Recently, Supreme Court of India concluded, Mahatma Gandhi > Bharat Ratna. Once upon a time, specifically on 23.01.1992, a press communique was issued from Rashtrapati Bhawan, New Delhi to the following effect: “The President is pleased to confer the award of Bharat Ratna posthumously on Shri Subhash Chandra Bose.” It was contended before SC that, […]
Read more "123 Netaji 123"“In Fletcher v. Bealey (1884) 28 Ch. D. 688 a quia timet action was asked for to interdict the tort of nuisance in order to prevent noxious liquid from flowing into a river. Pearson, J. after referring to earlier Judgments on quia timet action then held: “I do not think, therefore, that I shall be […]
Read more "Quia Timet"“In a Judgment reported as HMT Ltd. v. Mudappa, (2007) 9 SCC 768 quoting from earlier Judgment of this Court reported as State of A.P. v. Goverdhanlal Pitti, (2003) 4 SCC 739 it was held that ‘legal malice’ or ‘malice in law’ means ‘something done without lawful excuse’. It is an act done wrongfully and […]
Read more "Legal Malice"My Lord, Judges in Md. Serajuddin, (1975) 2 SCC 47? Five. Hon’ble Judges H.R. Khanna, K.K. Mathew, M. Hameedullah Beg, Y.V. Chandrachud. Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. “A Constitution Bench of this Court in Md. Serajuddin, (1975) 2 SCC 47 has held that expression ‘in the course’ implies not only a period […]
Read more "The Revival of Ray XXXVIII"The Commercial Courts Act, 2015 through Section 16 has amended The Code of Civil Procedure, 1908 in its application to commercial disputes. Whereas commercial disputes [as defined under Section 2(c) of The Commercial Courts Act, 2015] are governed by CPC as amended by Section 16 of the said Act, all other non-commercial disputes fall within […]
Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 II"It is not our forte to answer whether it is better to be free than secure or be secure rather than free. However, we are here only to ensure that citizens are provided all the rights and liberty to the highest extent in a given situation while ensuring security at the same time. There is […]
Read more "The Revival of Ray XXXVII"Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Siddharth Luthra submitted that, […]
Read more "Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015"