“Gurbaksh Singh Sibbia, (1980) 2 SCC 565 holds the field for number of years and the same has been followed by all Courts in the country. Therefore, Siddharam Satlingappa Mhetre, (2011) 1 SCC 694 is not correct law in light of the observations made in Paragraphs 42 and 43 in Gurbaksh Singh Sibbia. Salauddin Abdulsamad […]
Read more "Anticipatory Bail II"Supreme Court of India understands, Mahatma Gandhi > Bharat Ratna. Once upon a time, specifically on 23.01.1992, a press communique was issued from Rashtrapati Bhawan, New Delhi. “President is pleased to confer Award of Bharat Ratna posthumously on Shri Subhash Chandra Bose.” It was contended before SC, when a personality is higher and greater than […]
Read more "123 Netaji 123"“In Fletcher v. Bealey (1884) 28 Ch. D. 688 a quia timet action was asked for to interdict the tort of nuisance in order to prevent noxious liquid from flowing into a river. Pearson, J after referring to earlier Judgments on quia timet action then held: “I do not think, therefore, that I shall be […]
Read more "Quia Timet I"“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 I"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, 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 no […]
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, Sidharth Luthra submitted, ‘petty […]
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"“What is the meaning to be attached to the words ‘making of an imputation’ and ‘publishing of an imputation’? This question has been set out with clarity in Mohd. Abdulla Khan v. Prakash K., (2018) 1 SCC 615. “The difference between ‘making’ of an imputation and ‘publishing’ the same is: If ‘X’ tells ‘Y’ that […]
Read more "Section 499, Indian Penal Code V"“Erusian Equipment and Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 and Raghunath Thakur v. State of Bihar, (1989) 1 SCC 229 as well as Southern Painters v. Fertilizers & Chemicals Travancore Ltd., 1994 Supp (2) SCC 699; Grosons Pharmaceuticals (P) Ltd. v. State of U.P., (2001) 8 SCC 604 and B.S.N. […]
Read more "The Revival of Ray XXXV"On a lighter note, the following observations of Hon’ble Justice R.F. Nariman in BGS SGS Soma JV v. NHPC Ltd., [Civil Appeal No. 9307 of 2019] is interesting for the reason, it points out Hon’ble Chief Justice of India Dipak Misra failed to apply Hon’ble Justice Dipak Misra. The percentage of seriousness can be increased […]
Read more "Referred to Larger Bench XIII Criticized: Venue v. Seat, Arbitration"Whether providing for domicile/residence-based reservation in admission to ‘PG Medical Courses’ within State Quota is constitutionally invalid and is impermissible? If domicile/residence-based reservation in admission to ‘PG Medical Courses’ is impermissible, how State Quota seats, other than permissible institutional preference seats, are to be filled up? In Dr. Tanvi Behl v. Shrey Goel, [Civil Appeal […]
Read more "Referred to Larger Bench XXI (Answered): Residence-Based Reservation / The Revival of Ray XXXIV"“Section 11(6A) was added by The Amendment Act of 2015. Section 3 of The Amendment Act of 2019 insofar as it pertains to omission of this Sub-Section has not yet been brought into force. Omission of the Sub-Section is not so as to resuscitate law that was prevailing prior to The Amendment Act of 2015. […]
Read more "Section 11(6A) of The Arbitration Act"Justice Mookerjee held the following in Pulin Behari Das v. King Emperor, 16 CWN 1105. The acts of officers de facto performed by them within the scope of their assumed official authority, in the interest of the public or third persons and not for their own benefit, are generally as valid and binding as if […]
Read more "The De Facto Doctrine"The Networked Public – How Social Media is Changing Democracy is a good read, amongst other things, for all the thoughts it superbly footnotes. Amber Sinha has bravely questioned the moral authority of certain Former Chief Justices of India. Hon’ble Justice Dipak Misra quashed proceedings regarding a ‘bribery scandal’ that implicated him. Hon’ble Justice Ranjan […]
Read more "The Devil in Holy Water"“It is a well established position, when statutes are unambiguous, Courts must adopt plain and natural meaning irrespective of consequences [Nelson Motis v. Union of India, (1992) 4 SCC 711]. On a bare reading of Section 207 of The Criminal Procedure Code, 1973 no other interpretation is possible. We hold, ‘contents of the memory card/pen […]
Read more "Cloned Copy of Electronic Record"“The use of the term ‘assist’ in the proviso to Section 24(8) of The Code of Criminal Procedure, 1973 is crucial, and implies that the Victim’s Counsel is only intended to have a secondary role qua the Public Prosecutor. In our considered opinion, a mandate that allows the Victim’s Counsel to make oral arguments and […]
Read more "Section 24(8) of The Code of Criminal Procedure, 1973"“Justice S.R. Tendolkar, AIR 1958 SC 538 had postulated two conditions which must be satisfied for a classification to withstand a challenge under Article 14, namely: i) the classification should be founded on intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (ii) the differentia […]
Read more "The Nature of Judicial Power: Hon’ble Justice Sanjiv Khanna"
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