A clear distinction is made between ‘prohibited goods’ and ‘other goods’. As has rightly been pointed out, the latter part of Section 125 of The Customs Act, 1962 obligates release of confiscated goods (i.e., other than ‘prohibited goods’) against redemption fine. But, the earlier part of this provision makes no such compulsion as regards ‘prohibited […]
Read more "Discretion in Absolute Confiscation of Prohibited Goods"Although for me the idea of going to Pakistan was an exciting one it was not at all something out of the ordinary for the people in our neighborhood. It was a bright day in November when I set off to get my Passport and Visa from the Pakistan High Commission. I was accosted by […]
Read more "Framed Terrorist"Senior Advocate, Sanjoy Ghose argued for Captain Arvind Kumar Sharma, Captain K Sai Sashanka, Captain Jeetender Yadav, Captain Jitender Singh Randhawa, Captain Adish M. Chavan, Captain Reuben James, Captain B Sujimon, Captain Vishal V Chandorkar and Captain Vijay Kumar Dahiya before Hon’ble Justice Jyoti Singh of Hon’ble High Court of Delhi. The common thread was […]
Read more "Façade of ‘Commercial Decision’"“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]
Read more "Names in CBSE Certificates"Policy-making continues to be in sole domain of Executive. Judiciary does not possess authority or competence to assume role of Executive, which is democratically accountable for its actions and has access to resources which are instrumental to policy formulation. However, this ‘separation of powers’ does not result in Courts lacking jurisdiction in conducting a judicial […]
Read more "Dialogic Jurisdiction I"The theme of ‘gradual implementation’ of law or legal principles, was also spoken about in Javed v. State of Haryana, (2003) 8 SCC 369 which held, there is no constitutional imperative that a law or policy should be implemented all at once: “when the policies have far-reaching implications and are dynamic in nature, their implementation […]
Read more "Gradual Implementation"Iqbal Mohammed Memon alias Iqbal Mirchi was arrested in April 1995 and was discharged in September 1995 by Bow Street Magistrates’ Court [Magistrate Jeremy Connor]. The order was non-appealable. An extradition case dismissed before a proper trial shows an astonishing level of non-application of mind… Mirchi’s career, much like Dawood’s, started from tough and grimy […]
Read more "Extraditable Fugitives III"Danish Khan & Ruhi Khan, Escaped, (Penguin, 2021) is beautifully detailed. The number of facts cited must be appreciated. It doesn’t matter whether the story is on Vijay Mallya or successful extradition of Hansie Cronje times Sanjeev Chawla or forgotten excuses of Raymond Varley who brought Goa to disrepute. Each one will educate. Excerpt follows. […]
Read more "Extraditable Fugitives II"Gulu Ezekiel, Myth-Busting: Indian Cricket Behind The Headlines, (Rupa, 2021) is as fascinating to read as it must have been to research on and eventually write. “The whole idea is to bust long-held myths spread.” There are charming, structured anecdotes aplenty. Consider these: Farokh Engineer has been claiming, he was the First Indian Cricketer to […]
Read more "Kapil’s 175*"There is no bar on High Court’s power to reappreciate evidence against acquittal [Sangappa v. State of Karnataka, (2010) 3 SCC 686]. Cambridge Dictionary defines ‘exaggeration’ as “fact of making something larger, more important, better or worse than it really is.” Concise Oxford Dictionary defines it as “enlarged or altered beyond normal proportions.” These expressions […]
Read more "Exaggeration"Courts must be open, both in physical and metaphorical sense. Citizens have a right to know about what transpires in course of proceedings. Public scrutiny is crucial to maintaining transparency and accountability. Cases before Courts are vital sources of public information about activities of Legislature and Executive. Freedom of speech and expression extends to reporting […]
Read more "The Nature of Judicial Power: Constitutional Ethos II"Time fleets, generations grow, society changes, values and needs also change by time. There can be no denial, law should change with changing time and changing needs of society. Famous words of Justice Oliver Wendell Holmes Jr. in Towne v. Eisner, 245 US 425 (1918): “Word is not a crystal, transparent and unchanged; it is […]
Read more "Precedential Certainty / The Revival of Ray LXVI"Repugnancy can be looked at from three distinct perspectives. The first is where provision of a State enactment is directly in conflict with a law enacted by Parliament. Compliance with one is impossible along with obedience to the other. The second is where regulation of subject matter by Parliament is so complete as a code, […]
Read more "Repugnancy I"Lord Hoffmann in Investors Compensation Scheme Limited v. West Bromwich Building Society, 1998 (1) AIR 98 summarized broad principles of interpretation of contract. “Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the […]
Read more "Well-Known Principles of Interpretation II"Constitution Bench in T.M.A. Pai Foundation, (2002) 8 SCC 481 has expounded, private unaided school management must have absolute autonomy to determine school fees. The consistent view has been restated and enunciated by Constitution Bench in Modern Dental College and Research Centre, (2016) 7 SCC 353 in Paragraph 75. Though fee can be fixed by […]
Read more "Permissible School Fees"K. Crenshaw has been credited for coining the term ‘intersectionality’. “Discrimination, like traffic through an intersection, may flow in one direction, and it may flow in another. If an accident happens in an intersection, it can be caused by cars traveling from any number of directions and, sometimes, from all of them. Similarly, if a […]
Read more "Intersectionality"What would constitute ‘patent illegality’ has been elaborated in Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49. Union of India v. Bright Power Projects (India) (P) Ltd., (2015) 9 SCC 695 highlighted, the position of law on grant of interest under Section 31(7) of 1996 Act. Though Secretary, Irrigation Department, Government of Orissa […]
Read more "Section 31(7) of The Arbitration Act VI"In the present case, we are concerned with Article 224A. Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128 observed, if a person appointed under Article 224A was not considered to be a Judge of the High Court for the purpose of jurisdiction, powers and privileges, the question of appointing such a person would […]
Read more "An Alive Article 224A / The Revival of Ray LXV"It becomes necessary for this Court, to dwell on the ‘rule of alternate remedy’ and its judicial exposition [Whirlpool Corporation v. Registrar of Trademarks, Mumbai, (1998) 8 SCC 1; Harbanslal Sahnia v Indian Oil Corpn. Ltd., (2003) 2 SCC 107]. When a right is created by a statute, which itself prescribes remedy or procedure for […]
Read more "Rule of Alternate Remedy"My Lord, Indian-Companies can Arbitrate outside India? Yes. It is clear, there can be more than one ratio decidendi to a Judgment. Jacobs v. London County Council, (1950) 1 All ER 737 has been followed in State of Gujarat v. M.P. Jadeja, (2013) 2 SCC 300 and in Shayara Bano v. Union of India, (2017) […]
Read more "Seat of Arbitration II"
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