Referred to Larger Bench XXXVIII: Necessity to Arrest
The Last Word
by Rudrajyoti Nath Ray
3d ago
We are examining legality of arrest of Arvind Kejriwal on 21.03.2024. Gifford v. Kelson, (1943) 51 Man. R 120 accurately explains difference between “reasons to believe” and “suspicion”. “Suspicion” requires lower degree of satisfaction and does not amount to belief. An arrestee should be furnished “reasons to believe” to enable him to exercise his right to challenge same. An arrest under Section 19(1) of The Prevention of Money Laundering Act, 2002 cannot be exercised as per whims and fancies. It has been strenuously urged, in present case, “reasons to believe” do not mention and record “reas ..read more
Visit website
Tender Law VI
The Last Word
by Rudrajyoti Nath Ray
5d ago
State abused its position under a misconceived notion, all its actions, such as award of contracts or tenders, were nothing but a generosity which it could, at its own whims, choose to deny, alter, modify, or take away without any consequences. Law cannot afford to remain static [M.C. Mehta v. Union of India, (1987) 1 SCC 395]. ABL International Ltd. v. Export Credit Guarantee Corporation of India Ltd., (2004) 3 SCC 553 laid down and approved, relief against a State or its instrumentalities, in matters related to contractual obligations, can be sought under Writ Jurisdiction. See, Joshi Techno ..read more
Visit website
Section 34(3) of The Arbitration Act III
The Last Word
by Rudrajyoti Nath Ray
5d ago
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 limitation period. Thus, in effect, period of limitation started running on 1st July, 2022, period of limitation being of 3 months, not 90 days, ending on 30th September, 2022. “Where ‘prescribed period’ for any appeal expires on a day when Court is closed, appeal may be instituted, preferred or made on day when Court re­opens.” Between 1st October, 2022 and 30th October, 2022 (both days inclusive), Hi ..read more
Visit website
Section 37 of The Arbitration Act IV
The Last Word
by Rudrajyoti Nath Ray
5d ago
Appellate Court under Section 37 is to decide, whether jurisdiction under Section 34 has been exercised rightly or wrongly. As observed, scope of interference under Section 34 is very narrow; jurisdiction under Section 37 is narrower [UHL Power Company Limited v. State of Himachal Pradesh, (2022) 4 SCC 116]. There is no statutory embargo on Appellate Court under Section 37(1)(c) to remand. However, Appellate Court can exercise power of remand only when exceptional circumstances make a remand unavoidable. – Hon’ble Justice Abhay S. Oka, Bombay Slum Redevelopment Corporation Private Limited v. S ..read more
Visit website
Able Disable All People Together II
The Last Word
by Rudrajyoti Nath Ray
5d ago
Nachiketa Walhekar v. Central Board of Film Certification, (2018) 1 SCC 778 held, Court will be extremely slow to restrain creative works, once Board had approved exhibition. The context, intention and overall message must be considered before protection of free speech is lifted. We have heard Sanjoy Ghose, Senior Counsel and Jai Anant Dehadrai, Counsel appearing on behalf of Nipun Malhotra. The certification itself is not seriously in challenge. Nipun Malhotra has highlighted instances where certain medical conditions have been misrepresented. These include (a) misrepresentation of night blin ..read more
Visit website
Fiat Justitia Ruat Caelum, Again
The Last Word
by Rudrajyoti Nath Ray
2w ago
“Let justice be done though the heavens fall” In early hours of 19/05/2024 a ghastly incident killed 2 young individuals in Pune and cause for same happened to be a Porsche rashly driven by Master X, a child in conflict with law. On very same day, he came to be released on bail. Juvenile Justice Board, on 21/05/2024, misguided itself by exercising power under Section 104 of The Juvenile Justice Act (Care and Protection of Children) Act 2015 and directing, Master X will stay in an Observation Home. Board had clarified, Master X will continue to be on bail. There is no cancellation or revocation ..read more
Visit website
Price is Right
The Last Word
by Rudrajyoti Nath Ray
1M ago
Somendra was a cunning merchant. Nandish was a simple village boy. He was poor and had nothing in the world but one beautiful white horse. “What does a young boy like you need with a horse?” When the offer reached five hundred gold coins, Nandish paused and seemed to give it a thought. “You must give me the money right now, and I will give you the horse only when I have given you ten lashes.” Somendra agreed instantly. Nandish counted the coins carefully. Then he took the whip. One, two, three… the lashes fell in quick succession. Nine… Somendra waited, holding his breath for the last and fina ..read more
Visit website
Equestrian
The Last Word
by Rudrajyoti Nath Ray
2M ago
The equestrian sport dates back to ancient Greek era and has been an Olympic sport from 1900 onwards. The dressage sport is popularly known as horse ballet. The riders and their horses are judged based on their movement, calmness, suppleness and flexibility. One judges the horse’s enthusiasm to perform each element with minimum encouragement from the rider. The controversy reflects, whether athletes under training at Olympic Riding and Equestrian Academy, Eastern Jaunapur, New Delhi have lost calmness, suppleness and flexibility while being trained. A doubt arises, whether someone who cannot c ..read more
Visit website
Contracts of Insurance VIII
The Last Word
by Rudrajyoti Nath Ray
2M ago
An insurance is a contract of indemnification, being a contract for a specific purpose [Oriental Insurance Co. Ltd. v. Sony Cheriyan, (1999) 6 SCC 451], which is to cover defined losses [United India Insurance Co. Ltd. v. Levis Strauss (India) (P) Ltd., (2022) 6 SCC 1]. Courts have to read an insurance contract strictly. Essentially, an insurer cannot be asked to cover a loss that is not mentioned. An exclusion clause in an insurance contract is to be interpreted strictly and against an insurer as it has an effect of completely exempting an insurer of its liabilities [New India Assurance Co. L ..read more
Visit website
Forthwith
The Last Word
by Rudrajyoti Nath Ray
2M ago
Our research indicates, there is no authoritative pronouncement of this Court on this issue. _____ “Government will be well-advised to make suitable amendments.” – Anwar Ahmad v. State of U.P., AIR 1976 SC 680. Section 102(3), CrPC came by way of an amendment only in 1978. It becomes necessary to understand, meaning of the expression ‘forthwith’ as used in Section 102(3). Rao Mahmood Ahmad Khan v. Ranbir Singh, 1995 Supp (4) SCC 275 has held, ‘forthwith’ is synonymous with the word ‘immediately’, which means with all reasonable quickness. When a statute requires something to be done ‘forthwith ..read more
Visit website

Follow The Last Word on FeedSpot

Continue with Google
Continue with Apple
OR