I have not published 10,00,000 further words of Chief Justice A.N. Ray. Are his words at Calcutta High Court or at Supreme Court his only songs? I bow down to Hon’ble Chief Justice Dipak Misra and Hon’ble Justice Dr. D.Y. Chandrachud. They have quoted Samsher Singh v. State of Punjab, (1974) 2 SCC 831 in […]
Read more "The Revival of Ray II"Some men try hard for reasons best known to them. Team 2, even before it had shot and finalized the final print of its movie, filed a case before Bom HC. Dr. Abhinav Chandrachud fought for Team 1. He won. Hon’ble Justice G.S. Patel wrote: “In the present case there is no evidence of the […]
Read more "Veere Disarray"“Haynes was a role model of mine. He and Greenidge were a pair that would take apart any bowling attack in the world. From the start of the day’s play I had kept a close watch on him. He was sitting in the Sussex dressing room, absorbed in the match. I worried that he might […]
Read more "The Haynes Discourse"“A distinguished South African Judge, Albie Sachs has spoken of the importance of understanding the value of Constitutional Transformation. In his book titled ‘The Strange Alchemy of Life and Law’, explaining the role of the Constitutional Court, Sachs has this to say: “It is difficult to analyze the impact that Court Decisions have on actual […]
Read more "The Strange Alchemy of Life and Law"“Section 465 provides punishment for the commission of the offence of forgery. In order to sustain a conviction under Section 465, first it has to be proved that forgery was committed under Section 463, implying that ingredients under Section 464 should also be satisfied. Therefore unless and until ingredients under Section 463 are satisfied a […]
Read more "The Proof of Forgery I"Thushara, when 19, married a man, not yet 21, at Chakkulathukavu Bagavathi Temple. Thushara‘s father filed a petition before High Court of Kerala and was awarded her custody. Supreme Court recently called a submission ‘neat’: “High Court has adopted an approach which is not permissible… Thushara is admittedly a major… she has the right to […]
Read more "The Freedom of a Major Girl"Judge 4 of Indian Supreme Court, Justice Lokur, will retire this year. Earlier, he questioned the integrity of the Chief Justice. April, he has interestingly worded a decision. “The couldn’t-care-less and insouciant attitude of Union of India with regard to litigation, particularly in Supreme Court, has gone a little too far… Union of India must […]
Read more "Aggression of SC Judges"“Whether in the case of promotion from the Subordinate Judiciary or of direct recruitment from the Bar, the performance of the candidate would be best known to the High Court.” While judging so, SC in Gauhati High Court v. Goto Ete & Others, [Civil Appeal No. 4298 of 2018] quoted, with minor compliment, two paragraphs […]
Read more "The Revival of Ray I"An inquiry was sought into the circumstances of death of District Judge, Brijgopal Harikishan Loya. The petitions were essentially based on articles published in Caravan on November 20/21, 2017. The issue was whether the death of Judge Loya was due to natural causes or there are circumstances which raise a reasonable suspicion about an unnatural […]
Read more "The Sad Death of Judge Loya"P. Jaganmohan Reddy was born into an aristocratic, wealthy, and prominent family in Former Princely State of Hyderabad on 23 January, 1910. An uncle of Jaganmohan Reddy, though a Lincoln’s Inn Barrister, never practiced law. Jaganmohan Reddy was the first member of his family to practice law as a profession. He was 59 when he […]
Read more "The Kesavananda Bench III: Pingle Jaganmohan Reddy"“Writ of Quo Warranto cannot be issued on basis of assumptions, inferences or suspicion regarding factum of fulfillment of eligibility criteria. Being an extraordinary power, ordinarily such a Writ ought to be issued only on basis of indisputable facts leading to a singular conclusion – incumbent was in fact or in law disqualified to occupy […]
Read more "The Writ of Quo Warranto I"Last year, it was claimed before Bombay High Court, trailers of The State v. Jolly LL.B 2 projected Indian Judiciary and Indian Legal System in a derogatory manner. Court found there was a prima facie case of contempt. It constituted a Three-Member Committee, out of which Two Members were Lawyers. Bom HC’s ‘Legitimization of Special […]
Read more "The Last Word on Aiyaary"The Doctrine of Absolute Territorial Sovereignty is most often identified with an opinion prepared in 1895 by the 41st Attorney General of the United States, Judson Harmon, in response to a request by the Department of State for advice concerning a dispute with Mexico over the use of waters of the Rio Grande. Pursuant to […]
Read more "The Harmon Doctrine"“The enforcement of an Award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the Arbitral Proceedings. In Kotak Mahindra Bank Ltd., (2011) 4 LW 745 (Mad HC) […]
Read more "Execution of Final Arbitral Award / Deemed Decree"My Lord, Appeal – Not Maintainable under Section 50 of The Arbitration and Conciliation Act, 1996 – Maintainable under Section 13(1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? No. “Both The Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought into […]
Read more "Section 50 of The Arbitration Act II"There is a certain degree of lasciviousness that’s attached to crime or investigative reporting. Because the Police Force is predominantly male and while there are women crime reporters, men outnumber them easily; stories that emerge from CBI or from Police have an undeniable male gaze. And so the first reports of Anca Neacsu being arrested […]
Read more "Jailed Abroad: Platinum Blonde, Anca Neacsu"Witnessing Padmaavat unfold on screen, on its first day of release, was unique, especially since your smart phone kept reminding you of persistent violence. The casual viewer may have even ignored a woman threatening to immolate herself or even a policemen who stood guard, but the skeptic whispered if a riot broke out… on which […]
Read more "The Last Word on Padmaavat"Two months ago, Judges 2-3-4-5 of Supreme Court wrote a long letter to the Chief Justice, complaining of assignment of Benches without any rational basis. Last Friday [*January 12, 2018*], the Judges called a Press Conference, irreversibly provoked by the Bench chosen by the Master of the Roster [Chief Justice of India], to hear a plea […]
Read more "An Alleged Judicial Crisis on Swami Vivekananda’s 155"Supreme Court considered the ‘incorporation by reference’ issue in M.R. Engineers and Contractors Private Limited v. Som Datt Builders Limited, (2009) 7 SCC 696 (2 Judges). An important proposition in M.R. Engineers was a distinction Court made between “standard form contracts” and other contracts. Relying on observations in Russel on Arbitration, (23rd Edition, 2007) Court held, an Arbitration […]
Read more "Section 7(5) of The Arbitration Act II"The Fourth Chapter is intriguingly titled ‘Bloodless Murder: Defamation‘. Senior Advocate Pinky Anand and her daughter Gauri Goburdhun have stood by Sections 499 & 500, IPC in Trials of Truth: India’s Landmark Criminal Cases, (Shobhaa Dé Books, Penguin, 2017). Here is brief excerpt from pp. 61 to pp. 79: “The origin of defamation can be traced […]
Read more "Section 499, Indian Penal Code IV"
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