The Ninja
Judges are hard pressed animals. But they do not stand aloof on these chill and distant heights. Describing your Grandson as a Ninja with a Mask, is cute [on the part of Hon’ble CJI H.L. Dattu].
Read more "The Ninja"Author: Rudrajyoti Nath Ray
Unconditional Leave to Defend
My Lord, Defendant can always Defend? “In cases where the Defendant has raised a triable issue or a reasonable defence, the Defendant is entitled to ‘unconditional leave to defend’; leave is granted to defend even in cases where the Defendant upon disclosing a fact, though lacks the defence, makes a positive impression that at the […]
Read more "Unconditional Leave to Defend"The Significant Submissions of Salve
When Nariman J. and Senior Advocate, Harish Salve match wits, sparks are sure to fly. “We are of the view that the Learned Senior Advocate is attempting to raise submissions which have already been rejected by this Court. Quite apart from this, his submission is also beyond the prayer made. The Learned Senior Advocate’s argument […]
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Kunal Chatterji is so deep into the game of litigation, he must be considered an irresistible force. *Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649* was a resounding success. But, State of West Bengal v. Nemai Chandra Ghoshal & Anr., [Criminal Appeal No. 970 of 2012] is another feather in […]
Read more "State of West Bengal v. Nemai Chandra Ghoshal"Drafting Judgments/Literary Challenges
Is there a method to this madness? No. Use the following words in your decision: axe, vengeance, crusade, combat, contestation, discord, scuffle, surreptitious, Sphinx, Rome. Accepted. “The present appeal, by special leave, on a summary glance may appear that a victim who might have an axe to grind against the accused, the Respondent No. 2 […]
Read more "Drafting Judgments/Literary Challenges"“The Dismissal” of Hon’ble CJI Dattu
The Second Writ Petition on Parliamentary Disruptions: “Dismissed“. The Dismissal of Hon’ble CJI Dattu Decline/Dismissal :: Cockroach/Mosquito
Read more "“The Dismissal” of Hon’ble CJI Dattu"Anticipatory Bail I
My Lord, Leading Case on Anticipatory Bail? “A case which we would like to refer is, Judgment of a Division Bench of this Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors., (2011) 1 SCC 694. This case lays down an exhaustive commentary of Section 438 in an erudite fashion.” – Hon’ble Justice A.K. Sikri, […]
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My Lord, What is the Alexander Adair Roche, Baron Roche Principle? Where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other methods of performance are necessarily forbidden. “The origin of this rule is traceable to the decision in […]
Read more "Lord Roche I"Section 15(2) of the Arbitration Act I
My Lord, What is the meaning of the word ‘rules’ as appearing in Section 15(2) of The Arbitration and Conciliation Act, 1996? “Under Section 15(2) of the Act in a situation where the mandate of an Arbitrator terminates, a Substitute Arbitrator is required to be appointed according to the rules that were applicable to the […]
Read more "Section 15(2) of the Arbitration Act I"The Hindu’s Report on “The Decline” of Hon’ble CJI Dattu
“The Decline” of Hon’ble CJI Dattu
Not everybody has the opportunity to argue a Fresh PIL, on an issue concerning the Constitution, before Hon’ble Chief Justice of India. I had the opportunity today; and I must thank the Petitioner, Jan Shruti (People’s Voice) for the gumption it had to prefer Writ Petition (Civil) No. 626 of 2015. The movement against Parliamentary […]
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Gurdas Singh v. State of Punjab, [Civil Appeal No. 6691-6692 of 2015] mentions Lord Northbrook as the one who laid the foundation stone of Mohindra College, Patiala in 1874. Thomas George Baring, 1st Earl of Northbrook, was the Viceroy of India between 1872 and 1876. Francis Thomas Baring, 6th Baron of Northbrook, the great grandson […]
Read more "Lord Northbrook"Vaseline Intensive Care Heel Guard
Preliminary Reading: The Functional Utility Test, The Common and Commercial Parlance Test, The Drug Controller’s Registration Test, The Composition-Product Literature-Label & Character Test. My Lord, Vaseline Intensive Care Heel Guard is a Skin Care Preparation or a Medicament? “Vaseline Intensive Care Heel Guard, is marketed as a solution for cracked heels… essentially used for treatment […]
Read more "Vaseline Intensive Care Heel Guard"The Plea of Limitation IV: “First Learns”
My Lord, What is the meaning of the term ‘first learns’ as provided under Article 91(a) of The Limitation Act, 1963? “Article 91(a) of The Limitation Act reads: Description of Suit Period of Limitation Time from which period begins to run 91. For compensation – a) For wrongfully taking or detaining any specific movable property lost, […]
Read more "The Plea of Limitation IV: “First Learns”"Thank You, Murali
Thank You, Murali. Not too many people have a kind word to say about the Hon’ble High Court at Calcutta. But you had the gumption. And for that, you shall soon see, you will rise to the absolute top. I shall do anything and everything to protect the honor of Calcutta. For me, all else […]
Read more "Thank You, Murali"Obiter Observations of Chandrachud J
My Lord, State of Madras v. Gannon Dunkerley, [1959] 1 SCR 379 – Good Law? “It is interesting to note, a 7 Judge Bench in M/s. Vishnu Agencies (Pvt.) Ltd. v. Commercial Tax Officer, (1978) 1 SCC 520, doubted Gannon Dunkerley’s case by stating, its correctness would have to await a more suitable occasion in […]
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In appropriate cases, seemingly large amounts of compensation are justified. It is settled, inflation should be considered by while deciding on quantum of compensation. In (2014) 6 SCC 173, Hon’ble Justice T.S. Thakur observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies.“ The price of Mr. Sushil Ansal’s ‘Chalta Hai […]
Read more "Uphaar: The Gift of Freedom"Writ Court Appointed Committees
“A Writ Court should ordinarily not entertain a Writ Petition, if there is a breach of contract involving disputed questions of fact. When an issue arises whether in a particular State there are toilets for school children and there is an assertion by the State that there are good toilets, definitely the Court can appoint […]
Read more "Writ Court Appointed Committees"The Judicial Indiscipline of Justice Chelameswar
The legal position regarding the existence of a ‘fundamental right to privacy’ is doubtful in view of the Judgments in M.P. Sharma and Kharak Singh. In Justice K.S. Puttasamy (Retd.) v. Union of India, [Writ Petition No. 494 of 2012] the warning is clear: “If the observations made in M.P. Sharma and Kharak Singh are to […]
Read more "The Judicial Indiscipline of Justice Chelameswar"Per Incuriam I
My Lord, Per Incuriam? “In Mamleshwar Prasad, (1975) 3 SCR 834, Krishna Iyer, J., succinctly laid down what is meant by the per incuriam principle. He stated: “We do not intend to detract from the rule that, in exceptional instances, whereby obvious inadvertence or oversight a Judgment fails to notice a plain statutory provision or […]
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