Early Life and Career
Hon’ble Mr. Justice Aniruddha Bose was born on 11th April, 1959 in Kolkata (then Calcutta). In 1976, he passed his Higher Secondary Examination from St. Lawrence High School, Kolkata. He did his B.Com from St. Xavier’s College, Kolkata and Law from Surendranath College of Law in Kolkata as well.
Having obtained his degree in Law, Justice Bose enrolled with the Bar Council of West Bengal as an advocate in October, 1985. He practiced in the Original and the Appellate Side of the Calcutta High Court in Constitutional and Civil matters, with special emphasis on Intellectual Property Law cases.
In the High Courts
After a tenure of roughly 19 years as an advocate in the Calcutta HC, Justice Aniruddha Bose was elevated to the HC Bench as a permanent Judge in 2004. He continued to serve the Calcutta HC till early 2018. He was also in the running for the post of Chief Justice of Delhi High Court, however, on 4th August 2018, upon recommendation by the SC Collegium, Justice Bose was appointed as the Chief Justice of Jharkhand High Court by the President of India, Shri Ramnath Kovind.
Journey to becoming Supreme Court Judge
In a Resolution, the Supreme Court Collegium comprising of Ranjan Gogoi, C.J., and S.A. Bobde, N.V. Ramana, Arun Mishra and R.F. Nariman, JJ., reiterated their recommendation (dt. 12-04-2019) to elevate Justice Aniruddha Bose as a Judge of the Supreme Court. Consequently, Justice Bose was appointed as a SC Judge on 24-05-2019 by President Shri Ramnath Kovind.
Notable Judgments that Justice Aniruddha Bose has been a part of
Calcutta High Court [2004 – 2018]
Madan Das v. Lt. Governor, 2011 SCC OnLine Cal 2374
The 7 Judge Bench of the High Court comprising of Jainarayan Patel, C.J. and Bhaskar Bhattacharya, Pinaki Chandra Ghose, Kalyan Jyoti Sengupta, Indira Banerjee, Aniruddha Bose and Sambuddha Chakrabarti, JJ., held that unless special circumstances mentioned in Rule 5 of Order 47, CPC subsist, a Judge who delivered the original judgment or order sought to be reviewed, alone can take up the Application for review as well.
Sony Kabushiki Kaisha v. Mahaluxmi Textile Mills, 2009 SCC OnLine Cal 531
The Bench of S.S. Nijjar, C.J. and Indira Banerjee and Aniruddha Bose, JJ., in this trademark infringement suit, made significant observations as to the necessity and importance of trademark. It was noted that the key function of a trade mark is to indicate the source or origin of goods and services. The tort of passing off is committed if the offending trader applies an established trade mark in such manner so as to cause confusion or deception in the mind of the consumers as regards the source or origin of the goods and the mind of purchasers are directed to the firm whose identity is already linked with the trade mark in the market place.
Union of India v. Pam Development Pvt. Ltd, 2005 SCC OnLine Cal 299
The Division bench of Aloke Chakrabarti and Aniruddha Bose, JJ., held, the Chief Justice, under S. 11(6) of Arbitration and Conciliation Act, 1996, is not strictly bound to appoint an arbitrator who must have a qualification as agreed upon between the parties, thus, even if the arbitrator does not have the qualification, his appointment would not be rendered invalid.
Jharkhand High Court [2018- 2019]
Hit Narayan Jha v. The State of Jharkhand, 2018 SCC OnLine Jhar 1371
The bench of Aniruddha Bose, C.J. and Chandrashekhar, J., set aside the dismissal from service on the charge of taking illegal gratification. It was observed that the writ Court would not interfere with the orders passed by the departmental authority unless it has been passed in breach of the Discipline and Service Rules or in avoidance of the rules of natural justice.
State of Jharkhand v. HSS Integrated SDN, 2019 SCC OnLine Jhar 172
This was a contractual dispute between the State and the opposite parties in relation to a consultancy agreement over construction of six-lane Divided Carriage-way of certain parts of Ranchi Ring Road. An Arbitral Tribunal was constituted which found that termination of the contract was illegal and invalid. The bench of Aniruddha Bose, C.J. and Ratnaker Bhengra, J., while hearing the challenge to the Tribunal’s Award, held that there was no involvement of any grave violation of public policy by the Arbitral Tribunal in passing the award. The facts narrated in the award do not project any gross misuse of jurisdiction which could shock the conscience of the Court.
Amit Sahni v. Commissioner of Police, (2020) 10 SCC 439
The 3-judge bench of SK Kaul, Aniruddha Bose and Krishna Murari, JJ., in the Shaheen Bagh protests matter, held that while there exists the right to peaceful protest against a legislation, public ways and public spaces cannot be occupied in such a manner and that too indefinitely. The Court noticed that the Constitutional scheme comes with the right to protest and express dissent, but with an obligation towards certain duties. These rights, in cohesion, enable every citizen to assemble peacefully and protest against the actions or inactions of the State. The same must be respected and encouraged by the State, for the strength of a democracy such as India’s lies in the same.
State of Punjab v. Davinder Singh, (2020) 8 SCC 1
5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ upon noticing that SC decision of E.V. Chinnaiah v. State of A.P., (2005) 1 SCC 394, is required to be revisited, referred the matter to a larger bench. While doing so, the Court observed,
“Reservation was not contemplated for all the time by the framers of the Constitution. On the one hand, there is no exclusion of those who have come up, on the other hand, if sub- classification is denied, it would defeat right to equality by treating unequal as equal.”
West U.P. Sugar Mills Association v. State of Uttar Pradesh, (2020) 9 SCC 548
The 5-judge bench of Arun Mishra, Indira Banerjee and Vineet Saran, M.R. Shah and Aniruddha Bose, JJ., held that once the Central Government having exercised the power under Entries 33 and 34 List III of seventh Schedule and fixed the “minimum price”, the State Government cannot fix the “minimum price” of sugarcane.
Chebrolu Leela Prasad Rao v. State of Andhra Pradesh, 2020 SCC OnLine SC 383
The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ., held the Government Office Ms. No.3 dated 10.1.2000 issued by the erstwhile State of Andhra Pradesh providing 100% reservation to the Scheduled Tribe candidates (out of whom 33.1/3% shall be women) for the post of teachers in the schools in the scheduled areas in Andhra Pradesh, unconstitutional, as there was no rhyme or reason with the State Government to resort to 100% reservation.
TN Medical Officers Association v. Union of India, 2020 SCC OnLine SC 699
The 5-judge Constitution bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ., held that the Medical Council of India has no power to make any reservation for in-service candidates in Post Graduate Medical Course in States and that only States are allowed to grant the benefit of reservation of seats to in-service doctors in the National Eligibility cum Entrance Test (NEET) postgraduate degree courses.
Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Ltd., (2020) 9 SCC 215
The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ held that “’banking’ relating to cooperatives can be included within the purview of Entry 45 of List I, and it cannot be said to be over inclusion to cover provisions of recovery by cooperative banks in the SARFAESI Act.”
Kalamani Tex v. P. Balasubramanian, 2021 SCC OnLine SC 75
The 3-Judge Bench comprising of N.V. Ramana, Surya Kant and Aniruddha Bose, JJ., held that upheld the judgement of High Court of Judicature at Madras, whereby the order of acquittal of the Judicial Magistrate was reversed and the appellants had been convicted under Section 138 of the NIA, 1881. The Bench observed-
“Once the appellant 2 had admitted his signatures on the cheque and the Deed, the trial Court ought to have presumed that the cheque was issued as consideration for a legally enforceable debt.”
Rohtas v. State of Haryana, 2020 SCC OnLine SC 1014
Explaining the difference between Sections 34 and 149 of the IPC, the 3-judge bench of NV Ramana, Surya Kant and Aniruddha Bose, JJ., held that
“Although both Section 34 and 149 of the IPC are modes for apportioning vicarious liability on the individual members of a group, there exist a few important differences between these two provisions. Whereas Section 34 requires active participation and a prior meeting of minds, Section 149 IPC assigns liability merely by membership of the unlawful assembly. In reality, such ‘common intention’ is usually indirectly inferred from conduct of the individuals and only seldom it is done through direct evidence.”
Anita Sharma v. New India Assurance Co. Ltd., (2021) 1 SCC 171
The bench of Surya Kant and Aniruddha Bose, JJ held that the strict principles of evidence and standards of proof like in a criminal trial are inapplicable in Motor Accident Claims cases.
Union of India v. KA Najeeb, 2021 SCC OnLine SC 50
The 3-judge bench of NV Ramana, Surya Kant and Anirudhha Bose, JJ., refused to interfere with the bail granted by Kerala High Court to KA Najeeb arrested under the Unlawful Activities (Prevention) Act, 1967 but has imposed the conditions. He shall also refrain from participating in any activity which might enrage communal sentiments.
Government of India v. Vedanta Limited, (2020) 10 SCC 1
The 3-judge bench of SA Nazeer, Indu Malhotra and Aniruddha Bose, JJ has dismissed Central Government’s plea against enforcement of a 2011 foreign award passed in favour of Vedanta Limited in a dispute arising out of a contract for exploring and developing the petroleum resources in the Ravva Gas and Oil Fields. The Court held,
“the enforcement of the foreign award does not contravene the public policy of India, or that it is contrary to the basic notions of justice.”
Yatin Narendra Oza v. High Court of Gujarat, 2020 SCC OnLine SC 724
The 3-judge bench of SK Kaul, Aniruddha Bose and Krishna Murari, JJ., observed that the Court would wait for the order of the Gujarat High Court before passing any orders in the issue relating to withdrawal of senior Designation of advocate Narendra Oza. Oza, who is also the President of the Gujarat High Court Advocates’ Association, was stripped off his Senior Advocate designation. This has been done after Advocate Oza had levelled charges of corruption against the registry of the Gujarat High Court.
United India Insurance Co. Ltd. v. Satinder Kaur, 2020 SCC OnLine SC 410
Taking note of the fact that several Tribunals and High Courts have been awarding compensation for loss of consortium and loss of love and affection, the bench directed the Tribunals and High Courts to award compensation for loss of consortium, which is a legitimate conventional head.
“There is no justification to award compensation towards loss of love and affection as a separate head.”
The 3-judge bench of SA Nazeer, Indu Malhotra and Aniruddha Bose, JJ., were hearing an issue relating to determination of compensation in a motor vehicle accident case.
Murali v. State, (2021) 1 SCC 726
The bench of N.V. Ramana, Surya Kant and Aniruddha Bose, JJ., held that unequivocal language of S. 320(9) of CrPC, explicitly prohibits any compounding except as permitted under S. 320 of CrPC. Notwithstanding thereto, fact of amicable settlement/compromise between parties can be a relevant factor for purpose of reduction in quantum of sentence of convicts even in serious non-compoundable offences.
† Editorial Assistant, EBC Publishing Pvt. Ltd.