The Rules of The Game Principle IX
Himachal Pradesh Public Service Commission invited applications from eligible candidates against 8 vacancies for a post of Civil Judge (Junior Division) in Himachal Pradesh Judicial Service. Out of...
View ArticleAnticipatory Bail III
There can be no presumption, wealthy and mighty will submit themselves to trial and humble and poor will run away from course of justice. In this case, we are concerned with what is loosely termed as...
View ArticleClaim of Juvenility VII
Since, at commencement of 2015 Act, proceedings were pending before High Court, Section 25 of 2015 Act would be attracted [Satya Deo v. State of Uttar Pradesh, (2020) 10 SCC 555]. It would mean, The...
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Minakshi Bala, (1994) 4 SCC 142
A case for interference has been made out. The symbol for Indian National Rupee symbol [₹] was not in existence when purported ‘Memorandum of Agreement of Tenancy’ was signed. Minakshi Bala v Sudhir...
View ArticleScheduled Offences
Learned Senior Counsel, Ms. Meenakshi Arora contended, Section 120B of IPC alone, in absence of any other scheduled offence, cannot sustain a charge under The Prevention of Money-Laundering Act,...
View ArticleReferred to Larger Bench XXVIII Answered: Chloro Controls
Vladimir Nabokov and T.S. Elliot eulogized Ulysses as a divine work of art. Virginia Woolf and Aldous Huxley criticized Ulysses for being technical and boring. It is celebrated by some, reviled by...
View ArticleReferred to Larger Bench XXV Answered Again: Doctrine of Separability of...
Curative Petition (C) No. 44 of 2023 Review Petition (C) No. 704 of 2021 Civil Appeal No. 1599 of 2020 _____ Approach of Majority in N.N. Global 2 would render unstamped agreements void ab initio and...
View ArticleThe Nature of Judicial Power: Justice Dipankar Datta’s Definitive Dissent
It is essential to emphasize, while Afjal did not enumerate any material facts regarding ‘irreversible consequences’, High Courts or Supreme Court are well empowered to take judicial notice of...
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Adani Group of Companies
‘Acceptance of a Brief by a Lawyer’ in 2007 cannot be construed to reflect ‘bias’ or even a ‘likelihood of bias’ in 2023. There is an absence of proximity both in terms of time and subject matter....
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Accused No. 37, Mastermind Naidu
Case of State against Nara Chandrababu Naidu is, Naidu was a mastermind. Learned Senior Advocate, Mr. Mukul Rohtagi argued, since, at time of commission of offence, protective shield of Section 17A of...
View ArticleDisclosure
At this stage, we deem it necessary to expound on the meaning of ‘disclosure’. As per P. Ramanatha Aiyar, ‘to disclose’ is to expose to view or knowledge, anything which before was secret, hidden or...
View ArticleDefault Bail V
There cannot be any disagreement, right of default bail under Section 167(2), Cr.P.C. is not only a statutory right but is a right that flows from Article 21. Once from material produced along with a...
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Forfeiture in Public Auctions
Learned Senior Counsel, Dr. S. Muralidhar vehemently submitted no error could be said to have been committed by High Court. We set aside. Harshness of a provision is no reason to ‘read down’ same....
View ArticleGurwinder’s Bail
On 19.10.2018, secret information was received about 2 hanging cloth banners, on which Khalistan Jindabad and Khalistan Referendum 2020 was written, at Pillars Kot Mit Singh Flyover, Amritsar....
View ArticlePrinciple of Generality v. Enumeration
Where a statute confers particular powers without prejudice to generality of a general power already conferred, those particular powers are only illustrative of the general power and do not in any way...
View ArticleDeep Association of Money and Politics
The fear of reprisal and vindictiveness does not evaporate. The so-called protection exists only on paper. – Hon’ble Justice Sanjiv Khanna, Association for Democratic Reforms v. Union of India, [Writ...
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The Rules of The Game Principle X
Pt. Deendayal Upadhyaya Institute for Physically Handicapped called for appointment of Primary School Teachers and reserved a right to evaluate, review its process of selection at any stage. This one...
View ArticleThe Little Pencil
Ensuring a free and fair electoral process is imperative to maintain legitimacy of trust in a representative democracy. Kuldeep Kumar is declared to be validly elected as Mayor of Chandigarh Municipal...
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Curative Jurisprudence
Registrar: “Curative Petitions filed were heard and disposed of in an Open Court. In this regard, Rule 2(1), Order XLVIII, S.C.R., 2O13 reads: Petitioner, in Curative Petition, shall aver...
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Illegal Gratification IV
Duality of Sir Amitabh in Shahenshah, (1998) as a Corrupt-Comic Police Officer and a Costumed Crime-Buster compelled many to wonder, what did Sir Amitabh do with his illegal gratifications? No matter...
View ArticleClaim of Juvenility VIII
The procedure provided under Sections 15 and 19 of JJ Act, 2015 has been held to be ‘mandatory’ by this Court in Ajeet Gurjar v. State of Madhya Pradesh, 2023 SCC Online SC 1255. Court held, ‘may’ in...
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Referred to Larger Bench XXXVI: Principles of Natural Justice X
Chief Justice Sabyasachi Mukharji in Charan Lal Sahu v. Union of India, (1990) 1 SCC 613 felicitously described, “Principles of Natural Justice are fundamental… no man or no man’s right should be...
View ArticleDisobedience of Section 83(1)(a) of RP Act, 1951
A ‘corrupt practice’ is easy to level but difficult to prove. No allegation would fall within definition of ‘corrupt practice’ of ‘undue influence’ as envisaged in Section 123(2) of The Representation...
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The Case of Three Vehicles
Karikho Kri-Independent, Dr. Mohesh Chai-Bharatiya Janata Party and Nuney Tayang-Indian National Congress contested from 44 Tezu (ST) Assembly on 11.04.2019. Karikho Kri emerged victorious with 7538...
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Promotional Trailers
A ‘service’ involving ‘art’ necessarily involves ‘freedom and discretion in presentation’. Before release of ‘Fan‘ in 2016, Yash Raj Films Private Limited circulated a ‘promotional trailer’, both on...
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