“Ends do not justify means!” “Good in intent becomes the evil in effect.” I. Introduction: An investigation into an offence should be fair and proper - this being the old school thought prevalent for several years. While investigating offences under the respective laws, the Investigating Agencies are seen to employ, sometimes commendably, all means and... Continue Reading →
Part-II. Reference to Larger Bench does not render ineffective the precedential value of the referred matter.
In the previous article (Part-I), the question of law considered was in light of a Recall Application filed by the Central Bureau of Investigation against the Final Judgment in a matter titled as Ritu Chhabaria Versus Union of India & Ors. bearing Writ Petition (Criminal) No. 60 of 2023 decided on 26.04.2023 reported in... Continue Reading →
Part I. Is ‘Recall’ of a final judgment of Supreme Court permissible? “No”
“We are right because we are final: we are not final because we are right” Bihar Legal Support Society v. Chief Justice of India, (1986) 4 SCC 767 (Constitutional Bench) 1. Issues 2. Application for 'Recall' of a final judgment impermissible: 2.1. No provision / procedure / rules permit filing of an Application for Recall... Continue Reading →
No criminal prosecution permissible on vague law
‘Vague laws offend several important values’ and cannot be used to criminally prosecute anyone.
Procedure for Seizure under PMLA is honored more in breach
The Enforcement Directorate has been conferred with unlimited powers under law, oh, everyone knows that. One such unlimited power is the power of the Enforcement Directorate to enter ones premises, search and seize any property / record, including even irrelevant documents, blank letter heads, etc., all under the pretext of relevance to the never ending... Continue Reading →
Proxy Counsel, a misnomer
A dilemma one faces at the nascent stage of one's profession is (a) can one appear in Courts without filing a Vakalatnama and (b) if so, whether during such appearance, one is to refer to themselves as a 'proxy counsel' or not.