Columns

Justice DY Chandrachud’s Farewell: A Trailblazer in Judicial History

November 21, 2024 / By

Justice D.Y. Chandrachud demitted office as the Chief Justice of India on November 8, 2024. Elevated to the Supreme Court in 2016, he has been an integral part of the judiciary, delivering 600 judgments and participating in 1,726 benches during his tenure. Known for his empathetic approach to justice, unwavering commitment to individual rights, and …

Justice DY Chandrachud’s Farewell: A Trailblazer in Judicial History Read More »

West Bengal’s Aparajitha Bill Moots Mandatory Death Penalty For Convicts In Rape & Murder Case ! Is It Constitutional?

September 4, 2024 / By

The West Bengal Legislative assembly passed Aparajita Woman and Child Bill, 2024 today. Section 66, as amended by Section 6 of the Aparajitha Bill, will read as follows: 66. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the course of such commission inflicts an injury which causes the …

West Bengal’s Aparajitha Bill Moots Mandatory Death Penalty For Convicts In Rape & Murder Case ! Is It Constitutional? Read More »

Questions & Answers Based On Supreme Court Judgments Of August 2024 [CrPC]

September 2, 2024 / By

Can FIR be quashed after filing of chargesheet? Code Of Criminal Procedure,1973; Section 482 -Whether quashing of the FIR can be refused for no other reason than that the investigating officer has filed the charge-sheet? High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) …

Questions & Answers Based On Supreme Court Judgments Of August 2024 [CrPC] Read More »

‘Read Between The Lines’ Principle Of Quashing Criminal Cases U/S 482 CrPC

May 3, 2024 / By

The Supreme Court, in its judgment delivered today in Achin Gupta vs State Of Haryana 2024 INSC 369, while quashing an FIR registered under Section 498A IPC reiterated its ‘read between the lines’ principle of quashing criminal proceedings. Last year, in Mahmood Ali & Ors. v. State of U.P, it was observed thus: When an …

‘Read Between The Lines’ Principle Of Quashing Criminal Cases U/S 482 CrPC Read More »

Much Ado About Ceremony: Supreme Court Judgment In Dolly Rani vs Manish Kumar Chanchal

May 2, 2024 / By

The Supreme Court, in Dolly Rani vs Manish Kumar Chanchal 2024 INSC 355, held that for a valid marriage under the Hindu Marriage Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arises. The Court observed that though the parties may have …

Much Ado About Ceremony: Supreme Court Judgment In Dolly Rani vs Manish Kumar Chanchal Read More »

DMRC vs DAMEPL: A Classic Case Of Flip Flop Interference By Indian Courts With Arbitration Awards

April 13, 2024 / By

In its judgment delivered allowing the curative petition filed by Delhi Metro Rail Corporation, the Supreme Court cautioned itself that its curative jurisdiction should not be adopted as a matter of ordinary course. “The curative jurisdiction should not be used to open the floodgates and create a fourth or fifth stage of court intervention in …

DMRC vs DAMEPL: A Classic Case Of Flip Flop Interference By Indian Courts With Arbitration Awards Read More »

Sections 143A and 148 NI Act – Retrospective Or Not? Mandatory Or Directory?

March 16, 2024 / By

Section 143A – Not Retrospective – Directory Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book.  [G. J. Raja vs Tejraj …

Sections 143A and 148 NI Act – Retrospective Or Not? Mandatory Or Directory? Read More »

Arbitral Award Can Be Set Aside; But Can It Be Modified?

February 27, 2024 / By

Can a court modify an Arbitration Award invoking its powers under Section 34 or 37 of the Arbitration and Concilitation Act? Last week, on 20 February 2024, a three judges bench comprising Justices Dipankar Datta, KV Viswanathan and Sandeep Mehta noted (in Gayatri Balasamy vs ISG Novasoft Technologies Limited) that this issue is of seminal …

Arbitral Award Can Be Set Aside; But Can It Be Modified? Read More »

Moral Of Bilkis Bano Case: Supreme Court Should Respect Its Own Precedents

January 15, 2024 / By

 Article 141 of the Constitution of India states that the law declared by the Supreme Court shall be binding on all courts within the territory of India.  Does it bind the Supreme Court itself ? In Bengal Immunity Company Limited vs State of Bihar [1955] 2 SCR 603, the Supreme Court held that it is …

Moral Of Bilkis Bano Case: Supreme Court Should Respect Its Own Precedents Read More »