October 3, 2025 6:20 pm

Decoding the Tribunal Judgment

Bysclaw

Nov 15, 2019

This content is restricted to site members. If you are an existing user, please log in. New users may register below.

By sclaw

Related Post

Constitution of India, 1950 — Article 19(1)(c) — Freedom of association — Not absolute — Restrictions can be imposed for good governance and public interest, especially in sports administration to ensure transparency, accountability, and professionalism — AIFF Constitution’s mandate for State associations to conform to its provisions supported.

Sep 21, 2025 sclaw

Waqf Act, 1995 (as amended) — Challenge to constitutional validity of amendments — Petitioners contended that amendments are ultra vires the Constitution, violating fundamental rights including Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. Respondents argued for legislative competence and presumption of validity of enactments. Court emphasized that statutes should only be declared unconstitutional if there is a clear, glaring, and undeniable violation of constitutional principles or fundamental rights, or if manifestly arbitrary, and that courts must strive to uphold legislative validity.

Sep 16, 2025 sclaw

Constitution of India, 1950 — Article 32 — Writ jurisdiction for enforcement of Fundamental Rights — Death sentence cases — Article 32 as continuing safeguard even after conventional judicial process has concluded — Power to intervene under Article 32 to prevent constitutional breach when human life hangs in the balance. Finality of Judgments — Reopening of concluded matters — Article 32 available to remedy grievances when fundamental rights are violated — Curative petition limitations — Exception for miscarriage of justice and perpetuation of irremediable injustice.

Sep 2, 2025 sclaw

Categories

Archives

You missed

Cheque Dishonour

Negotiable Instruments Act, 1881 — Sections 138, 139, 118 — Dishonour of cheque — Presumptions — Scope — Once execution/signature admitted, presumption arises that cheque was for consideration and discharge of legally enforceable debt — Burden initially on accused to rebut by raising probable defence — Mere plea of complainant’s financial incapacity, without documentary or independent evidence, not sufficient — Failure to reply to statutory notice, an adverse inference against accused — Defence that blank signed cheque given for obtaining bank loan, held unbelievable.

Oct 2, 2025 sclaw

Arbitration and Conciliation Act, 1996 — Sections 34 and 37 — Setting aside of arbitral award — Scope of interference — Courts are prohibited from rewriting contracts and should not interfere with arbitral awards unless grounds under Section 34 are met, such as violation of public policy or patent illegality. Interference is justified when an award shocks the conscience or is contrary to basic notions of justice. The scope of appeal under Section 37 is narrower than Section 34.

Oct 2, 2025 sclaw

Penal Code, 1860 (IPC) — Section 302 — Murder — Conversion of conviction — Where evidence shows that though accused had knowledge that injuries would cause death, there is no material to prove intention to kill, conviction under Section 302 IPC is not tenable and should be converted to Section 304 Part I IPC.

Oct 2, 2025 sclaw

Criminal Procedure Code, 1973 (CrPC) — Section 374(2) — Appeals against conviction — High Court’s power to acquit — High Court, after considering evidence and finding patent infirmities and insufficiency of evidence in the prosecution case, rightly acquitted the accused giving them the benefit of doubt.- Evidence Act, 1872 — Section 65-B — Electronic records — Call detail records — Non-production of certificate under Section 65-B along with call detail records renders them inadmissible — Handwritten notes of call details without examining the scribe are not proved according to law.

Oct 2, 2025 sclaw