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"“Accused were awarded Death Penalty by Learned Sessions Court. High Court confirmed the Death Penalty so far as A1, A2 and A4 were concerned. The case rests on the deposition of two eye-witnesses, PW1 & PW8. Neither PW1 nor PW8 gave details about the description of the culprits – heights, hair, facial features, complexion, beard […]
Read more "Review of Death Penalty X"Ravjit Singh Sethi received a phone call from Mrs. Neeraj Dutta [LDC, Delhi Vidyut Board]. She demanded Rupees Fifteen Thousand which was reduced to Rupees Ten Thousand. FIR. Rupees Ten Thousand was paid. Mrs. Neeraj Dutta handed over same to Yogesh Kumar [Driver]. Shadow Witness, S.K. Awasthi and Inspector O.D. Yadav arrived. Phenolphthalein Test. Hands […]
Read more "Referred to Larger Bench XVII: Illegal Gratification I"Religion is complex; difficult to comprehend; often open to interpretation. Which religion considers death to be a penalty and which religion considers death to be an award? It can be reasonably concluded Criminal Law of India considers death to be a punishment. In recent times, there have been several Judgments of the Supreme Court of […]
Read more "In Re: Death Penalty"“Another submission of Mr. Pritesh Kapur was that since it is the State Government which is the ‘owner of the minerals’ and the minerals that ‘vest’ in it, as held in Amritlal Nathubhai Shah, (1976) 4 SCC 108 while granting the licence, it can put conditions pertaining to movement and flow of such minerals as […]
Read more "The Revival of Ray XVII"“In Dwarka Prasad v. Dwarka Das Saraf, (1976) 1 SCC 128 this Court held: “A proviso must be limited to the subject-matter of the enacting clause. It is a settled rule of construction, a proviso must prima facie be read and considered in relation to the principal matter to which it is a proviso. It […]
Read more "The Proviso II / The Revival of Ray XVI"“One neat question arises before this Court, which is, whether, when parties are governed by contract, a claim in quantum meruit under Section 70 of The Indian Contract Act, 1872 would be permissible. Section 70 occurs in Chapter V of The Contract Act. An early Judgment reported as Moselle Solomon v. Martin & Co., ILR […]
Read more "The Law on Compensation for Breach of Contract IV"Fredda Brilliant was brilliant, indeed. Thus, her art adorns Supreme Court of India. Freda or Fredda? “One afternoon the sculptress, Freda Brilliant, and her husband, Herbert Marshall, dropped in to see me. She came in with open arms, pouring out a stream of endearments. ‘Darling, darling Khushy! How are you?’ They had been to an […]
Read more "Fredda Brilliant Marshall"Jagdish murdered his wife and children; one wife and five children, to be precise [20.08.2005]. Trial Court – Death Sentence [24.04.2006]; High Court – Death Sentence [27.06.2006]; Supreme Court – Death Sentence [18.09.2009]; President – Death Sentence [16.07.2014]. It was argued that Jagdish has been incarcerated for almost 14 Years and Death Sentence would mean […]
Read more "Review of Death Penalty IX"“The principle of ‘incorporation by reference’ of an Arbitration Clause, from another document or contract, is a well-established principle in Arbitration Jurisprudence [Clements v. Devon Country Insurance Committee, [1918] 1 KB 94; Macleod Ross and Co. Ltd. v. Compagnie d’ Assurances Generales L’Helvetia of St Gall, [1952] 1 Lloyd’s Rep 12 (CA)]. This principle has […]
Read more "Section 7(5) of The Arbitration Act IV"Following Hon’ble Justice Madan B. Lokur, Ministry of External Affairs corrected that India has an Extradition Treaty with Chile since 1897. Interestingly, India has an Extradition Treaty with Netherlands since 1898, with Switzerland since 1880, with Belgium since 1901. Thus, it is predictable that no fugitive or mastermind is going to flee to Chile, Netherlands, […]
Read more "The Indo-European Extradition Treaty II"
You must be logged in to post a comment.