Non Est Factum
The plea of non est factum basically means, ‘it is not my deed’. In Re: Saunders v Anglia Building Society, (1970) 3 ALL ER 961. A. The person pleading non est factum must belong to “class of persons,...
View ArticleClik here to view.
Preventive Detention Statute V
Learned Counsel has placed strong reliance on Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722. We may say with profound respect, Cherukuri Mani does not lay down...
View ArticleTest Identification Parade
We are conscious, M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 came to be overruled in K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1. M.P. Sharma had observed, privacy is not a right guaranteed...
View ArticleSlight Divergence of Russell and Gary Born
Court did not, in Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd., 2021 (1) SCR 1135 direct, a Dissenting Opinion to be treated as an Award. This approach is correct....
View ArticleLanguage of Courts
Government of Madhya Pradesh, in excercise of power under Section 272, CrPC, on 28.03.1974, declared Hindi to be language of each Court in State except High Court. There is no such requirement laid...
View ArticleReview of Death Penalty XXXVIII
Our mind got clouded with suspicion. We noticed few very serious lapses. High Court completely forgot, there was juvenile-Pritam Tiwari. As per witnesses, it was Pritam Tiwari who had come. Also,...
View ArticleContempt Jurisdiction XI
The object of discipline enforced in case of ‘Contempt of Court’ is to prevent undue interference with administration of justice. To establish ‘Contempt of Court’, it is sufficient to prove, conduct...
View ArticleHudson, Emden, Eichleay
McDermott International Inc. v. Burn Standard Company Limited, (2006) 11 SCC 181 has referred to various methods of computation of damages. In particular, reference has been made to Hudson’s formula,...
View ArticlePardon Jurisprudence III
Regardless of arithmetical inconsistencies, it is not contested, Joseph has completed over 26 years of actual imprisonment. The latitude Constitution gives to Executive, under Articles 72 and 162, in...
View ArticleMedical Negligence and Consumer Law IV
Court cannot be oblivious of times when a warlike situation prevailed. It cannot also ignore or be blind to certain realities. In opinion of this Court, rather casual and superficial attention was...
View ArticleDisciplinary Proceedings IX
P. Zadenga was employed in State Bank of India, Dawrpui Branch, Aizawl. He was a delinquent employee and contended, disciplinary proceedings should be either dropped or closed since criminal cases,...
View ArticleGrounds of Arrest
The finer connotations and nuances of Section 19 of The Prevention of Money-Laundering Act, 2002, left uncharted by this Court in Vijay Madanlal Choudhary, 2022 (10) SCALE 577, were still open to...
View ArticleSection 50 of The NDPS Act
State of Punjab v. Baldev Singh, (1999) 6 SCC 172 stated, Section 50 will come into play only in case of personal searches and not of bags. State of Himachal Pradesh v. Pawan Kumar, (2005) 4 SCC 350...
View ArticleClik here to view.
Condonation of Delay XI: 479
Court has stepped in to ensure, substantive rights of private parties and State are not defeated simply due to technical considerations of delay. However, exercise of discretion must necessarily...
View ArticleDisjunctive, Conjunctive III
Utkal Contractors & Joinery (P) Ltd. v. State of Orissa, (1987) 3 SCC 279 lucidly explained, “It is again important to remember, Parliament does not waste its breath unnecessarily. Just as...
View ArticleClik here to view.
The Fundamental Right to Marry
Supriyo @ Surpiya Chakraborty v. UoI Writ Petition (Civil) No. 1011 of 2022 My Lord, LGBTQ persons have a right to marry a person of their choice regardless of religion, gender and sexual orientation?...
View ArticleReview of Death Penalty XXXIX
The trial was conducted in a hurried manner without providing ample and proper opportunity. Bashira v. State of U.P., AIR 1968 SC 1313 had a matter remitted back to Sessions Court because trial was...
View ArticleClik here to view.
Stags and Whiskey
According to Defendants, in olden times, hunting was a favoured sport and when setting out to hunt, whisky was often carried. ‘Stags’ were among animals which were favourites. Both are an integral...
View ArticleClik here to view.
The Nature of Judicial Power: Chief Justice of India No. 59
Hon’ble JusticeParent High CourtD.O.B.Dr. D.Y. Chandrachud*Bombay11.11.1959S.K. Kaul**Delhi26.12.1958S. Khanna*Delhi14.05.1960B.R. Gavai*Bombay24.11.1960S. Kant*P&H10.02.1962A....
View ArticleClik here to view.
The Rules of The Game Principle VIII
One issue in Bank of India v. Aarya K. Babu, (2019) 8 SCC 587 was, whether a particular educational qualification made eligible after issue of recruitment notification could have been considered for...
View Article
