October, 1980 – Abdul Rahman Antulay set up Indira Gandhi Pratibha Pratisthan Trust which had Respondent Nos. 2 and 3 as Trustees. It was a prayer, Court should issue a Writ of Quo Warranto declaring Respondents Nos. 2 and 3 disqualified from continuing to hold office. _____ This constitutional action stands in a class by […]
Read more "Indira Jaising"As discussed, right to privacy is not inheritable by heirs of deceased. Plaintiffs may have been successful if their personal right to privacy was in any way being infringed by making of this movie. But, unfortunately, no such circumstance has been pleaded by Plaintiffs. It is asserted, Plaintiffs are entitled to be left alone, to […]
Read more "Faraaz"The ‘essential religious practices’ of followers of Sikh faith cannot be made basis of wearing of Hijab/Headscarf by believers of Islamic faith. _____ Secularism is more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions. Equality before law cannot be breached by State on basis of […]
Read more "Referred to Larger Bench XXXII: Hijab II"The concept of dignity forms the very foundation to the Constitution and the rights enshrined in it [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225]. _____ Statutes are considered to be ‘always speaking’ [Dharni Sugars and Chemicals Ltd. v. Union of India, (2019) 5 SCC 480]. Court’s power to purposively interpret a statutory […]
Read more "Lord Hale’s Ghost Returns"In 1968, Hague-Visby Rules introduced a modified version of International Convention for Unification of Certain Rules of Law relating to Bills of Lading [Hague Rules, 1924]. Hague-Visby Rules are enacted into English law by Carriage of Goods by Sea Act, 1971. Hague/Hague-Visby Rules were widely adopted internationally. Hamburg Rules were not accepted and Rotterdam Rules […]
Read more "Bills of Lading"15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]
Read more "Exhumation"Dauvram, for murder of Brother-Dashrath, was convicted under Section 302, IPC. In our opinion, this case will fall under Exception 1 to Section 300, IPC. K.M. Nanavati v. State of Maharashtra, 1962 Supp (1) SCR 567 interpreted Exception 1 to Section 300. For determining whether or not the provocation had temporarily deprived power of self-control, […]
Read more "Provocation"There was unrest and violence all across State of Gujarat… It is only because of Mr. Sanjiv Bhatt and Mr. Haren Pandya, who unabashedly claimed to be privy to utterances made, Court was required to move into action taking serious note of same. But, after thorough investigation by SIT, falsity of such claim has […]
Read more "Abhorrent Godhra"CAUTION: NOT ALL IS REVEALED, NOT ALL IS EXPLAINED “Bhai, I want you to come with me…” he paused, unsure. “Where to?” Gourango blurted out impatiently. “To the Nizamuddin Dargah. Today is Thursday. They have qawwali singers who shall sing for the Saint. I am going. I would be so honoured if you would come […]
Read more "How Gourango Lost His O"What looms before us is Lord Hale’s Ghost. Exception 2 to Section 375, IPC is referred to as Marital Rape Exception. MRE is bad in law as it violates Article 14. A ‘conjugal expectation’ to have sexual communion is not to be equated with an unfettered right to have sex without consent. J. Sai Deepak’s […]
Read more "Conjugal Expectation of Lord Hale’s Ghost"Law recognizes three types of possession – of an owner, as a tenant and permissive possession, possession which otherwise would be illegal or of a trespasser. We are concerned with permissive possession. The possession of Rajendra Prasad Agarwal and Meera Agarwal in a room of an Old Age Home is of a licensee permitted to […]
Read more "Care for Elders ≠ Old Age Home"“Basic Structure Doctrine is applicable in Kenya” had only Lady Justice, Fatuma Sichale’s Dissent. My Lord, Independent Electoral and Boundaries Commission v. David Ndii, Petition No. 12 of 2021 before Supreme Court of Kenya at Nairobi? 6-1, Friend. Lady Justice, P.M. Mwilu, Deputy Chief Justice & Vice-President of Supreme Court of Kenya: If there were […]
Read more "The Doctrine of Basic Structure III"A person who seeks refuge under umbrella of Article 25 has to demonstrate not only ‘essential religious practice’ but also its engagement with constitutional values. There is absolutely no material placed on record to prima facie show wearing of Hijab is a part of an ‘essential religious practice’ in Islam. It is not so, if […]
Read more "Hijab I"Whether, and if so where, an employee should be posted are matters which are governed by exigencies of service; an employee has no fundamental right or a vested right to claim a transfer or posting of their choice; individual convenience of persons who are employed in service is subject to overarching needs of administration. Court […]
Read more "Proportionality in Culture of Justification II"There are no materials. A photocopy of a Ration Card, unsupported by any other material, does not even prima facie establish Shri Babuji Rawji Shah was adopted by Gangubai. A film carrying a message and depicting social circumstances of a group of underprivileged women is not impermissible. Nowhere has Shri Babuji Rawji Shah adverted to […]
Read more "Mafia Queens of Mumbai"Supreme Court of India (SC) held in Deena v. UoI, (1983) 4 SCC 645, hanging by neck is scientific and least painful. SC has also held, only ‘rarest of rare’ issues, literally meaning rarest even in rare, allow passing of a death sentence. A punishment of death is imposed when life imprisonment is absolutely inadequate. […]
Read more "Mitigating Death Sentences"The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]
Read more "The Nature of Judicial Power: Article No. 1101"Dibrugarh offered a simple, uncomplicated lifestyle and we grew up in a milieu with a consistent feel-good ambience. My greatest satisfaction as a Lawyer was, help I could render to my Father outside Court when he had faced a disqualification under Tenth Schedule in 1994. P.K. Goswami, Senior Advocate, represented my Father. Amitava Roy [Retired […]
Read more "Justice Ranjan Gogoi’s Justice"Court has propounded several tests for determining reasonableness for purpose of Article 19(1)(g). These have ranged from testing restrictions for arbitrariness [Dwarka, AIR 1954 SC 224; Shree Meenakshi Mills, AIR 1974 SC 366], excessiveness [Chintaman Rao, AIR 1951 SC 118] and discerning their objective of compliance with Directive Principles of State Policy [Saghir Ahmad, (1955) […]
Read more "Proportionality in Culture of Justification I"United Nations Conference on Human Environment at Stockholm in 1972, United Nations Conference on Environment and Development known as Rio de Janeiro Earth Summit in 1992, World Summit on Sustainable Development in Johannesburg in 2002 and Glasgow Climate Change Conference in 2021 have all voiced grave concerns about global environmental degradation resulting in extinction of […]
Read more "Environmental Jurisprudence II"
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