Women Officers

Air Force has continually opened new Combat Air Force Roles for Women as Fighter Pilots, Helicopter Pilots, et cetera. It does not stand to reason, when Women Officers like Captain Ojaswita Shree, Major Dwipannita Kalita and Flight Lieutenant Shivangi Singh can operate behind enemy lines with all expected risks, why Women Officers in times of […]

Where Eagles Dare

The Chief Justice of India bears a significant moral responsibility to ensure, Judiciary functions in a transparent, efficient and constitutionally appropriate manner. The Chief Justice of India is clearly an important person in maintaining institutional interest and credibility. The Chief Justice of India owes a duty to keep our justice delivery system pure, clean and […]

Dilly-Dally

The only purpose of entrusting work of adjudicating Disqualification Petitions to a Speaker/Chairman was to avoid dilly-dallying in Courts or the Election Commission’s office. The question we have to ask ourselves is, whether the trust which Parliament entrusted has been adhered to? Kihoto Hollohan v. Zachillhu, 1992 Supp (2) 651 was not expected to anticipate, […]

Compensatory Jurisprudence of Constitutional Courts XV : Custodial Violence II

Khursheed [Police Constable-Baramulla] on 17/02/2023 received a signal from Aijaz Ahmad Naiko [Deputy Superintendent of Police-Kupwara] to report on 20/02/2023. The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by complete mutilation of Khursheed’s genitalia, represents one of the most barbaric instances of Police atrocity which State is trying to defend […]

Ratio Decidendi IV

Secunderabad Club v. CIT, 2023 INSC 736 had occasion to delineate how to cull out ratio decidendi and identify principles which have precedential value. Further, a simple test has been invoked by this Court. Professor Eugene Wambaugh’s ‘Inversion Test’ mandates, to determine whether a particular proposition of law is part of ratio decidendi, either that […]

Spill the Beans

R.M. Malkani v. State of Maharashtra, (1973) 2 SCR 417 is locus classicus on determining admissibility of a tape-recorded conversation. When this Court decided Yusufalli Esmail Nagree v. State of Maharashtra, AIR 1968 SC 147 and R.M. Malkani, devices like tape-recorders and microphones were carefully placed in a space wherein conversations could be secretly recorded […]

Narco-Analysis

For purposes of clarity, a narco-analysis test is an interrogation method whereby a suspect of a crime is injected with a psychoactive drug under controlled conditions to suppress their reasoning power or ability to determine what is good/bad for themselves. Selvi v. State of Karnataka, (2010) 7 SCC 263 held involuntary administration of this test […]

Entertainments

The expression ‘entertainments’ is a word of general import and in common parlance includes cinema shows, dramatic performances. The expression ‘entertainments’ used in Entry 62 – List II does not draw a distinction between one who derives amusement and one who caters to it. It covers both categories. Court has interpreted the expression ‘entertainments’ in […]

Minimum Service Tenure

Niranjan Shankar Golikari v. Century Spinning and Manufacturing Co., 1967 SCC OnLine SC 72 made a distinction between restrictive covenants operating during subsistence of an employment contract and those operating after its termination. This view was reiterated by Justice A.P. Sen, in concurrence, in Superintendence Company (P) Ltd. v. Krishan Murgai, (1981) 2 SCC 246. […]

Referred to Larger Bench XL: Minister’s Spouse

We reiterate, suspicion, however strong, cannot take place of evidence. – Hon’ble Justice Ahsanuddin Amanullah, P. Nallammal v. State, [Criminal Appeal No. 2489 of 2025]. Our disagreement is on culpability of P. Nallammal, Wife of since deceased A.M Paramasivam. There is no doubt, mere registration of ‘disproportionate assets’ in name of a Public Servant’s Relative […]

Judges & Politicians & Social Media

Were this an ordinary civil suit, we could have possibly applied ‘preponderance of probabilities’ which may have resulted in some leeway and latitude in favour of D. Kumar (Election Petitioner) and against A. Raja. However, as per J. Chandrasekhara Rao v. V. Jagapathi Rao, 1993 Supp (2) SCC 229 and M. Chandra v. M. Thangamuthu, […]

Mini Trial

R.P. Kapur v. State of Punjab, 1960 SCC OnLine SC 21 enumerated category of cases where inherent powers may be invoked to quash a criminal proceeding. But, “High Court would not embark upon an enquiry as to whether evidence in question is reliable or not. Ordinarily it would not be open to any party to […]

The Najakat Conflict

Although in Paragraph 45 of State of Maharashtra v. Najakat Alia Mubarak Ali, (2001) 6 SCC 311 view of Hon’ble K.T. Thomas J did have concurrence of Hon’ble S.N. Phukan J, bare reading of view expressed in Paragraph 44 accords with dissenting view of Hon’ble R.P. Sethi J. We attempted a reconciliation of conflicting views. […]

Disciplinary Proceedings XI

In a battle between a mighty lion and a weak lamb, should Courts put those weak to sword for not having demonstrated ‘prejudice’ when a brazen violation of law declared by a Constitution Bench is brought to its notice? Why should those mighty not be made answerable as to why an enquiry report has not […]

Compensatory Jurisprudence of Constitutional Courts XIV

Constitution Bench of this Court in Union of India v. H.C. Goel, AIR 1964 SC 364, pointed out, in carrying out purpose of rooting out corruption, mere suspicion should not be allowed to take place of proof even in domestic enquiries. That scrupulous care should be taken to see innocent are not punished, applies as […]

Ordinary Man

We observe a tendency on part of Members of Bar to rely upon a large number of decisions, whether relevant or irrelevant. Multiple decisions are cited on same proposition of law. This makes hearing time-consuming. Courts permit written submissions. Very long written submissions come on record. A high monetary stake should not result in unnecessarily […]

The Doctrine of Prospective Overruling III

Manoj Parihar v. State of Jammu and Kashmir, (2022) 14 SCC 72 opined, Doctrine of Prospective Overruling must be exercised in explicit terms and therefore, law declared by this Court would have a retrospective effect unless stated otherwise. It would not be an absolute rule, prospective overruling or prospective operation of a decision must be […]

The Drastic Power of Rejecting a Plaint VIII

Section 15(2) of the Copyright Act, 1957 clarifies, copyright protection in any ‘design’, which is capable of being registered under The Designs Act, 2000 but is not registered, would terminate once such ‘design’ is applied to any article and reproduced in excess of 50 times by an industrial process either by owner or a licensee. […]

Language of Courts II

“When you learn a language, you don’t just learn to speak and write a new language. You also learn to be open-minded, liberal, tolerant, kind and considerate towards all mankind.” Before language became a tool for learning, its earliest and primary purpose was, and will always remain to be, communication. Coming back to our case, […]

As Soon As Possible / The Revival of Ray XCVII

A treasure trove of questions, hidden in seemingly innocuous and plain language used in Article 200, has opened up. The question of whether Governor is bound to act on aid and advice of Council of Ministers in all circumstances, fell for consideration of this Court in Samsher Singh v. State of Punjab, (1974) 2 SCC 831. It is […]

The Last Word

A Diversion for Lawyers and Others

Judges, Judgments & Lawyers