Powers of Review of NCDRC

Consumer Tribunals are creatures of a statute and derive their power from the express provisions of that statute. It is now settled law that District Consumer Forums and State Commissions have no power to recall or review their own orders [(2011) 9 SCC 541]. There is no provision in The Consumer Protection Act, 1986 granting […]

Section 19 of The Consumer Protection Act, 1986

As per the Second Proviso to Section 19 of The Consumer Protection Act, 1986, no appeal by a person, who is required to pay any amount in terms of an order of a State Consumer Disputes Redressal Commission, shall be entertained by the National Consumer Disputes Redressal Commission unless the appellant deposits, in the prescribed […]

Thika Tenancy II

The Battle Royale between Mr. Jaideep Gupta and Mr. Harish Salve on “Thika Tenancy Laws” now stands concluded in Mr. Gupta’s favour. Congratulations, Sir. I saw it all. In Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 – Respondents, led by Mr. Salve, contended, under The Calcutta Thika Tenancy Act, 1949, by […]

Writ Against Order of Tribunals II

My Lord, Is a Writ Application maintainable against an Order of West Bengal Land Reforms and Tenancy Tribunal, refusing to initiate Contempt Proceedings against an Authority arrayed as a Respondent before the Tribunal? Yes. “Such a pristine question of law does not require any reference to the facts… We are unable to agree with the […]

DNA Tests: The Divide Between Science and Morality

“Case to Case Basis” is a grand excuse. In Ramkanya Bai v. Bharatram, (2010) 1 SCC 85 Hon’ble Justice Tarun Chatterjee rejected the application for a DNA test to be performed on the child of the Appellant-Wife. One fact that validated that rejection was the Respondent-Husband had made the paternity of the child a ‘prestige […]

Implied Exclusion of Part I of the Arbitration Act I

Hon’ble Justice Dipak Misra, while attempting to clear a ‘maze’ has perhaps created yet another in Harmony Innovation Shipping Limited v. Gupta Coal India Limited, [Civil Appeal No. 610 of 2015] . From the many Post-Bhatia cases dealing with implied exclusion, only two propositions became relatively well-established: (1) the choice of a foreign proper law, in […]

Article 136 and Criminal Appeals I

“It is essential to address the issue of propriety and the conceptual parameters or conceptions based on well-accepted norms and paradigms to exercise the power of this Court under Article 136 of the Constitution. In Arunachalam v. P.S.R. Sadhanatha, (1979) 2 SCC 297 it has been expressed thus: “The power is plenary in the sense that […]

The “First Strike” in Child Custody Battles I

In Surya Vadanan v. State of Tamil Nadu, [Criminal Appeal No. 395 of 2015] the custody of two minor girls, both British citizens, was in question. Following intense matrimonial discords, the mother had left U.K. and had come to India with her two daughters. She also instituted a proceeding in the Family Court at Coimbatore […]

In Re: Apar Gupta

Apar Gupta’s Post ______ It is easy to write about M.L. Sharma, easier to dismiss him. I invite you to fight, Apar, someone more suitable to your intelligence and passion: Mr. Ram Jethmalani. Ram Jethmalani’s interview with Karan Thapar is still not forgotten history. Mr. Jethmalani had said, “I will not do anything… but everything […]

Euclid’s Theorem I

Oft-Repeated Statement, Supreme Court Judges: “STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM“. Theorem of Euclid not purposively imagined? A strange notion has been harbored all these years that mathematics is purely mechanical. Euclid’s Theorem: “THERE ARE INFINITELY MANY PRIMES”. Without a […]

Journalism/Voyeurism

1999, Assassin Films produced “East is East“, commended as Best British Film at BAFTA Awards. Their recent production, “India’s Daugther”, has received much criticism. East is East. Theodore Bundy’s credentials as a criminal are shocking. Stephen G. Michaud and Hugh Aynesworth received requisite permission to interview him. I do not credit Reporters/Investigators/Politicians with the foresight, years […]

Bull in a China Shop

Only recently in Jacky v. Antony, (2014) 6 SCC 508 it was decided, “in no case, power under Article 226 can be exercised to question a plaint.” In Radhey Shyam v. Chabbi Nath, [Civil Appeal No. 2548 of 2009] it has been further held, “Judicial Orders of a Civil Court are not amenable to Writ […]

A Review of “Red Handed: 20 Criminal Cases That Shook India”

The objective, authored by Souvik Bhadra and Pingal Khan and published by Rupa Publications, appeals to those who are fond of trivia. They have done well to avoid the temptation of being verbose. On the downside, it lacks the forceful, biting insight that I was hoping to find. These facts one shall be happy to […]

‘Settled’ Principles of Interpretation

Hon’ble Justice Nariman has the penchant for stating what is ‘settled’. Sitting Judges have something to learn from the confidence of his authorship. “It is well settled that the provisions of a statute must be read harmoniously together.” “However, if this is not possible then it is settled law that where there is a conflict […]

Section 11(6) of the Arbitration Act II

“Even if the Arbitration Agreement was to specifically provide for any particular qualification(s) of an Arbitrator the same would not denude the power of Court, acting under Section 11(6), in an appropriate case, to depart there from. In Singh Builders Syndicate, (2009) 4 SCC 523 pendency of Arbitration proceedings for over a decade was found […]

Section 37 of The NDPS Act I

The Narcotic Drugs and Psychotropic Substances Act, 1985 is to “consolidate and amend the law relating to narcotic drugs and to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances et cetera…” [See, Narcotics Control Bureau vs. Kishan Lal, (1991) 1 SCC 705]. Section 37 has been […]

Section 8 of the Arbitration Act I

“Once there is an agreement between the parties to refer the disputes or differences arising out of the agreement to Arbitration, and in case either party, ignoring the terms of the agreement, approaches the Civil Court and the other party, in terms of the Section 8 of The Arbitration Act, moves the Court for referring […]

The Guardian

After referring to the Black’s Law Dictionary; The Guardians & Wards Act, 1890; The Hindu Minority and Guardianship Act, 1956; The Tamil Nadu Elementary Education Act, 1994 & The Juvenile Justice (Care & Protection) Act, 2000. “Guardianship postulates control over both the person as well as the assets of a minor or of one and […]

Alienation of Affection III

It is increasingly evident, mere fact of an “illicit affair” is not “cruelty” within the meaning of the first limb of Section 498A of The Indian Penal Code, 1860. While discussing Alienation of Affection Tort Actions, I had mentioned Pinakin Rawal v. State of Gujarat, (2013) 10 SCC 48, a lesser known Judgment authored by […]

Section 11(6) of the Arbitration Act I : Attorney General’s Submissions Rejected

While it is correct that after the appointment of an Arbitrator is made, the remedy of the aggrieved party is not under Section 11(6) of The Arbitration and Conciliation Act, 1996 but such remedy lies elsewhere and under different provisions of the Act [Sections 12, 13], the context in which the aforesaid view is usually […]

The Last Word

A Diversion for Lawyers and Others