“In a Judgment reported as HMT Ltd. v. Mudappa, (2007) 9 SCC 768 quoting from earlier Judgment of this Court reported as State of A.P. v. Goverdhanlal Pitti, (2003) 4 SCC 739 it was held that ‘legal malice’ or ‘malice in law’ means ‘something done without lawful excuse’. It is an act done wrongfully and […]Read more "Legal Malice"
My Lord, Judges in Md. Serajuddin, (1975) 2 SCC 47? Five. Hon’ble Judges H.R. Khanna, K.K. Mathew, M. Hameedullah Beg, Y.V. Chandrachud. Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. “A Constitution Bench of this Court in Md. Serajuddin, (1975) 2 SCC 47 has held that expression ‘in the course’ implies not only a period […]Read more "The Revival of Ray XXXVIII"
It is not our forte to answer whether it is better to be free than secure or be secure rather than free. However, we are here only to ensure that citizens are provided all the rights and liberty to the highest extent in a given situation while ensuring security at the same time. There is […]Read more "The Revival of Ray XXXVII"
Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Siddharth Luthra submitted that, […]Read more "Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015"
Nine Judge Bench decisions of Supreme Court possess a pattern. The last one was Justice K.S. Puttaswamy, (2017) 10 SCC 1. It had happened only once before in Indra Sawhney [1992 Supp (3) SCC 217] that, a CJI, despite being on a Nine Judge Bench, did not author a Judgment. It is of further interest, […]Read more "Nine Judge Benches / The Revival of Ray XXXVI"
Hon’ble Chief Justice of India is as important as Hon’ble Prime Minister. 2010-2020 has witnessed 11 CJIs and 2 PMs. One wonders why 65 is the retirement age for a Supreme Court Judge. He cannot be presumed to be dysfunctional post-65, if at 69 one can be an effective PM. 2000-2010 had witnessed 9 CJIs; […]Read more "The Nature of Judicial Power: An Ungodly Jumble"
538 is the number of former students of National Law School of India University, Bangalore [NLSIU] who ‘demanded’ repeal of The Citizenship (Amendment) Act, 2019 [CAA]. They extended unconditional support to all those who choose to exercise their fundamental right to speech and assembly to ‘express dissent peacefully’. 402 is the number of former students […]Read more "The Myth of Peaceful Protest"