There is no bar on High Court’s power to reappreciate evidence against acquittal [Sangappa v. State of Karnataka, (2010) 3 SCC 686]. Cambridge Dictionary defines ‘exaggeration’ as “fact of making something larger, more important, better or worse than it really is.” Concise Oxford Dictionary defines it as “enlarged or altered beyond normal proportions.” These expressions […]
Read more "Exaggeration"Time fleets, generations grow, society changes, values and needs also change by time. There can be no denial, law should change with changing time and changing needs of society. Famous words of Justice Oliver Wendell Holmes Jr. in Towne v. Eisner, 245 US 425 (1918): “Word is not a crystal, transparent and unchanged; it is […]
Read more "Precedential Certainty / The Revival of Ray LXVI"In the present case, we are concerned with Article 224A. Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128 observed, if a person appointed under Article 224A was not considered to be a Judge of the High Court for the purpose of jurisdiction, powers and privileges, the question of appointing such a person would […]
Read more "An Alive Article 224A / The Revival of Ray LXV"Charles Sobhraj was arrested on 06.07.1976. Ever since he was lodged in Tihar Central Jail he was put in bar fetters and the fetters were retained continuously. “The sorrows of Sobhraj cannot be appreciated nor his constitutional claims evaluated without a fuller account of the bar fetter chapter of his jail life. I hold, bar […]
Read more "Charles, Charles Sobhraj"It was claimed in Hamdard National Foundation v. Hussain Dalal, 202 (2013) DLT 291 Yeh Jawaani Hai Deewani (2013, Dir. Ayan Mukherjee) contains some dialogues which injures the goodwill and reputation of Rooh Afza, a popular concentrated squash. It was admitted, Rooh Afza is a well-known trademark. Attention was drawn to Section 29(9) of The […]
Read more "Rooh Afza Returns"The Autobiography of a Half-Baked Indian. That’s what I ought to call my life’s story. The Great Indian Rooster Coop. Every evening on the train out of Surat, where they run the world’s biggest diamond-cutting and polishing business, the servants of diamond merchants are carrying suitcases full of cut diamonds that they have to give […]
Read more "The White Tiger"A ‘group of 34’ gathered in a public park to analyze their new-found hobby of collectively maintaining absolute silence for two hours, each day of one astrologically-permissible week. Of course, curiosity arose. There were those who wished to break the silence and there were those too who joined in, just to see where it all […]
Read more "Collective Maintenance of Absolute Silence"Titty, alias George Kurian, a Turtle, was seized. Veterinary Surgeon identified the Turtle, on inspection, as ‘Indian Flap Shell’. The scientific name is ‘Lissemys Punctata’. The Court, near immediately, directed the Turtle to be freed. Section 9 of The Wild Life (Protection) Act, 1972 prohibits hunting of any wild animal under Schedule I, II, III […]
Read more "Leo, Raph, Mikey, Don"Amish Devgan hosts ‘Aar Paar’ on News18 India and ‘Takkar’ on CNBC Awaaz. It remains difficult in law to draw the outmost bounds of freedom of speech and expression, the limit beyond which the right would fall foul and can be subordinated to other democratic values and public law considerations, so as to constitute a […]
Read more "Hate Speech / The Revival of Ray LVI"Section 2(b) of The Lotteries (Regulation) Act, 1998 of the Act defines, ‘lottery’ means a scheme, in whatever form and by whatever name called, for distribution of prizes by lot or chance to those persons participating in the chances of a prize by purchasing tickets. State of Bombay v. R.M.D. Chamarbaugwala, AIR 1957 SC 699 […]
Read more "Taxing Lottery"It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem, in the sense that it affects some High Courts far more than […]
Read more "The Persistent Illusion of Judge-Strength"Hello, this is Saurabh Maheshwari speaking, taking over from Lordship Keshav for only a short while. I am on way to meet my fiancée Prerna on Karva Chauth. A white cab came in. Anjali stepped out. She had her backpack with her, which seemed heavy and huge compared to her skinny frame. ‘Adi Mamu, what’s […]
Read more "One Arranged Murder"Parvez holds a Green Card, enabling him to reside in the US. He has resided in the US since 1985. Parvez Noordin Lokhandwalla allegedly forged and fabricated the Power of Attorney of Shalin Lokhandawalla. An FIR was registered in 2014. However, between 10.03.2015 and 10.01.2020, Parvez travelled between the US and India on 16 occasions. […]
Read more "The Fundamental Right to Travel Abroad"NLSIU, Bangalore has been in existence for some time now. The number of people who display the University, as, at least, a footnote in their identity, is distinctive. I came across my Super-Senior, Ruchika Chanana, while discussing on ‘Quirkier’, The NLSIU Alumni Newsletter. I am happy to have found a spot in ‘Quirkier’, Issue 1. […]
Read more "The Sadanand Sharma Trophy for Extramural Excellence"“We cannot obviously feed into a judicial computer all such… astrological imponderables in an imperfect and undulating society.” – Bachan Singh v. State of Punjab, (1982) 3 SCC 24. _____ Rule 55A of The Motor Vehicles Rules, 1994, framed and published by Madhya Pradesh, prescribes ₹ 10,000/- for reservation of a large series of registration […]
Read more "Life of Numbers"A. “West German Consul said, he had received information that, similar charges had been made against Hans Muller in Lebanon and in Egypt.” – Hans Muller of Nurenburg v. Superintendent, Presidency Jail, Calcutta, AIR 1955 SC 367. B. “On 15-9-1963, he left Delhi for Beirut under the name Donze Jean Claude, a French national. It […]
Read more "No Reservations, Lebanon"In Hindi-movies, there are quite a few library-scenes and scenes of a character reading. One may consider, When Eight Bells Toll (Alistair MacLean) in Aradhana (1969, dir. Shakti Samanta); You’ll Never Eat Lunch In This Town Again (Julia Phillips) in Khel (1992, dir. Rakesh Roshan); The Celestine Prophecy (James Redfield) in Dil To Pagal Hai […]
Read more "The Whiff of Money"“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and the statutory duty which replaced it was also absolute.” – Diplock L.J., Griffiths v. […]
Read more "Lord Wright / The Fall of Clock Tower"Shiva, who emerged from limitless pillar of fuel-less fire, is visualized sitting under the Pole Star, on a snow-capped mountain, in the shade of a banyan tree. Shiva’s holy city, Kashi, is located at a bend in the river Ganga where it turns and moves northwards instead of southwards. This reverse flow of the river […]
Read more "Rudra – Shiva"Even amidst realizations of minor privileges, one may still pray for safety. It’s certainly not the first thought to strike you when being driven around by a trustworthy friend in a Bayerische Motoren Werke Aktiengesellschaf car. I had a ticket for Seat No. 1D, bought with an additional expense of Rs. 1000/-, in my hand. […]
Read more "आओ कभी हवेली पे"