22nd July, 1993 – Gulshan, Jairnal Singh, Karnail Singh and Harjinder Singh were reportedly killed by Tarn Taran Police, led by SHO Gurbachan Singh Manochahal. Police carried out the cremations themselves and did not permit family members to attend. On arrest, and before Court, Defence claimed, the incident was in the course of “discharge of […]
Read more "The Fake Encounters: Tarn Taran, 22.07.1993"The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials is not legally binding for Member States, but rather seeks to further clarify aspects of the Code of Conduct for Law Enforcement Officials and provide guidelines it encourages States to adopt and implement. __________ On 15.06.2004, vide C.R. No. 8/2004 of […]
Read more "The Fake Encounters: Ahmedabad, 15.06.2004"One of the examples cited as an abuse of the process of Court is re-litigation. It is contrary to justice and public policy for a party to re-litigate the same issue which has already been tried and decided earlier against him. Recently, Messer Holdings Ltd. v. Shyam Madanmohan Ruia, [Special Leave Petition (Civil) 33429 of […]
Read more "75 LAKHS FOR NALSA"Truth be told, both Chetan Bhagat [@chetan_bhagat] and Dushyant Arora [@atti_cus] wrote boring posts – nothing I have not read before. Chetan wrote first. He used that advantage. It is not appropriate for a National-Figure to berate an Upcoming Lawyer. Some of us, including Senior Advocate Sanjay Hegde, were concerned. At the Near Stroke of Midnight: Thus, […]
Read more "Knickeratti"“Two Coordinate Benches (Three Judges)” have taken what would appear to be contrary views with regard to purport and effect and the interconnection between Section 3 and 4 of The Central Excise Act, 1944. The First Coordinate Bench in Union of India v. Bombay Tyre International Ltd., (1984) 1 SCC 467 comprised of Hon’ble Judges […]
Read more "Referred to Larger Bench VIII: Sections 3 & 4, The Central Excise Act, 1944"“The term ‘locus standi’ is a Latin term, the general meaning of which is ‘place of standing’. The Concise Oxford English Dictionary, 10th Edn., at page 834, defines the term ‘locus standi’ as the right or capacity to bring an action or to appear in a Court. The traditional view of ‘locus standi’ has been […]
Read more "Article 136 and Criminal Appeals II"Four notifications, two dated 21.12.2010 and two dated 31.05.2012, issued by Medical Council of India and Dental Council of India, were challenged in CMC, Vellore v. Union of India, (2014) 2 SCC 305. CJI Altamas Kabir held, the notifications were ultra vires the provisions of Articles 19(1)(g), 25, 26(a), 29(1) and 30(1). Hon’ble Justice Anil […]
Read more "Curse of NEET, 2016"“It was a scorching summer day on 31st May, when the NIA sleuths gathered in the chambers of Gopal Subramanian, the Attorney General of India. He had just returned from the US where he had spent hours discussing the David Headley issue with the US Attorney General, Eric Holder… Behera spoke, ‘We will be leaving […]
Read more "D for Dayan, D for David"It is a settled legal proposition, law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. A result flowing from a statutory provision is never an evil. Court has no power to ignore that provision to relieve what it considers a […]
Read more "Dura Lex Sed Lex"There is a need to build confidence to help road accident victims. Good Samaritans fear of legal consequences, involvement in litigation and repeated visits to Police Station. There is a need to provide certain incentives to Good Samaritans. There is also a dire need to enact a Good Samaritan Law. Ministry of Road Transport and […]
Read more "A Good Samaritan Law"“The power to invalidate a Legislative or Executive Act lies with the Court. A Judicial Pronouncement, either declaratory or conferring rights on the citizens cannot be set at naught by a Subsequent Legislative Act for that would amount to an encroachment on the Judicial Powers. However, the Legislature would be competent to pass an Amending […]
Read more "The Nature of Judicial Power: Hon’ble Justice Ranjan Gogoi"
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