Purity of Character II

“There can be no rule of law, there can be no democracy unless there is a strong, fearless and independent Judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District Judiciary. Most litigants only come in contact with the District Judiciary. They cannot afford […]

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The primary function of the Courts is to interpret and apply the laws according to the will of those who made them and not to transgress into the domain of policy-­making. It is not for the Court to pronounce policy. It cannot term a particular policy as fairer than the other. Courts must exercise restraint. “Untouchability […]

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Ex Turpi Causa Non Oritur Actio

Kedar Nath Motani, (1960) 1 SCR 861 had an occasion to consider the question of application of the maxims ‘ex turpi causa non oritur actio‘ and ‘ex dolo malo non oritur actio‘. The Three-­Judge Bench, speaking through M. Hidayatullah, J. (as His Lordship then was), observed thus: “The correct position in law, in our opinion, […]

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Appointment of Justice

“I am glad that Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with the appointment of Judges to the Supreme Court of India. From time immemorial, mankind desired to have wise and humane Judges with the wisdom to discriminate between truth and falsehood. The legends of King Solomon and Dharmaraja and […]

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The Revival of Ray XXX

“It is settled law that the fundamental right under Article 30 cannot be waived. The historical reasons for enacting Article 30(1) have been set out in some detail in the Judgment of Shelat, J. and Grover, J. in Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225. This was further fleshed out in the […]

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Judges and Astrology III

Mysteries all around! Here is a mnemonic: “Great Britain resident, Mr. Noble Boris, likes ketchup, chips; black raspberry, kraft singles. Not so greedy, Mr. Boris, swims, jogs. Good relaxation settles reactive minds. Kindly greet/kiss/bless because Mr. Boris rationalizes respect.” 1 2 3 Here you Go! “Great Britain Resident, Mr. Noble Boris, Likes Ketchup, Chips; Black […]

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