The Little Pencil
The Last Word
by Rudrajyoti Nath Ray
5h ago
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 Corporation. We echo observations by Justice VR Krishna Iyer in Mohinder Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405. “At the bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper.” – Hon’ble Chief Justice of India, Hon’ble Justice Dr. D.Y. Chandrachud, Kuldeep Kumar v. U.T. Cha ..read more
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The Rules of The Game Principle X
The Last Word
by Rudrajyoti Nath Ray
5h ago
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 is a classic case of arbitrary action. While primary duty of Constitutional Courts remains control of power, including setting aside of illegal or arbitrary actions, such measures may not singularly address repercussions of abuse of power. It is equally incumbent upon Courts, as a secondary measure, to address injurious consequences arising from arbitrary and illegal actions. We appreciate&nb ..read more
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Deep Association of Money and Politics
The Last Word
by Rudrajyoti Nath Ray
1w ago
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 Petition (Civil) No. 880 of 2017]. Constitution guarantees a right to informational privacy of political affiliation. Can such right be extended to contributions to political parties? To not grant an umbrella of informational privacy to political contributions only because a portion of contributions is made for other reasons would be impermissible. Constitution does not turn a blind eye merely bec ..read more
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Principle of Generality v. Enumeration
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by Rudrajyoti Nath Ray
2w ago
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 restrict the general power. However, the general power cannot be so exercised as to bring into existence ‘substantive rights or obligations or disabilities’ not contemplated. If ‘specific topics’ are not explicitly listed in a statute, formulation of Rules can be justified provided it stays within overall scope of the Act [King Emperor v. Sibnath Banerji, AIR 1945 PC 156; Afzal Ullah v. State of ..read more
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Gurwinder’s Bail
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by Rudrajyoti Nath Ray
2w ago
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. Language of bail limitation adopted in Section 43D(5) of The Unlawful Activities (Prevention) Act, 1967 remains unique. Courts are burdened with a sensitive task. Call Detail Records unveils a consistent pattern of communication even prior to trip to Srinagar for procurement of weapons. Appeal fails. – Hon’ble Justice Aravind Kumar, Gurwinder Singh v. State of Punjab, [Criminal Appeal No. 704 of 2024 ..read more
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Product-by-Process Claim
The Last Word
by Rudrajyoti Nath Ray
2w ago
A product-by-process claim is permitted where it is found, it would be difficult to define a product with reference to its structural features. It is acceptance of this facet of such claims which constitutes point of origin of product-by-process claims. For assessing novelty one must disregard the process terms and discern whether the product possesses novelty. We are reminded, a product is not rendered novel merely by virtue of it being produced by a new process. In case of a product-by-process claim, it is the novelty of a product which must be established shorn of the process terms accompan ..read more
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Forfeiture in Public Auctions
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by Rudrajyoti Nath Ray
2w ago
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. _____ Privy Council in Kunwar Chiranjit Singh v. Har Swarup, (1926) 23 LW 172 was referred to and relied upon by High Court of Bombay in Dinanath Damodar Kale v. Malvi Mody Ranchhoddas, AIR 1930 BOM 213. We would like to refer to Stockloser v. Johnson, (1954) 1 All ER 630 and particularly to observations of Denning, L.J., which, if we may say so with respect, has great clarity. It is clear, forfeitur ..read more
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Earlier Clause v. Later Clause
The Last Word
by Rudrajyoti Nath Ray
3w ago
A proposition traceable to Forbes v. Git, [1922] 1 AC 2564 was approvingly taken note of by a Three-Judge Bench of this Court in Radha Sundar Dutta v. Mohd. Jahadur Rahim, AIR 1959 SC 24. “If in a deed an earlier clause is followed by a later clause which destroys altogether the obligation created by the earlier clause, the later clause is to be rejected as repugnant and the earlier clause prevails. In this case the two clauses cannot be reconciled and the earlier provision in the deed prevails over the later. Thus, if A covenants to pay $ 100 and the deed subsequently provides that he shall n ..read more
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Default Bail V
The Last Word
by Rudrajyoti Nath Ray
3w ago
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 chargesheet, Court is satisfied about commission of an offence and takes cognizance of that offence allegedly committed – it is immaterial whether further investigation in terms of Section 173(8), Cr.P.C. is pending or not. The pendency of further investigation qua other accused or production of some documents not available at time of filing of a chargesheet would not entitle a right to get defaul ..read more
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Disclosure
The Last Word
by Rudrajyoti Nath Ray
1M ago
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 concealed. The word ‘disclosure’ means to reveal, unravel or bring to notice [CIT v. Bimal Kumar Damani, (2003) 261 ITR 87 (Cal)]. The word ‘true’ qualifies a fact or averment as correct, exact, actual, genuine or honest. The word ‘full’ means complete. Therefore, the meaning of ‘full and true disclosure’ is voluntary filing of a return of income an assessee earnestly believes to be true. – Hon’ble ..read more
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