Intelligence Officer/Inspector-Mrs. Krishna Chaube on 10.12.1999 at about 06:30 PM had received the secret information, Abdul Hamid Chandmiya would be carrying narcotic substances in an Auto Rickshaw-GJ­9T­2355 at about 07:00 AM on 11.12.1999 and shall be passing through Shahpur Darwaja. It was recorded and reported to Superior Officer-Mr. Pawan Singh Tomar. Auto Rickshaw-GJ­9T­2355 was chased and found abandoned near a road. Abdul had escaped. On conducting a search, a driving license of one Rajubhai was found in addition to 1.450 Kilograms of charas. The secret information, as received by Mr ..read more

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 votes, while Dr. Mohesh Chai secured 7383 and Nuney Tayang secured 1088 votes. Once it is accepted, Kri’s Kinetic Zing Scooty-AR-11/4474, Maruti Omni Van-AR-11A/3100 and TVS Star City Motorcycle-AR-11/685 were either gifted or sold before filing of nomination, said cannot be considered to be still owned by Karikho Kri’s Wife and Son for purposes other than those covered by The Motor Vehicles Act, 1 ..read more

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 of the People Act, 1951. Election Petition No. 01 of 2021 of Aminul Haque Laskar against Karim Uddin Barbhuiya also lacks ‘concise statement’ of ‘material facts’. An omission of a single ‘material fact’ would lead to an ‘incomplete’ cause of action and would amount to ‘disobedience’ of Section 83(1)(a) of The Representation of the People Act, 1951 [Azhar Hussain vs. Rajiv Gandhi, (1986) Supp. SCC ..read more

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 affected without an opportunity to ventilate his views… we are also conscious, justice is a psychological yearning.” This echoes what Lord Megarry said in John v. Rees, [1969] 2 All E.R. 274. Lord Megarry in John v. Rees rightly emphasized, feeling of resentment to those who find a decision against them has been made behind their back. These are telling observations. A distinction between ‘no opportun ..read more

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, a question of limitation is not merely a technical consideration. We should not keep the ‘Sword of Damocles’ hanging over the head of Respondent for an indefinite period of time to be determined at whims and fancies of Appellants. In a plethora of decisions of this Court it has been said, delays should not be excused as a matter of generosity. – Hon’ble Justice J.B. Pardiwala, Union of India v. J ..read more

In matters of appointment of Judicial Officers, opinion of a High Court is not a mere formality because a High Court is in best position to know about suitability of candidates as District Judges. Constitution therefore expects Governors to engage in ‘constructive constitutional dialogue’ with High Courts before appointing persons to a post of a District Judge under Article 233. Chief Justice A.N. Ray in State of Haryana v Inder Prakash Anand H.C.S., (1976) 2 SCC 977 observed, “Governor will act in harmony with recommendation of a High Court. If recommendation of a High Court is not held to be ..read more

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 what you answer, acceptance of those gratifications were without law. Court has not refrained from reconsidering a prior construction, if it proves to be unsound, unworkable, or contrary to public interest. P.V. Narasimha Rao v. State, (1998) 4 SCC 626 creates an ‘artificial distinction’ between those who receive an illegal gratification and perform their end and those who do not. Such an interpr ..read more

High Court is constitutionally independent and not subordinate to Supreme Court. _____ We do not live in an ideal world. Constitution Bench of Sanjeev Coke Manufacturing Company, (1983) 1 SCC 147 held, “We have serious reservations on whether it is open to a Court to answer academic or hypothetical questions. We think it is inexpedient for Supreme Court to delve into problems which do not arise and express opinion thereon.” Asian Resurfacing of Road Agency Private Limited v. Central Bureau of Investigation, (2018) 16 SCC 299 made an attempt to delve into an issue which did not arise for consid ..read more

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 specifically, grounds mentioned therein had been taken in Review Petition and it was dismissed by circulation. Since aforesaid Review Petitions were disposed of in an Open Court and not by circulation, aforementioned Curative Petitions are declined for registration…” The issue we have to address is as to whether Registry has power to dismiss Curative Petitions solely on ground no averment has been made to the ..read more

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