“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"A meeting was called by Chief Justice of India after Bomb Blasts outside Delhi High Court on 07.09.2011. Court on its Administrative Side, after deliberations with Delhi Police, prohibited vendors to squat along the perimeter of Supreme Court. There is a road called Bhagwan Das Road after Supreme Court compound wall. After crossing the road, […]
Read more "Safety and Security of Supreme Court"The Last Word: As per standards of Hurra, (2002) 4 SCC 388 a Curative Petition shall be circulated amongst “3 Senior-Most Judges” of SC and “Judges who passed the Judgment complained of, if available”. When a Majority concludes, a hearing is required – it should be listed. Hon’ble Justice Dipak Misra: “Needless to say, the availability […]
Read more "The Yakub Hanging"Review Petitions, Curative Petitions, Mercy Petitions, Media Petitions are all variations of soft law jurisprudence. Judges are soft. As per standards of Hurra, (2002) 4 SCC 388 a Curative Petition shall be circulated amongst “3 Senior-Most Judges” of SC and “Judges who passed the Judgment complained of, if available”. When a Majority concludes, a hearing is […]
Read more "My Name is Memon"“Needless to say that to constitute an offence punishable under Section 406, IPC the essential ingredient is the ‘entrustment’ of the property. It is only after entrustment is shown, it can be said that there was criminal breach of trust. In Ram Narayan Popli, (2003) 3 SCC 641 this Court, per Majority, has explained ‘entrustment’ […]
Read more "Section 405/406, Indian Penal Code I"“It may not always be safe for a Writ Court to decide issues and facts having great impact on general public or a large part of it only on basis of Oath against Oath.” – Hon’ble Justice Dipak Misra, Riju Prasad Sharma v. State of Assam, [Civil Appeal Nos. 3276-3278 of 2013]. ‘Oath against Oath’ […]
Read more "Oath Against Oath"It is settled law, in a case of composite negligence, where injuries have been caused to the claimant by the combined wrongful act of joint tortfeasors, the liability is always joint and several. In Khenyei v. New India Assurance Company Ltd., [Civil Appeal No. 4244 Of 2015] it has been considered, “the claimant has the […]
Read more "Composite Negligence I"On 27.07.2013, 480 drums of Butanone (CH₃CCH₂CH₃) were dispatched from Taiwan by vessel Zim Djibouti, with the port of destination shown as Nhava Seva Port, India. Butanone is a drug percusor, i.e., a substance that can be used to make illicit drugs. Is there an express prohibition on import of a controlled substance, pending grant […]
Read more "Zim Djibouti"“As per law enunciated in Lalita Kumari v. Govt. of Uttar Pradesh, (2014) 2 SCC 1 registration of FIR is mandatory under Section 154, if information discloses commission of a cognizable offence and Police Officers are duty bound to register same.” 3 Judge Bench, In Re: Indian Woman Gang-Raped, (2014) 4 SCC 786. “Thus, this […]
Read more "Lalita Kumari II"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 man in question is Mr. Sushil Ansal. On 07.08.2011, Mr. Ansal had his book “Brick by Brick” unveiled by Maharaja Gaj Singh of Jodhpur at a glittering ceremony held at Rambagh Palace, Jaipur. […]
Read more "Referred to Larger Bench III: The Chalta Hai Attitude"There had been divergent judicial opinions on the issue whether a Police Officer is bound to register a FIR upon receiving any information relating to a commission of a cognizable offence. While some opinions granted the Police Officer the latitude of conducting a preliminary inquiry to test the veracity of the information received, some others […]
Read more "Lalita Kumari I"Can a truly blasphemous libel escape criminal action? Former Hon’ble Chief Justice of India A.S. Anand was attacked once as regards his true age. Mr. Ram Jethmalani had no little role to play in that debate. Shall SC feel safe for itself, even if it does for all else? This one shall stand Referred to […]
Read more "Section 499, Indian Penal Code I"“It is essential to address the issue of propriety and the conceptual parameters or conceptions based on well-accepted norms and paradigms to exercise the power of this Court under Article 136 of the Constitution. In Arunachalam v. P.S.R. Sadhanatha, (1979) 2 SCC 297 it has been expressed thus: “The power is plenary in the sense that […]
Read more "Article 136 and Criminal Appeals I"1999, Assassin Films produced “East is East“, commended as Best British Film at BAFTA Awards. Their recent production, “India’s Daugther”, has received much criticism. East is East. Theodore Bundy’s credentials as a criminal are shocking. Stephen G. Michaud and Hugh Aynesworth received requisite permission to interview him. I do not credit Reporters/Investigators/Politicians with the foresight, years […]
Read more "Journalism/Voyeurism"The objective, authored by Souvik Bhadra and Pingal Khan and published by Rupa Publications, appeals to those who are fond of trivia. They have done well to avoid the temptation of being verbose. On the downside, it lacks the forceful, biting insight that I was hoping to find. These facts one shall be happy to […]
Read more "A Review of “Red Handed: 20 Criminal Cases That Shook India”"The Narcotic Drugs and Psychotropic Substances Act, 1985 is to “consolidate and amend the law relating to narcotic drugs and to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances et cetera…” [See, Narcotics Control Bureau vs. Kishan Lal, (1991) 1 SCC 705]. Section 37 has been […]
Read more "Section 37 of The NDPS Act I"
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