It is rare for an Advocate to be directly appointed as a Judge of Hon’ble Supreme Court of India. It is even more rare, he/she shall become a Judge in a day. I am inclined to believe, Hon’ble Justice R.F. Nariman is still an Advocate in his heart. The manner in which he quotes precedents is refreshing, remarkable and reminiscent of his days at the Bar. He is certainly using this divine opportunity to lay down several propositions otherwise often unnecessarily deliberated upon.
Godrej and Boyce Mfg. Company Ltd. v. State of Maharashtra, (2014) 3 SCC 430, delivered on 30.01.2014, for instance, had 400 words on a “means and includes” definition. Senior Advocate, R.F. Nariman, as he was then, appeared in same. But of course, he could have only assisted and not dictated.
However, in last 4 months, Hon’ble Justice R.F. Nariman has used P. Kasilingam v. P.S.G. College of Technology, 1995 Supp (2) SCC 348 effectively, in two separate matters, to state, a “means and includes” definition is exhaustive. The first time in State of West Bengal v. Associated Contractors, 2014 (10) SCALE 394 in relation to Section 2(1)(e) of The Arbitration and Conciliation Act, 1996 and most recently in Narinder Chadha v. Municipal Corporation of Greater Mumbai, 2014 (13) SCALE 575 in relation to Section 3(m) of The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply & Distribution) Act, 2003. He has required all of 50 words.
There shall be 2 at least of a newfound genre of SC Judges for next 8 years. And one of them, Chief Justice of India No. 49.