Architectural, Not Episodic
Viewed cumulatively, record does not support, ‘innocent incarceration’ without any contribution to delay. The appropriate constitutional response, at this stage, lies in ensuring vigilant oversight of...
View ArticleDilatory Arbitrators
Learned Arbitrator reserved his Arbitral Award on 28.07.2012 but pronounced it only on 16.03.2016. Significantly, no explanation worth the name was offered by him for the delay. Passage of time...
View ArticleClik here to view.
The Plea of Limitation XIX: Delays of Adjacent Slums
A limitation provision in stamp law (to seek refund of stamp duty) should not be enforced so as to oust remedy when an applicant is otherwise not blameworthy [Bano Saiyed Parwaz v. Chief Controlling...
View ArticleJustice Dr. D.Y. Chandrachud’s Tenure
Hon’ble Justice J.B. Pardiwala described, ‘tenure’ is derived from Latin: ‘tenere’, which means ‘to hold’.”[1] In a ‘tenure’ what does one even ‘hold’ considering Hon’ble Justice Dr. D.Y. Chandrachud...
View ArticlePreventive Detention Statute VI
There can be no doubt, it is not necessary to furnish copies of each and every document to which a casual or passing reference may be made in narration of facts and which are not relied upon by...
View ArticleAssessment of Statute
For over 50 yrs., High Court has been disposing of Writ Petitions raising claims or challenges to exercise of powers or dereliction of duties under The Maharashtra Slum Areas (Improvement, Clearance...
View ArticleSection 34(3) of The Arbitration Act III
Arbitral Award made by Arbitral Tribunal on 30th June, 2022 was served on same day. In view of Section 12(1) of The Limitation Act, 1963, 30th June, 2022 will have to be excluded while computing...
View ArticleCondonation of Delay XII: 12 Y 158 D
This litigation between parties started sometime in 1981. We are in 2024. Almost 43 years have elapsed. It would be a mockery of justice if we condone a delay of 12 years and 158 days. We are of view,...
View ArticleSection 34(3) of The Arbitration Act II
Arbitral Process is strictly conditioned upon time limitation. This Court in P. Radha Bai v. P. Ashok Kumar, (2019) 13 SCC 445 observed: “Section 34(3) reflects the principle of unbreakability....
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 ArticleRandom Collectibles of Justice M.R. Shah at Supreme Court
02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of...
View ArticleFurther Investigation
Hasanbhai Valibhai Qureshi v. State of Gujarat, (2004) 5 SCC 347 observed, mere fact of further delay in concluding trial should not stand in way of ‘further investigation’ if it would help Court do...
View ArticleReview of Death Penalty XXXIII
Division Bench of High Court of Madhya Pradesh affirmed Death Sentence awarded by Trial Court. We do not find any reason to doubt correctness of birth certificate. Appellant is held to be less than 16...
View ArticleUnchartered Ocean of Policy Decision V / The Demonetization Recommendation
Shri P. Chidambaram submits, result of demonetization was disastrous. But, if Notification No. 3407(E) [08.11.2016] had a nexus with objectives to be achieved, Notification No. 3407(E) [08.11.2016]...
View ArticleReview of Death Penalty XXXII
Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1 quoted in Ajay Kumar Pal v. Union of India, (2015) 2 SCC 478 had laid down, undue long delay in execution of Death Sentence would entitle prayer of...
View ArticlePreventive Detention Statute IV
Ashok Kumar v. Delhi Administration, (1982) 2 SCC 403: Preventive Detention is devised to afford protection to society. Sk. Nizamuddin v. State of West Bengal, (1975) 3 SCC 395: if there is any delay...
View ArticleReferred to Larger Bench XXXI: Two Sets of Three-Judge Benches
There exists a clear conflict. It is necessary to have clarity. _____ Same-Day Sentencing in a Capital Offence violates Principles of Natural Justice and is opposed to Section 235(2) of The Code of...
View ArticlePreventive Detention Statute III
The distinction between a disturbance to ‘law and order’ and a disturbance to ‘public order’ has been clearly settled by a Constitution Bench in Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740....
View ArticleRight to Property
While right to property is no longer a fundamental right [The Constitution (Forty Fourth Amendment) Act, 1978], right against deprivation of property, unless in accordance with procedure established...
View ArticleReferred to Larger Bench XXVII: The Drastic Power of Rejecting a Plaint IV
A party should not be penalized for failing to adopt legal proceedings when facts or documents have been wilfully concealed from him. A party who had acted fraudulently should not be given benefit of...
View Article
![ONEW – KAKERA -Unmei no Piece- – EP [iTunes Plus M4A]](http://is1-ssl.mzstatic.com/image/thumb/Music221/v4/d0/fb/86/d0fb86a5-ba60-4bea-41fb-7f54c125f518/VEATP-45908.jpg/296x296bb.webp)
/pic9814888.png)
