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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Kuttikanam / Seigniorage

In George Leslie v. State of Kerala, AIR 1970 Ker 21 the term ‘Kuttikanam’ was explained as under: “In the Malayalam and English Dictionary by Rev. II. Gundert D. Ph. page 278, ‘Kuttikanam’ is defined as meaning ‘the price of timber; fee claimable by the owner for every tree cut down by the renter’. In ‘The […]

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Legal Fiction

Lon Luvois Fuller defined the classic legal fiction as “either (1) a statement propounded with a complete or partial consciousness of its falsity, or (2) a false statement recognized as having utility.” The common law was rife with fictions: a plaintiff who had bailed his chattel under a bailment terminable at his will was deemed to […]

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Fiat Justitia Ruat Caelum

“The Latin maxim fiat justitia ruat caelum is what first comes to mind on a reading of Article 142 – let justice be done though the heavens fall. This maxim was quoted by Lord Mansfield in R. v. Wilkes, (1770) 4 Burr 2527: (1558-1774) All ER Rep. 570. The Article gives a very wide power […]

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