Five Judges in February

Posted on by Rudrajyoti Nath Ray

Half-baked Lawyers serve no purpose.

– Hon’ble Justice Sanjay Kishan Kaul, Bar Council of India v. Bonnie Foi Law College, [Civil Appeal No. 969 of 2023].

The legal profession is a serious occupation and requires Advocates to maintain exemplary conduct both inside and outside Court [In Re: Sanjiv Dutta, Deputy Secretary, Ministry of Information and Broadcasting, (1995) 3 SCC 619 [20]; Ajitsinh Arjunsinh Gohil v. Bar Council of Gujarat, (2017) 5 SCC 465 [39]].

– Hon’ble Chief Justice of India, Hon’ble Justice Dr. D.Y. Chandrachud, Gaurav Kumar v. Union of India, [Writ Petition (C) No. 352 of 2023] decided on 30.07.2024.

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We may note, CJI B.P. Sinha’s Dissent in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, AIR 1962 SC 853: The right of ex­-communication vested is not purely a religious matter. The Bombay Prevention of Ex-communication Act, 1949 is valid.

The question certainly survives for consideration, whether practice of ex-communication prevailing in other religions, castes or sub-­castes is constitutionally valid. The right to ex-communicate a member of Dawoodi Bohra Community is subject to constitutional morality and will require examination by a Larger Bench.

Writ Petition (Civil) No. 740 of 1986 deserves to be tagged with Review Petition (Civil) No. 3358 of 2018 pending before Bench of Nine Hon’ble Judges. 

– Hon’ble Justice Abhay S. Oka, Central Board of Dawoodi Bohra Community v. State of Maharashtra, [Writ Petition (Civil) No. 740 of 1986].

We have discussed about importance of ensuring judicial discipline and same has been upheld by various decisions of this Court [Central Board of Dawoodi Bohra Community v. State of Maharashtra, (2005) 2 SCC 673].

– Hon’ble Justice Vikram Nath, Mary Pushpam v. Telvi Curusumary, [Civil Appeal No. 9941 of 2016] decided on 03.01.2024.

A law laid down by this Court by a Bench of Larger Strength is binding on any subsequent Benches of Lesser or Co-equal Strength [Central Board of Dawoodi Bohra Community v. State of Maharashtra, (2005) 2 SCC 673 subsequently followed and applied in Trimurthi Fragrances (P) Ltd. v. Government of N.C.T. of Delhi, 2022 SCC OnLine SC 1247].

– Hon’ble Justice Sanjiv Khanna, Perumal Raja v. State, [Special Leave Petition (Criminal) No. 863 of 2019] decided on 03.01.2024.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.