“We have grave doubts about the expediency of transplanting western experience in our country. Social conditions are different and so also the general intellectual level.” – Sikri CJI, Palekar, Dua, Beg and Ray JJ, Jagmohan Singh v. State of U.P., (1973) 1 SCC 20. This spelled disaster in Koushal, (2014) 1 SCC 1. The grave […]
Read more "#The377Debate I : The Grave Doubts of Our Lords"Tukhm-e-tasir, sohbat-e-asar It is the social mileu and lineage that chisel human character. “In the year 1915, a hundred years ago, India was entirely in the grip of the British. That same year, Mahatma Gandhi returned to India from South Africa. Salman Khan’s grandfather would join the police service of Holkar the following year. He […]
Read more "#NoJailForSalman"“A report suggested, 39 lakh sedatives and narcotic tablets, 1.10 lakh capsules, over 21,000 drug syrups and 1828 sedative injections apart from 8 kilograms of smack and 84 kilograms of ganja were awaiting disposal in Bathinda Police stores alone. The position is no better in other States especially those situate along international borders. The menace […]
Read more "The Drug Lords"The events that led to Mohd. Arif’s arrest are curious, to say the least. The accepted version of the story is this: “On 22.12.2000, at about 9 p.m. in the evening, some intruders started indiscriminate firing and gunned down 3 Army Jawans belonging to 7th Rajputana Rifles. This Battalion was placed in Red Fort for […]
Read more "The Red Fort Attack Never Happened"“Seeking transfer at the drop of a hat is inconceivable. An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has to be exercised cautiously and in exceptional situations, where it becomes necessary […]
Read more "The Real Apprehension in Transferring Cases I"My Lord, What is the difference between a ‘witness of facts’ and an ‘expert’? “Facts are facts and they remain and have to remain as such forever. The witness of facts does not give his opinion on facts; he presents the facts as such. However, the expert gives an opinion on what he has tested […]
Read more "Experts I: The Supreme Court of Pakistan"Hon’ble Justice Arun Mishra just quoted Hon’ble Justice Arun Mishra._____ My Lord, What is the law in the case of an accident arising out of composite negligence? “The law in the case of an accident arising out of composite negligence has been considered by a 3 Judges’ Bench of this Court in Khenyei v. New […]
Read more "Composite Negligence II"Ram Sunder Sen’s 12 year-old daughter was raped and murdered. One Narendra was arrested. Trial Court awarded Capital Punishment. Narendra filed an appeal before Madhya Pradesh High Court. HC allowed the appeal on the ground, prosecution failed to prove the chain of circumstances sufficient enough to connect Narendra with the alleged offence. Ram Sunder petitioned […]
Read more "What Happens to Ram Sunder Sen?"A lot of lives changed at 2:45 AM on 28.09.2002. Ravindra Himmatrao Patil should not be forgotten. “The evidence of Ravindra Patil is of very weak type“ “Still if he is considered as a partially reliable witness, then there is definitely a need for independent corroboration. In the considered view of this Court, apart from […]
Read more "Ravindra Himmatrao Patil, Who?"To convict for the offence punishable under Section 304-B, the following essentials must be satisfied: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; “Section 304B IPC does not categorize death as homicidal or suicidal or accidental. This is because death caused by […]
Read more "Landmark Judgment on Dowry Deaths"Dial D for Don chronicles adventures of a decorated Police Officer. The facts are intense. At the centre of it all is The Don. The Don always sells. And this book too will earn from his name, for the most part. There are other stories too. “Operation Desert Safari“, detailing the rescue of Thekkat Siddique from 12/22 […]
Read more "A Review of “Dial D for Don: Inside Stories of CBI Missions”"My Lord, What is a ‘Continuing Offence’? Deokaran Nenshi, (1972) 2 SCC 890 distinguished between continuing offences and offences committed once and for all. “A continuing offence is one which is susceptible of continuance and is distinguishable from one which is committed once and for all. It is one of those offences, which arises out […]
Read more "A Continuing Offence"Trivia 1: There is an irony in the name Franz Oberhauser. Franz, the half-brother of Bond, is the one who stays in the ‘other house’, the Oberhaus, the house other than Skyfall. Trivia 2: Growing up, what did Bond have for breakfast? Do we have a definitive scene of James Bond eating? He has ordered […]
Read more "James, James Bond"Tape records of speeches are “documents”, as defined by Section 3 of The Evidence Act, and stands on no different footing than photographs [See, Ziyauddin, (1976) 2 SCC 17]. They are admissible in evidence on satisfying the following conditions: (a) The voice of the person alleged to be speaking must be duly identified by the maker […]
Read more "Tape Records of Speeches"Crime stories are good reads. At the centre of State of Rajasthan v. Daud Khan, [Criminal Appeal No. 126 of 2010] is Cricket [India v. Pakistan], held on 24th March, 2004 at Gaddafi Stadium, Lahore. India won by 40 runs and thereby nailed the 5 match series 3-2. Javed Beg and Daud Khan had some […]
Read more "A 70 Feet Long Cricket Match"“You wait, little girl, on an empty stage For fate to turn the light on Your life, little girl, is an empty page That men will want to write on You are sixteen going on seventeen Baby, it’s time to think Better beware, be canny and careful Baby, you’re on the brink.” Oscar Hammerstein II, […]
Read more "Sixteen Going On Seventeen"My Lord, If 4 gms. of Heroin is recovered from an Accused, it would amount to a “small quantity”; but when the same 4 gms. is mixed with 50 kgs. of Powdered Sugar, would it be considered a “commercial quantity”? “In the mixture of a narcotic drug or a psychotropic substance with one or more […]
Read more "4 Grams of Heroin"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"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"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, […]
Read more "Anticipatory Bail I"
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