“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]Read more "Be Kind Rewind, Strict Liability"
The technological age has produced digital platforms – not like the railway platforms where trains were regulated on arrival and departure. These digital platforms can be imminently uncontrollable at times and carry their own challenges. One form of digital platforms are the intermediaries that claim to be providing a platform for exchange of ideas without […]Read more "Facebook India"
While we were still shooting for Batwara, I attended a dinner party hosted by the Maharani of Jaipur with a few other members of the cast. A few players from the West Indies Cricket Team were also on the guest list, including their Captain at that time, Vivian Richards. I have always been crazy about […]Read more "Neena and Vivian"
Devdutt Pattanaik, Marriage – 100 Stories, (Rupa, 2021) has stories on – I. Origin, II. Singledom, III. Wooing, IV. Fidelity, V. Multiplicity, VI. Children, VII. Property, VIII. Barriers, IX. Heartbreak and X. Coupledom. The following is extracted from ‘III. Wooing’. Agastya Finds a Source of Income Rishi Agastya had to repay his debt to Ancestors […]Read more "Wooing and Marriage"
“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]Read more "Names in CBSE Certificates"
Iqbal Mohammed Memon alias Iqbal Mirchi was arrested in April 1995 and was discharged in September 1995 by Bow Street Magistrates’ Court [Magistrate Jeremy Connor]. The order was non-appealable. An extradition case dismissed before a proper trial shows an astonishing level of non-application of mind… Mirchi’s career, much like Dawood’s, started from tough and grimy […]Read more "Extraditable Fugitives III"
Danish Khan & Ruhi Khan, Escaped, (Penguin, 2021) is beautifully detailed. The number of facts cited must be appreciated. It doesn’t matter whether the story is on Vijay Mallya or successful extradition of Hansie Cronje times Sanjeev Chawla or forgotten excuses of Raymond Varley who brought Goa to disrepute. Each one will educate. Excerpt follows. […]Read more "Extraditable Fugitives II"
Gulu Ezekiel, Myth-Busting: Indian Cricket Behind The Headlines, (Rupa, 2021) is as fascinating to read as it must have been to research on and eventually write. “The whole idea is to bust long-held myths spread.” There are charming, structured anecdotes aplenty. Consider these: Farokh Engineer has been claiming, he was the First Indian Cricketer to […]Read more "Kapil’s 175*"
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"