An Arbitrator’s Construction of Contract

It is well settled, construction of terms of a contract is primarily for an Arbitrator to decide. He is entitled to take a view, which he holds to be correct one after considering material before him and after interpreting provisions of contract. Court while considering challenge to an Arbitral Award does not sit in appeal […]

Monsters-in-Law I

“If a spouse abuses the other as being born from a prostitute, this cannot be termed as ‘wear and tear’ of family life. Summoning the police on false or flimsy grounds cannot also be similarly viewed. Making it impossible for any close relatives to visit or reside in the matrimonial home would also indubitably result […]

In Re: Nick Robinson

“For a long time I’ve wanted to compile a list of films about the Indian judicial system (I must admit I’ve watched very few). If people have any such lists they would like to share in the comment section I would love to hear about them. If there is enough of a response I’ll then […]

The Plea of Limitation III: Causes of Justice I

“A series of decisions of this Court have clearly held that The Limitation Act, 1963 applies only to Courts and does not apply to Quasi-Judicial Bodies [See, (1976) 4 SCC 634]. There is authority for the proposition that even where Section 14 of The Limitation Act may not apply, the principles on which Section 14 is […]

The Dark Knight

42 answers to “Ultimate Question of Life, the Universe, and Everything”. 42 years ago, on 24.04.1973, two events changed India: Birth of Sachin Tendulkar and “Pronouncement of ‘View of the Majority’ in Kesavananda“. Kesavananda Bench of 13 Judges was composed of CJ Sikri, Justices J.M. Shelat, K.S. Hegde, A.N. Grover, A.N. Ray, P. Jaganmohan Reddy, D.G. […]

The Plea of Limitation II: Article 192 of The Constitution

“Unfortunately, there is no period of limitation prescribed by law within which a person aggrieved by the decision of the Governor under Article 192 can approach the High Court. Until such law is made, we deem it appropriate to hold that any person aggrieved by a decision of the Governor under Article 192 must approach the High […]

The ‘Far Outweigh’ Standard in Recovery from Employees I

“Orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover.” In the following few situations, recoveries by the employers, would […]

The Plea of Limitation I: Section 9A of The Code of Civil Procedure, 1908

Section 9A of The Code of Civil Procedure, 1908 is a State Amendment to The Code, inserted by Section 3 of The Maharashtra Act No. 65/1977. Section 9A is mandatory in nature. It mandates the Court to decide the jurisdiction of the Court before proceeding with a suit and granting interim relief by way of injunction. In Kamalakar Eknath Salunkhe v. […]

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? […]

The Last Word

A Diversion for Lawyers and Others