Unwitty Election Petitions

Section 83(1)(a) of The Representation of the People Act, 1951 reads as follows: “An election petition shall contain a concise statement of the material facts on which the petitioner relies.” In Ashraf Kokkur v. Abdul Khader, (2015) 1 SCC 129 it was considered, The Concise Oxford Dictionary has defined ‘concise’ as “giving a lot of […]

Condonation of Delay II: 355

Defendants were set ex-parte, in a suit praying for refund of an advance amount with interest. There was a delay of 355 days in filing the application to set aside the ex-parte decree. Principal District Judge, Thanjavur condoned the 355-day delay subject to the condition of deposit of the entire ‘principal prayed amount’. SC considered […]

Section 138 Notice I

You do not need an Advocate to draft a Section 138(b), NI Act Notice. A hand written note mentioning – i) the amount under subject, ii) cheque nos., iii) dates of issue, iv) bank particulars, v) details of dishonor – with a demand for repayment, is valid for the purposes of calculating relevant limitation periods. […]

Judges with Colorful Lives: No. 9

‘Colorful’ does not only indicate vices or indiscretions. If Justice Shamit Mukherjee, at No. 10, is Grey, then my choice for No. 9 represents Red. It must be granted to Hon’ble Justice K.S.P. Radhakrishnan. Jallikattu, (2014) 7 SCC 547 and studying of “Bull Behavioural Ethology” fetched Justice Radhakrishnan: PETA (India) Man of the Year Award, […]

Withdrawal of Consumer Complaints

May 2, 2012 Once evidence stands concluded and arguments on merit are heard, then keeping in view the ends of justice, it is incumbent upon District Consumer Forums to issue notice of an application, for withdrawal of the complaint, to the opposite party, before passing any order thereon. British Airways v. Anish Setia, First Appeal No. […]

Science for Everyone: LCD, LED

My Lord, What is the difference between LCD and LED? “In Bloomsbury Dictionary of ‘Science for Everyone’, LCD and LED are described in the following manner: LCD AND LED are the two principal methods of forming number sand letters on instruments such as calculators and digital watches. A basic pattern of seven bars is used […]

Promissory Estoppel II

“In M/s. Motilal Padampt Sugar Mills Company, (1979) 2 SCC 409 this Court, on an exhaustive survey of the law pertaining to Doctrine of Promissory Estoppel, held, the same was equitable and would yield when equity so required. While propounding, the same had been evolved to avoid injustice where it is demonstrated that a party acting on […]

Judges with Colorful Lives: No. 10

Former Judge of High Court of Australia is a self-declared homosexual. William Rehnquist, 16th Chief Justice of the United States, was once addicted to ‘placidyl’. There is no definitive example of a quirky Indian Judge. In this new series, I shall bring to you the names of 10 Indian Judges who I think have had […]

100: The Bar and Bench Photography Competition, 2015

Referred to Larger Bench IV: Katju’s Eccentricity

In Common Cause v. UOI, (2014) 5 SCC 338 it was held, “A vivid reading of Para 104 of Aruna Shanbaug, (2011) 4 SCC 454 demonstrates, reasoning in Para 104 is directly inconsistent with observation in Para 101. In Paras 21 & 101 Bench was of view, Constitution Bench in Gian Kaur held, euthanasia could be made […]

Reason To Believe

“Statutes often use expressions such as “deems it necessary”, “reason to believe” et cetera. Suffice it to say, these expressions have been held not to mean, subjective satisfaction of the officer concerned. Such power given to the concerned officer is not an arbitrary power and has to be exercised in accordance with the restraints imposed […]

Principles of Natural Justice I

An administrative authority cannot dispense with the requirement of issuing notice, deciding that no prejudice will be caused to the person against whom an action is contemplated. “It is not permissible to jump over the compliance of the Principles of Natural Justice on the ground that even if hearing had been provided it would have […]

Poetic License

My Lord, What is Poetic License? “There is no authority who gives a license to a poet. These are words from the realm of literature. The poet assumes his own freedom, which is allowed to him by the fundamental concept of poetry. He is free to depart from the reality; fly away from grammar; walk […]

Promissory Estoppel I

Estoppels and Estoppels (Lord Denning). If equity is flexible enough to permit Proprietary Estoppel to be used as a cause of action, there is no reason in logic or principle why Promissory Estoppel should also not be available as a cause of action, if necessary to satisfy equity. “The law on the subject of Promissory […]

Thika Tenancy III

Before Nemai Chandra Kumar, 2015 (2) SCALE 657 there was, of course, Ramdas Bansal v. Kharag Singh Baid, (2012) 2 SCC 548 pronounced by Hon’ble Justice Altamas Kabir. Entitlement to a portion, carved out of 91, Mahatma Gandhi Road and 6, Sambhu Chatterjee Street, was in question. The two addresses in Kolkata together comprised lands on […]

Composite Negligence I

It is settled law, in a case of composite negligence, where injuries have been caused to the claimant by the combined wrongful act of joint tortfeasors, the liability is always joint and several. In Khenyei v. New India Assurance Company Ltd., [Civil Appeal No. 4244 Of 2015] it has been considered, “the claimant has the […]

Flies in the Face of Common Sense

“The expression Flies in the Face of Common Sense is taken from an interesting Judgment of the House of Lords reported in R v. Secretary of State for the Home Department, (1995) 2 All ER 244. Lord Browne Wilkinson was faced with an argument that Section 171 of The Criminal Justice Act of 1988 vests in […]

Notice to Directors I

“The notice under Section 138 is required to be given to the ‘drawer’ of the cheque so as to give the drawer an opportunity to make the payment and escape the penal consequences. There is nothing in Section 138 which may even remotely suggest issuance of notice to anyone other than the drawer. The opportunity […]

Hon’ble Justice Shukla Kabir Sinha

“A clear example of opaqueness and bad decision was the appointment of the 59-year-old sister of a CJI to the Cal HC.” The CJI alluded to is: Hon’ble Justice Altamas Kabir; The sister: Hon’ble Justice Shukla Kabir Sinha. The symmetry is astounding. This day, 2 years ago, the following letter was sent out: Mr. Furuqan’s Letter

Primacy of Views I: The Karnataka Lokayukta Act

Justice Chandrashekaraiah (Retd.) v. Janekere C. Krishna, (2013) 3 SCC 117 held, views expressed by Chief Justice of High Court of Karnataka have no ‘primacy’ in process of appointment of Lokayukta or Upa Lokayukta by Governor of Karnataka. High Court was of view, since Order passed by Governor of Karnataka, appointing Justice Chandrashekaraiah as an […]

The Last Word

A Diversion for Lawyers and Others