Restitution of Conjugal Rights

Will a Husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his Wife if his Wife refuses to return to her matrimonial home? After having secured said restitution decree, Dinesh did nothing! He neither sought execution under Order XXI, Rule 32 CPC nor did he seek a divorce […]

Carrying Drugs on Private Ships

Court is of view, a seized vehicle is not liable to confiscation if owner can prove, the seized vehicle was used by accused without his knowledge or connivance and he had taken all reasonable precautions against such use of the seized vehicle by accused. Court is of opinion, there is no specific bar/restriction under The […]

Section 52A of The NDPS Act

The evidence collected during course of investigation in a legal and proper manner and sought to be used in course of trial with regard to a seized contraband substance could not be simply brushed aside on ground of a procedural irregularity committed. Union of India v. Mohanlal, (2016) 3 SCC 379 nowhere held, non-compliance or […]

Irretrievable Breakdown of Marriage IV

After a few mediation sessions before Supreme Court Mediation Centre, Sandesh submitted before us, he was not interested in pursuing a mediated settlement before Supreme Court Mediation Centre. However, Rinku and Sandesh agreed to attempt a mediated settlement before a Retired Judge of this Court. Consequently, Retd. Justice S. Ravindra Bhat was appointed as a […]

Review of Death Penalty XLII

We need to examine whether possibility of reformation is completely ruled out. Sambhubhai was 24, had no criminal antecedents and hails from a low socio-economic household as The Mitigation Investigation Report, filed by Project 39A, indicates. The Mitigation Report further indicates, Sambhubhai maintains family ties with his 64-year-old Mother who takes care of his 10-year-old […]

Review of Death Penalty XLI

Constitution Bench in Triveniben v. State of Gujarat, (1989) 1 SCC 678 held, while considering delay in execution of Death Sentence, period consumed in judicial process culminating in confirmation of Death Sentence should not be taken into consideration. The question of execution arises only when Death Sentence becomes final. An ‘inordinate’ delay in execution […]

The Revival of Ray XCVI

Therefore, res judicata impacts not only actual matter determined, but every other matter which parties might or ought to have litigated and have decided as incidental to or essentially connected with subject matter of litigation. It includes every matter coming into legitimate purview of original action, both in respect of matters of claim and defence […]

61.6 Grams of Charas

During course of hearing a practical test was conducted and it was found, said underwear was not of Andrew Salvatore’s size. _____ 04.04.1990: Andrew Salvatore, an Australian, travelling from Thiruvananthapuram to Mumbai, while undergoing frisking, was found to be in possession of 55 grams and 6.6 grams of charas. _____ M.R. Ajayan has submitted, he […]

The Nature of Judicial Power: Hon’ble Justice J.B. Pardiwala’s Dissent

In Re: Section 6A of The Citizenship Act, 1955, WP (Civil) No. 274 of 2009 Five-Judge Bench of this Court in Modern Dental College and Research Centre v. State of Madhya Pradesh, (2016) 7 SCC 353 observed, “Traditions that might have been acceptable at some historical point of time are not cast in stone. If […]

Review of Death Penalty XL

Eknath Kisan’s Daughter, Pramila was in inter-caste marriage. Learned Counsel for State of Maharashtra, Mr. Siddharth Dharmadhikari would contend, Courts have rightly awarded Death Sentence. Learned Senior Counsel, Dr. Aditya Sondhi has vehemently prayed, Eknath Kisan be acquitted. In alternative, it is prayed, Courts have failed to consider mitigating circumstances in proper perspective. Eknath Kisan’s […]

Justice Dr. D.Y. Chandrachud’s Tenure

Hon’ble Justice J.B. Pardiwala described, ‘tenure’ is derived from Latin: ‘tenere’, which means ‘to hold’.”[1] In a ‘tenure’ what does one even ‘hold’ considering Hon’ble Justice Dr. D.Y. Chandrachud himself declares, “We may not be masters of our destiny. Nor can we control what life has in store. What we can determine is how we […]

The Nature of Judicial Power: Caste in Prison Manuals

Our interpretation of the Constitution must fill silences in its text. Framers could not have anticipated every situation to arise in future. They also intentionally left certain decisions to discretion of future generations. However, choices we make today must align with broader constitutional framework and values. The fight against caste-based discrimination is not a battle […]

Shama’s Escape

‘Life is the art of drawing sufficient conclusions from insufficient premises.’ – Samuel Butler, Erewhon (1872). In present case, Appellants cleverly concocted a story of Shama escaping from their custody and created a record to buttress it. Not content therewith, Appellants also cooked up what is clearly a fabricated saga of Shama surfacing in Raipur and being convicted by a Railway […]

Broken Phones

Doctrine of Inchoate Crimes is a cornerstone of criminal jurisprudence. It is aimed at addressing legal culpability of those who engage in preparatory conduct. If unaware about Section 15 of The Protection of Children from Sexual Offences Act, 2012, this by itself does not give rise to a corresponding legitimate or reasonable ground to believe, […]

Preventive Detention Statute VI

There can be no doubt, it is not necessary to furnish copies of each and every document to which a casual or passing reference may be made in narration of facts and which are not relied upon by Detaining Authority. However, failure to furnish copies of such documents as are relied on by Detaining Authority […]

Surety

Whether it is to get individuals to stand as a guarantor for a loan transaction or as a surety in a criminal proceeding, choice for a person will very often be a close relative or a longtime friend. In a criminal proceeding, circle may get narrowed to protect one’s reputation. These are hard realities of […]

14,763.30 Grams of Gold

On 20.04.2021, an unaccompanied baggage of one Althaf Mossan Mukri was checked and 14,763.30 grams of contraband gold was found. On 27.12.2021, Althaf reached India. On 05.03.2022, Althaf was arrested. We are of opinion, Division Bench of HC should have followed view taken by another Division Bench of same HC, specifically when ‘grounds of detention’ […]

Contempt Jurisdiction XII

Parashuram Detaram Shamdasani v. King-Emperor, (1945) A.C. 264; M.Y. Shareef v. Hon’ble Judges of High Court of Nagpur, (1954) 2 SCC 444; Pushpaben v. Narandas Badiani, (1979) 2 SCC 394; Babu Ram Gupta v. Sudhir Bhasin, (1980) 3 SCC 47; Reliance Petrochemicals Limited v. Proprietors of Indian Express Newspapers, Bombay Pvt. Ltd., (1988) 4 SCC […]

Disciplinary Proceedings X

State of Andhra Pradesh v. S. Sree Rama Rao, AIR 1963 SC 1723; State of Andhra Pradesh v. Chitra Venkata Rao, (1975) 2 SCC 557; State Bank of India v. S.K. Sharma, (1996) 3 SCC 364; Union of India v. K.G. Soni, (2006) 6 SCC 794; State of Uttar Pradesh v. Man Mohan Nath Sinha, […]

Assessment of Statute

For over 50 yrs., High Court has been disposing of Writ Petitions raising claims or challenges to exercise of powers or dereliction of duties under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The propensity and proclivity of 1971 Act to generate litigation are worrisome. The exasperation of High Court is understandable. Court […]

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