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 […]
Read more "Review of Death Penalty XL"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 […]
Read more "Justice Dr. D.Y. Chandrachud’s Tenure"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 […]
Read more "The Nature of Judicial Power: Caste in Prison Manuals"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, […]
Read more "Broken Phones"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 […]
Read more "Preventive Detention Statute VI"Chand Diwan v. Jawaharlal Diwan, (1993) 3 SCC 406 squarely covers point. We find no ground to disbelieve, fact of her previous marriage was not concealed from her present husband. A bigamous marriage may be declared illegal. But, it cannot be said to be immoral so as to deny even right of alimony or maintenance […]
Read more "Referred to Larger Bench XXXIX (Answered): Maintenance in Bigamy"“Another study of 800 Movies showed, ‘nudity’ is a negative predictor of Box Office Revenue in U.S. (A. Cerridwen and D.K. Simonton, 2009).” – Smt. K.B. Valsalakumari, I.A.S. (Retd.)-Principal Secretary (Retd.), Government of Kerala in ‘Report of Expert Committee constituted by Government of Kerala‘. _____ U.S. Domestic Gross for Ang Lee’s Lust, Caution (2007) was […]
Read more "Caution for Lust in Hollywood"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, […]
Read more "Disciplinary Proceedings X"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 […]
Read more "Assessment of Statute"“Earth teaches us patience, love; Air teaches us mobility, liberty; Fire teaches us warmth, courage; Sky teaches us equality, broad-mindedness; Water teaches us purity, cleanliness.” State of Bihar v. Murad Ali Khan, (1988) 4 SCC 655, speaking through Venkatachaliah J, observed, “‘Every source from which man has increased his power has been used to diminish prospects of […]
Read more "The Doctrine of Intergenerational Equity"Haridas Das v. Usha Rani Banik, (2006) 4 SCC 78 while reiterating decisions in Aribam Tuleshwar Sharma v. Aribam Pishak Sharma, (1979) 4 SCC 389 and Meera Bhanja v. Nirmala Kumari Choudhury, (1995) 1 SCC 170 drew out narrow contours within which review jurisdiction of this Court had to be exercised and held, Order XLVII, […]
Read more "The Nature of Judicial Power: Powers of Review of Supreme Court II"What cannot be done directly, cannot be done indirectly. It is apt to refer to a decision of a Division Bench of Karnataka High Court in Nalini Sunder v. GV Sunder, AIR 2003 Kar 86. It was held, a party could not make out a case on basis of evidence for which he/she has laid […]
Read more "Forfeiture of Right to File Written Statement"We do not find any infirmity, much less any perversity, warranting any interference by this Court. However, there is one aspect which requires clarification. Doctrine of Legitimate Expectation does not always result in relief. A protection of legitimate expectation is subject to overriding public interest. Even if an individual’s expectation is reasonable and based on […]
Read more "The Doctrine of Legitimate Expectation VI"“It would be very wrong to say, under a particular statute, bail cannot be granted.” According to Police, Sheikh Javed Iqbal had confessed, he was engaged in illegal trade of supplying counterfeit Indian currency notes in Nepal. Sheikh Javed Iqbal was arrested on 23.02.2015. We are in July, 2024. 9 years have gone by. A […]
Read more "Bail for Sheikh Javed Iqbal and Ors."It is a fact, certain High Courts maintained a view, sentencing to undergo ‘imprisonment till rising of Court’ would be no sentence at all according to law. It cannot be said, imposing a sentence of ‘imprisonment till rising of Court’ is impermissible or an action amounting to evasion of statutory provisions. However, we have no […]
Read more "Flea-Bite"We are examining legality of arrest of Arvind Kejriwal on 21.03.2024. Gifford v. Kelson, (1943) 51 Man. R 120 accurately explains difference between “reasons to believe” and “suspicion”. “Suspicion” requires lower degree of satisfaction and does not amount to belief. An arrestee should be furnished “reasons to believe” to enable him to exercise his right […]
Read more "Referred to Larger Bench XXXVIII: Necessity to Arrest"Nachiketa Walhekar v. Central Board of Film Certification, (2018) 1 SCC 778 held, Court will be extremely slow to restrain creative works, once Board had approved exhibition. The context, intention and overall message must be considered before protection of free speech is lifted. We have heard Sanjoy Ghose, Senior Counsel and Jai Anant Dehadrai, Counsel […]
Read more "Able Disable All People Together II"“Let justice be done though the heavens fall” In early hours of 19/05/2024 a ghastly incident killed 2 young individuals in Pune and cause for same happened to be a Porsche rashly driven by Master X, a child in conflict with law. On very same day, he came to be released on bail. Juvenile Justice […]
Read more "Fiat Justitia Ruat Caelum, Again"State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657 did not dispute, a statute of limitation only bars a remedy and does not extinguish a debt. It would also be apposite to point out, recently, K.C. Ninan v. Kerala State Electricity Board, 2023 INSC 560 noticed V.R. Kalliyanikutty and concluded, a statute of limitation […]
Read more "Referred to Larger Bench XXXVII: Limitation and Debt"Time and again Court has said, there should not be any element of political consideration in matters like appointment of a Public Prosecutor. The only consideration for Government should be ‘merit’. A good, seasoned and experienced Public Prosecutor will not only bring contradictions on record, but will also cross-examine a hostile witness at length. It […]
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