Condonation of Delay I: 230

It is interesting, a 230-day delay before National Disputes Redressal Commission stood condoned in Central Bank of India v. Jagbir Singh, [Civil Appeal 3645 of 2015]. The concerned Central Bank of India is situated in a remote village and 230 are the number of days it may take in receiving a permission to file a […]

Today Homes and Infrastructure Pvt. Ltd.

My Lord, Paragraphs 13 & 14 in Today Homes and Infrastructure Pvt. Ltd. v. Ludhiana Improvement Trust, (2014) 5 SCC 68? “We are not concerned with the said issue as to whether what was held in Paragraph 13 of Today Homes and Infrastructure Pvt. Ltd. was correct or not when it makes reference to the […]

Zim Djibouti

On 27.07.2013, 480 drums of Butanone (CH₃CCH₂CH₃) were dispatched from Taiwan by vessel Zim Djibouti, with the port of destination shown as Nhava Seva Port, India. Butanone is a drug percusor, i.e., a substance that can be used to make illicit drugs. Is there an express prohibition on import of a controlled substance, pending grant […]

Findings of an Arbitrator

“The soul of every adjudicatory process is the recording of reasons.” It indicates a ‘disclosure of mind‘, which in turn demonstrates an ‘application of mind‘. In Raipur Development, (1989) 2 SCC 721 however, the SC held that a Non-Speaking Arbitral Award cannot be set aside except in cases where the parties stipulate that the Arbitrator […]

Lalita Kumari II

“As per law enunciated in Lalita Kumari v. Govt. of Uttar Pradesh, (2014) 2 SCC 1 registration of FIR is mandatory under Section 154, if information discloses commission of a cognizable offence and Police Officers are duty bound to register same.” 3 Judge Bench, In Re: Indian Woman Gang-Raped, (2014) 4 SCC 786. “Thus, this […]

Recusants

The principle of ‘real likelihood of bias‘ has now taken a tilt to ‘real danger of bias’ and ‘suspicion of bias’ [(2004) 8 SCC 788]. Theatrics of Learned Senior Counsels? “Difficult to say for sure. But deep within, don’t we all understand” [(2014) 8 SCC 470]. No one can suppose, Hon’ble Justice Dave could be, […]

Referred to Larger Bench III: The Chalta Hai Attitude

In (2014) 6 SCC 173, Hon’ble Justice T.S. Thakur observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies.” The man in question is Mr. Sushil Ansal. On 07.08.2011, Mr. Ansal had his book “Brick by Brick” unveiled by Maharaja Gaj Singh of Jodhpur at a glittering ceremony held at Rambagh Palace, Jaipur. […]

Masterly Concubinage I

Yajnavalkya Smriti classifies concubines into two types: (1) Avaruddha and (2) Bhujasya. An Avaruddha Stree operates under an injunction to stay at the master’s home whereas a Bhujasya is not kept in the house but elsewhere. There is some protection for an Avaruddha Stree in modern India. There is a presumption in favor of a […]

A “Means and Includes” Definition II

“As has been stated by us above, ‘means’ ‘and includes’ is a legislative device by which the ‘includes’ part brings by way of extension various persons, categories, or things which would not otherwise have been included in the ‘means’ part. If this is so, obviously both parts cannot be read conjunctively. What is in the […]

Lalita Kumari I

There had been divergent judicial opinions on the issue whether a Police Officer is bound to register a FIR upon receiving any information relating to a commission of a cognizable offence. While some opinions granted the Police Officer the latitude of conducting a preliminary inquiry to test the veracity of the information received, some others […]

Section 499, Indian Penal Code I

Can a truly blasphemous libel escape criminal action? Former Hon’ble Chief Justice of India A.S. Anand was attacked once as regards his true age. Mr. Ram Jethmalani had no little role to play in that debate. Shall SC feel safe for itself, even if it does for all else? This one shall stand Referred to […]

Referred to Larger Bench II (Answered): Suits of Borrower Against Banks

It is always interesting to note References to a Larger Bench, ones especially made on account of ‘difference’ of opinions amongst Equal Bench Strengths. Eventually, it is flocculation of law of the land; per incuriam decisions stand filtered, retaining still its historical significance. Which SC Judge is known to have scripted, most number of per incuriam decisions? […]

Justice Dattu v. Justice Joseph

Records seem to indicate, in 2006, No. 13 was skipped while assigning numbers to Courtrooms in a newly inaugurated Kerala High Court Complex. One Mr. N.K. Chandramohan filed Writ Petition No. 4268 of 2006 wherein it was alleged, Triskaidekaphobia had arisen out of a belief: ‘Guest 13’ at ‘Last Supper’ was Judas and such a […]

Judges and Astrology II

45 have served the Nation as Chief Justice of India. First was a November born. Present one is an October born. Of the 45, 23 CJIs were born in October/November/December/January. 22 others are spread over remaining 8 months. 4 special months thus account for 51% of CJIs, India has witnessed. Notably, next CJI was born […]

Misra J I

Recently, Sophocles has found a place in a Judgment authored by Hon’ble Justice Dipak Misra [State of Punjab v. Saurabh Bakshi, Criminal Appeal No. 520 of 2015]. Sophocles has never been quoted before, though Euripides was mentioned once [(1985) 3 SCC 398]. The Iyeresque style of Justice Misra is undeniable and I have commented on […]

Guesses & Conjectures I

August Bench of Hon’ble Judges A.K. Ganguly and Swatanter Kumar [Trishala Jain v. State of Uttaranchal, (2011) 6 SCC 47] once held: “guess as understood in its common parlance is an estimate without any specific information while calculations are always made with reference to specific data; guesstimate is an estimate based on a mixture of […]

Dr. Dang

If you live in New Delhi and if you find yourself approaching the Hauz Khas Market, you would surely notice Dr. Dang’s Lab/Dr. Dang’s Diagnostic Centre at the corner of the road. It has at least caught my attention several times. No can one forget the face-off between Dilip Kumar and Anupam Kher in the […]

Market Place of Ideas

There can be no quarrel about Supreme Court’s competence to quash criminal proceedings pending before Subordinate Courts. However, this power must be exercised sparingly and with circumspection. In S. Khushboo v. Kanniamal, (2010) 5 SCC 600 Supreme Court quashed several criminal proceedings initiated against actress Khushboo for comments she had made on pre-marital sex. Hon’ble […]

The Doctrine of Legitimate Expectation I

An aggrieved person is entitled to judicial review if he can show that a decision of the public authority deprives him of some benefit or advantage which in the past he had been permitted to enjoy and which he legitimately expected to be permitted to continue to enjoy until he was given reasons for withdrawal […]

Referred to Larger Bench I: The Rules of The Game Principle

In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao, (2001) 10 SCC 51 a Two-Judge Bench [Babu and Raju JJ] held, “the rules of the game, meaning thereby the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process of selection has commenced.” In K. Manjusree, (2008) 3 SCC 512 […]

The Last Word

A Diversion for Lawyers and Others