Suitable

“There is a chequered history in this case, which is getting curious with each round of litigation. In English parlance, the word ‘suitable’ is assigned the meaning as ‘appropriate, fitted for the purpose or acceptable’. The Concise Oxford Dictionary defines the word ‘suitable’ as ‘well fitted for the purpose; appropriate’. This ordinary meaning is to […]

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The Last Word

Friendships & Rivalries, Losses & Victories never have an end – only a beginning. Spectacular Judges of the Supreme Court have hoped for an impactful conclusion. The irreversibly powerful ones have known more. There is never a last word. Life travels with the surety of a pendulum clock, tick tock. We remember: in Puttaswamy, [Writ Petition […]

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Moral Turpitude

Dio non fa mai retromarcia con il suo amore! Offences involving ‘moral turpitude’ were in discussion recently in Union Bank of India v. C.G. Ajay Babu, [Civil Appeal No. 8251 of 2018]. You may read Section 4(6)(b) of The Payment of Gratuity Act, 1972.  ‘Moral turpitude’ describes conducts which are: inherently vile, depraved; immodest; shameful and wicked [Pawan Kumar, (1996) 4 SCC 17 and Sushil […]

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A Mensa Et Thoro

Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, a mensa et […]

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Falsus in Uno, Falsus in Omnibus

“It is a well settled position of law that the testimony of a witness cannot be discarded in toto merely due to the presence of embellishments or exaggerations. The doctrine of ‘falsus in uno, falsus in omnibus’, which means ‘false in one thing, false in everything’ has been held to be inapplicable in the Indian […]

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Reasonable Restriction II

Rewarded with the presence of Justice A.N. Ray, a Constitution Bench in Himat Lal K. Shah, (1973) 1 SCC 227 held: “public meeting in open spaces and public streets forms part of the tradition of our national life… the State and the local authority have a virtual monopoly of every open space at which an outdoor meeting can be […]

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