification, (2018) 1 SCC 778 held, Court will be extremely slow to restrain creative works, once Board had approved exhibition. The context, intention and overall message must be considered before protection of free speech is lifted. We have heard Sanjoy Ghose, Senior Counsel and Jai Anant Dehadrai, Counsel […]
Read more "Able Disable All People Together II"“Let justice be done though the heavens fall” In early hours of 19/05/2024 a ghastly incident killed 2 young individuals in Pune and cause for same happened to be a Porsche rashly driven by Master X, a child in conflict with law. On very same day, he came to be released on bail. Juvenile Justice […]
Read more "Fiat Justitia Ruat Caelum, Again"Somendra was a cunning merchant. Nandish was a simple village boy. He was poor and had nothing in the world but one beautiful white horse. “What does a young boy like you need with a horse?” When the offer reached five hundred gold coins, Nandish paused and seemed to give it a thought. “You must […]
Read more "Price is Right"The equestrian sport dates back to ancient Greek era and has been an Olympic sport from 1900 onwards. The dressage sport is popularly known as horse ballet. The riders and their horses are judged based on their movement, calmness, suppleness and flexibility. One judges the horse’s enthusiasm to perform each element with minimum encouragement from […]
Read more "Equestrian"Arbitrator does not do pro bono work. For him, it is a professional assignment. Arbitrator who accepts an appointment cannot say, he will not fix a meeting to conduct Arbitral Proceedings or a hearing date unless parties request him to do so. It is duty of an Arbitral Tribunal to do so. Section 32 of […]
Read more "Section 32 of The Arbitration Act"An insurance is a contract of indemnification, being a contract for a specific purpose [Oriental Insurance Co. Ltd. v. Sony Cheriyan, (1999) 6 SCC 451], which is to cover defined losses [United India Insurance Co. Ltd. v. Levis Strauss (India) (P) Ltd., (2022) 6 SCC 1]. Courts have to read an insurance contract strictly. Essentially, […]
Read more "Contracts of Insurance VIII"Our research indicates, there is no authoritative pronouncement of this Court on this issue. _____ “Government will be well-advised to make suitable amendments.” – Anwar Ahmad v. State of U.P., AIR 1976 SC 680. Section 102(3), CrPC came by way of an amendment only in 1978. It becomes necessary to understand, meaning of the expression […]
Read more "Forthwith"27 SC Judges on CJI Lalit J’s retirement day [08/11/2022] turned to 28 with Datta J’s arrival [12/12/2022] and 27 again on Nazeer J’s retirement [04/01/2023]. A month later [06/02/2023], 5 Judges were elevated to SC [Mithal, Karol, S. Kumar, Amanullah, M. Misra JJ]. Also, within a week [13/02/2023], 2 more Judges were elevated to […]
Read more "34, The Nature of Judicial Power: Article No. 1434"State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657 did not dispute, a statute of limitation only bars a remedy and does not extinguish a debt. It would also be apposite to point out, recently, K.C. Ninan v. Kerala State Electricity Board, 2023 INSC 560 noticed V.R. Kalliyanikutty and concluded, a statute of limitation […]
Read more "Referred to Larger Bench XXXVII: Limitation and Debt"Time and again Court has said, there should not be any element of political consideration in matters like appointment of a Public Prosecutor. The only consideration for Government should be ‘merit’. A good, seasoned and experienced Public Prosecutor will not only bring contradictions on record, but will also cross-examine a hostile witness at length. It […]
Read more "Public Prosecutor"Many times, Parents including Close Relatives of a Wife make a mountain out of a mole. No sooner it reaches Police, fair chances of reconciliation would get destroyed. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent […]
Read more "Criminal Proceedings in Marriages"An offence of ‘criminal intimidation’ arises when the accused intends to cause alarm to the victim, though it does not matter whether the victim is alarmed or not. The word ‘intimidate’ means to make timid or fearful, especially: to compel or deter by or as if by threats. The word ‘threat’ refers to the intent […]
Read more "Intimidation"A ‘service’ involving ‘art’ necessarily involves ‘freedom and discretion in presentation’. Before release of ‘Fan‘ in 2016, Yash Raj Films Private Limited circulated a ‘promotional trailer’, both on television and online, which contained a song in form of a video. Afreen Fatima Zaidi states, ‘Fan‘ did not contain the song, even though the song was […]
Read more "Promotional Trailers"Intelligence Officer/Inspector-Mrs. Krishna Chaube on 10.12.1999 at about 06:30 PM had received the secret information, Abdul Hamid Chandmiya would be carrying narcotic substances in an Auto Rickshaw-GJ9T2355 at about 07:00 AM on 11.12.1999 and shall be passing through Shahpur Darwaja. It was recorded and reported to Superior Officer-Mr. Pawan Singh Tomar. Auto Rickshaw-GJ9T2355 was chased […]
Read more "1.450 Kilograms of Charas"Karikho Kri-Independent, Dr. Mohesh Chai-Bharatiya Janata Party and Nuney Tayang-Indian National Congress contested from 44 Tezu (ST) Assembly on 11.04.2019. Karikho Kri emerged victorious with 7538 votes, while Dr. Mohesh Chai secured 7383 and Nuney Tayang secured 1088 votes. Once it is accepted, Kri’s Kinetic Zing Scooty-AR-11/4474, Maruti Omni Van-AR-11A/3100 and TVS Star City Motorcycle-AR-11/685 […]
Read more "The Case of Three Vehicles"A ‘corrupt practice’ is easy to level but difficult to prove. No allegation would fall within definition of ‘corrupt practice’ of ‘undue influence’ as envisaged in Section 123(2) of The Representation of the People Act, 1951. Election Petition No. 01 of 2021 of Aminul Haque Laskar against Karim Uddin Barbhuiya also lacks ‘concise statement’ of […]
Read more "Disobedience of Section 83(1)(a) of RP Act, 1951"Chief Justice Sabyasachi Mukharji in Charan Lal Sahu v. Union of India, (1990) 1 SCC 613 felicitously described, “Principles of Natural Justice are fundamental… no man or no man’s right should be affected without an opportunity to ventilate his views… we are also conscious, justice is a psychological yearning.” This echoes what Lord Megarry said […]
Read more "Referred to Larger Bench XXXVI (Answered): Principles of Natural Justice X"This litigation between parties started sometime in 1981. We are in 2024. Almost 43 years have elapsed. It would be a mockery of justice if we condone a delay of 12 years and 158 days. We are of view, a question of limitation is not merely a technical consideration. We should not keep the ‘Sword […]
Read more "Condonation of Delay XII: 12 Y 158 D"The procedure provided under Sections 15 and 19 of JJ Act, 2015 has been held to be ‘mandatory’ by this Court in Ajeet Gurjar v. State of Madhya Pradesh, 2023 SCC Online SC 1255. Court held, ‘may’ in Section 19(1) be read as ‘shall’. As can be seen, there has been a flagrant violation of […]
Read more "Claim of Juvenility VIII"
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