“Something is rotten in the State of Denmark“, sensed Marcellus, said Shakespeare in Hamlet, and it can similarly be said, something is rotten in Allahabad High Court, said Hon’ble Judges Markandey Katju and Gyan Sudha Misra in Raja Khan v. U.P. Sunni Central Waqf Board, (2011) 1 SCC (LS) 359. The rot was, of course, […]
Read more "Then Mark, Denmark"“Araya Complex”, Sector 62, Golf Course Extension Road, Gurugram Respondent/Flat Purchaser – Apartment Buyer’s Agreement – Appellant/Builder. Appellant/Builder, Failed! Respondent/Flat Purchaser, NCDRC, Consumer Complaint. “Respondent – Flat Purchaser could not be compelled to take possession at such a belated stage. The inordinate delay in handing over possession of the flat clearly amounts to ‘deficiency of service’. A […]
Read more "Four Crore Apartment"“Learned Counsel relied upon Ranchhodji Chaturji Thakore, 1996 (11) SCC 603 and Jaipal Singh, 2004 (1) SCC 121 to contend, in case, criminal proceedings are initiated at behest of employer, and employee is acquitted, he would be entitled to claim full wages for the period he was kept out of duty during pendency of criminal […]
Read more "Back Wages II"Cases where the science involved is highly specialized and perhaps even esoteric, the central role of an expert cannot be disputed [Ramesh Chandra Agrawal v. Regency Hospital Limited, (2009) 9 SCC 709]. Be that as it may, it cannot be forgotten, opinion evidence is advisory in nature, and Courts are not bound by evidence of […]
Read more "Science for Everyone: Superimposition Technique"21 March 2006, 18:30 – 20:00 Satyendra Pratap Singh entered the swimming pool of Hotel Samudra, Kovalam. All of a sudden, Satyendra Pratap Singh became unconscious and sank into the pool. The victim was pulled out of the water and was taken to hospital. He died at 21:00 on the same day. ____ NCDRC has […]
Read more "Tort of Negligence"“The custody of minor children has been considered difficult in adjudication by the Courts apart from raising delicate issues, especially when the spouses are NRIs. For the custody of children, a tussle was going on between the parents. Obviously, the ultimate goal which has to be kept in mind is the best interest of the […]
Read more "The “First Strike” in Child Custody Battles III"“Court is tasked with determining whether a death due to malaria occasioned by a mosquito bite in Mozambique, constituted a death due to accident. Debashis Bhattacharjee was working as a Manager of a Tea Factory at Cha-De-Magoma, District: Gurue, Province: Zambezia, Republic of Mozambique. In order to constitute an accident, the event must be in […]
Read more "Malaria in Mozambique"“This Court has laid down the test as to how the Court should decide the question as to whether a particular item is a part of other. The test is a thing is a part of the other if the other is incomplete without it. In other words, a thing is a part of the […]
Read more "The Revival of Ray XIX"My Lord, Hon’ble Justice A.P. Sen View, Paragraphs 86-87, Express Newspapers v. Union of India, (1986) 1 SCC 133 = Majority View? Yes. “We, consider it apposite to refer to The Guardians of The Poor of The West Derby Union v. The Guardians of The Poor of The Atcham, (1889) 24 QBD 117. The question […]
Read more "Ratio Decidendi I"Introduction to Cricket Sports not only gives physical or moral strength to a personality but spreads the message of goodwill and friendship. Cricket, it is said, is a synonym for gentlemanliness which means discipline, fair play, modest and high standard of morality. In our country, BCCI exercises sufficient control.Appellant Appellant participated in an IPL match […]
Read more "Shanthakumaran Sreesanth II / Revival of Ray XVIII"FILM IS THE HIGHEST FORM OF COMMERCIAL ART: SATYAJIT RAY Despite CBFC approval, State of West Bengal & Kolkata Police obstructed Director, Anik Datta’s ‘Future Ghosts’, from being exhibited. It had been duly released in Kolkata on 15.02.2019. By evening of 16.02.2019, without any communication from exhibitors, the film was abruptly and suddenly taken off […]
Read more "Disappearance of Anik’s Ghost"“It shall be essential, a party invoking Arbitration shall specify amount claimed and shall furnish a ‘deposit-at-call’ for 10% of amount claimed. In event of an award in favour, deposit shall be refunded to him in proportion to amount awarded w.r.t. amount claimed and balance, if any, shall be forfeited and paid to other party.” […]
Read more "Arbitrariness in Arbitration Clauses"This is not the first time that Shri Nedumpara has attempted to browbeat and insult Judges of this Court. He is in the habit of using intemperate language to achieve his ends before several Judges of the Bombay High Court. Contempt when committed in the face of the Court, Judges’ hands are not tied behind […]
Read more "Contempt Jurisdiction III"“The idea for this book took shape during a seminar course that I taught at NLSIU, Bengaluru in January, 2015 and NUJS, Kolkata in June, 2016. This book advances Justice Vivian Bose’s vision of the Constitution, a vision that understood both the historical monument of framing, and the Constitution itself, as fundamentally transformative. But it […]
Read more "The Transformative Constitution"Something mysterious inside me silently tells, every exit is an entrance to somewhere else. “The instant case rests on circumstantial evidence. There cannot be any dispute as to the well-settled proposition that the circumstances from which the conclusion of guilt is to be drawn must or “should be” and not merely “may be” fully established. […]
Read more "Review of Death Penalty XII"“I have been impressed at times with the peculiarity of the fate of very learned and able friends of mine who, as the reward of exceptional knowledge and skill in the business matters of England and Scotland, are suddenly required to turn a large part of their attention to Indian appeals.” – Sir George Claus […]
Read more "Sir George Claus Rankin"“It will be noticed that ‘validity’ of an Arbitration Agreement is apart from its ‘existence’. One moot question that arises, which needs to be authoritatively decided by a Bench of Three Learned Judges, is whether the word ‘existence’ would include weeding-out Arbitration Clauses in agreements which indicate that the subject-matter is incapable of Arbitration. Questions […]
Read more "Referred to Larger Bench XVIII: Arbitrability, The Transfer of Property Act"My Lord, Special Leave Petition, AGAINST IMPUGNED ORDER, Dismissed – Review Petition, High Court, AGAINST IMPUGNED ORDER, Maintainable? “There is no conflict insofar as ratio of Abbai Maligai Partnership Firm v. K. Santhakumaran, (1998) 7 SCC 386 and Kunhayammed, (2000) 6 SCC 359 is concerned. Abbai Maligai Partnership Firm was decided on its peculiar facts, with no discussion […]
Read more "Referred to Larger Bench V Answered: Maintainability of Review Petitions"“There can be no conviction on the basis of surmises and conjectures or suspicion howsoever grave it may be. Strong suspicion, strong coincidences and grave doubt cannot take the place of legal proof. The onus of the prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious factors to inculpate […]
Read more "Guesses & Conjectures II"“We have minutely considered and gone through the entire evidence on record, as it is a case of Capital Punishment and Death Penalty. The crime is committed with extremist brutality and the collective conscious of the society would be shocked. All the family members were done to death in a diabolical and dastardly manner. We […]
Read more "Review of Death Penalty XI"
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