Sapan Dhawan’s Stolen Maruti Zen

On the night of 01.08.1998, Sapan Dhawan handed over his Maruti Zen and its keys to Taj Mahal Hotel. The Maruti Zen was stolen. United India Insurance [Vehicle-Insurer/Subsequent Subrogee] and Sapan Dhawan [Vehicle-Owner/Subsequent Subrogor] sought compensation for ‘deficiency in service’ from Taj Mahal Hotel. The manner in which the Maruti Zen was stolen revealed Taj Mahal […]

Read more "Sapan Dhawan’s Stolen Maruti Zen"

Rule of Law

“The expression ‘rule of law’ can be traced back to the great Greek philosopher Aristotle, who lived 2,400 years ago. “It is better for the law to rule than one of the citizens… so that even the guardians of the law are obeying the laws.” –  Brian Z. Tamanaha, Rule of Law. Bona fide criticism […]

Read more "Rule of Law"

Referred to Larger Bench XX: The Sabarimala Temple III

Review Petition (Civil) No. 3358 of 2018 in Writ Petition (Civil) No. 373 of 2006 Essential Religious Practices of a Religious Denomination or Section of a Religious Denomination – Constitutional Protection under Article 26? “In the Indian context, given the plurality of religions, languages, cultures and traditions, what is perceived as faith and essential practices […]

Read more "Referred to Larger Bench XX: The Sabarimala Temple III"

Transparency of Transparency / The Revival of Ray XXXIII

“Regardless of how it is articulated, some like formula of compromise must be applied.”Chief Justice Frederick Moore Vinson My Lord, How Transparent is Transparent Enough? “This case concerns the balance which is required between two important fundamental rights i.e. right to information and right to privacy. Often these two rights are seen as conflicting, however, […]

Read more "Transparency of Transparency / The Revival of Ray XXXIII"

Writ Jurisdiction of Supreme Court / The Revival of Ray XXXII

Writ Jurisdiction of Supreme Court may be resorted to when available remedies are exhausted [U.P. State Spinning Co. Ltd., (2005) 8 SCC 264]. This is essentially a ‘rule of policy, convenience and discretion’; it’s not a ‘compulsion’ [Mohammad Nooh, AIR 1958 SC 86; Harbanslal Sahnia, (2003) 2 SCC 107]. Supreme Court in Shrimath Balasaheb Patil […]

Read more "Writ Jurisdiction of Supreme Court / The Revival of Ray XXXII"