The Yakub Hanging

The Last Word: As per standards of Hurra, (2002) 4 SCC 388 a Curative Petition shall be circulated amongst “3 Senior-Most Judges” of SC and “Judges who passed the Judgment complained of, if available”. When a Majority concludes, a hearing is required – it should be listed. Hon’ble Justice Dipak Misra: “Needless to say, the availability […]

My Name is Memon

Review Petitions, Curative Petitions, Mercy Petitions, Media Petitions are all variations of soft law jurisprudence. Judges are soft. As per standards of Hurra, (2002) 4 SCC 388 a Curative Petition shall be circulated amongst “3 Senior-Most Judges” of SC and “Judges who passed the Judgment complained of, if available”. When a Majority concludes, a hearing is […]

Battle of the Articles I: 32/226

“No question other than relating to Fundamental Rights will be determined in a proceeding under Article 32. The difference between Article 32 and 226 is that while an application under Article 32 lies only for the enforcement of Fundamental Rights, the High Court under Article 226 has a wider power to exercise its jurisdiction not only for the […]

Section 405/406, Indian Penal Code I

“Needless to say that to constitute an offence punishable under Section 406, IPC the essential ingredient is the ‘entrustment’ of the property. It is only after entrustment is shown, it can be said that there was criminal breach of trust. In Ram Narayan Popli, (2003) 3 SCC 641 this Court, per Majority, has explained ‘entrustment’ […]

Section 31(7) of The Arbitration Act I

“Section 31(7) of The Arbitration and Conciliation Act, 1996 by using the words ‘unless otherwise agreed by the parties’, categorically specifies that the Arbitrator is bound by the terms of the contract so far as award of interest from the date of cause of action to the date of the award is concerned. Therefore, where […]

A Review of “Aarushi”

It is said that Truman Capote started investigating The Clutter Murders after reading a 300-word New York Times article. 6 years spent on the case, gave us ‘In Cold Blood’, the first book of its kind. Capote was no journalist and Avirook Sen is no author. ‘Aarushi’ is a compelling read, no doubt. But I […]

Anatole France

Recently, SC, while imposing exemplary costs of Rs. 10,00,000/- (Rupees Ten Lakhs) on Industrialist-Appellant, in Vijay Mallya v. Enforcement Directorate, [Criminal Appeal No. 1406 of 2009], quoted Anatole France. The famous words of Anatole: “The law in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in […]

Birth Certificates

“It may be recalled that owing to curial fiat, it is no longer necessary to state the name of the father in applications seeking admission of children to school, as well as for obtaining a passport for a minor child. However, in both these cases, it may still remain necessary to furnish a birth certificate. […]

Costs Jurisprudence I: Actual Reasonable Costs

Paragraph 37, Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344: “Judicial notice can be taken of the fact that many unscrupulous parties take advantage of the fact that either the costs are not awarded or nominal costs are awarded on the unsuccessful party. Unfortunately, it has become a practice to direct parties […]

Oath Against Oath

“It may not always be safe for a Writ Court to decide issues and facts having great impact on general public or a large part of it only on basis of Oath against Oath.” – Hon’ble Justice Dipak Misra, Riju Prasad Sharma v. State of Assam, [Civil Appeal Nos. 3276-3278 of 2013]. ‘Oath against Oath’ […]

Pension is Not a Bounty I

My Lord, What is Pension? “It is a well known principle, pension is not a bounty. The benefit is conferred upon an employee for his unblemished career. In D.S. Nakara v. Union of India, (1983) 1 SCC 305 D.A. Desai, J speaking for the Bench opined: “The antiquated notion of pension being a bounty, a […]

The Last Word

A Diversion for Lawyers and Others

Month: July 2015