Fredda Brilliant Marshall

Fredda Brilliant was brilliant, indeed. Thus, her art adorns Supreme Court of India. Freda or Fredda? “One afternoon the sculptress, Freda Brilliant, and her husband, Herbert Marshall, dropped in to see me. She came in with open arms, pouring out a stream of endearments. ‘Darling, darling Khushy! How are you?’ They had been to an […]

Review of Death Penalty VIII

Accused was a 22-Year-Old B.SC. student at the time of incident, and used to impart tuitions in the town of Lahar and in the village where he used to live. He had no prior criminal history. Trial Court awarded Death Sentence. Learned Senior Counsel Sanjay R. Hegde drew attention to the fact he was just […]

Contempt Jurisdiction II / The Revival of Ray XV

“It is high time we re-arranged our law so that the ancient but misleading term ‘Contempt of Court’ disappeared from the law’s vocabulary [Lord Scarman, Attorney-General v. British Broadcasting Corporation, [1980] 3 All ER 161]. It is important to remember that while considering the question of disobedience of an Order, what must be regarded is […]

I, Eye-Witness

Md. Aziz Ali, Md. Kutub Ali, Md. Mamud Ali and Samir Ali, fast asleep in their home in the early hours of the morning, oblivious to their imminent fate, were mercilessly murdered in a barbaric manner by armed accused, without any instigation or provocation. The incident took place at about 06.00 A.M. on 09.11.1995. Though […]

Might and Ought

Hon’ble Justice S Rangarajan in Delhi Cloth & General Mills Co. Ltd., ILR (1975) II Delhi 174 noticed: “The words employed – might and ought – are cumulative; they are not in the alternative.” The words ‘might’ and ‘ought’ are used in a conjunctive sense. Lord Morris in Kameswar Pershad, 1892 SCC Online PC 16 […]

Judicial – Bench Strength – Decorum I / The Revival of Ray XIV

Power of Judicial Review, High Court [Article 226], Supreme Court [Article 32]: Integral and Essential Feature; Basic Structure of Constitution [L. Chandra Kumar, (1997) 3 SCC 261]. Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Bench of Coordinate Strength/Larger Strength or a Higher Forum. ✔ Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Smaller Bench of Lesser Strength. ✘ […]

Unchartered Ocean of Policy Decision I / The Revival of Ray XIII

“For Muslims, place of birth of Hazrat Muhammed, i.e. Saudi Arabia, is the most sacred place. Visiting that place is pilgrimage for Muslim community, which is known as performing ‘Haj’. It is the desire of every person of Muslim faith, living anywhere in this world, to visit Saudi Arabia for performing Haj. Kingdom of Saudi […]

Contempt Jurisdiction I

Contempt, Yes/No ≠ Mechanical Application of Mind [Sushila Raje Holkar, (2008) 14 SCC 392]. Contempt Jurisdiction = Four Corners of Disobeyed Order [Sudhir Vasudeva, (2014) 3 SCC 373]. Contempt Jurisdiction, Disobeyed Order = Willful Disobedience, Non-Compliance. Hon’ble Justice R. Banumathi, Armugam v. Balakrishnan, [Civil Appeal No. 1510 of 2019].

Independent Bar & Independent Bench I

My Lord, Backbone of Democracy? “Independent Bar and Independent Bench. To preserve the very independence, the observance of constitutional values, mutual reverence and self-respect are absolutely necessary. Lawyers must avoid corruption and collusion of any kind, false pleadings, twisting of facts. Honesty, dedication and hard work is the only source towards perfection. The hunger for […]

Review of Death Penalty VI

Appellant was convicted and awarded Capital Punishment, confirmed by High Court of Madhya Pradesh. Ruby was married to Sanjay. Appellant ‘coveted’ her; ‘warned’ her, he would not allow her to ‘live with anybody else’; ‘threw acid’, burning and injuring family members, killing her. There is no ‘conjecture’, ‘surmise’ or ‘inference’ in narration of witnesses; evidence […]

Notice to Directors II

Appellant-Director [Himanshu] cannot not be prosecuted for a Company-Issued, Director-Signed Cheque Bounce without Company [M/s. Lakshmi Cement and Industries Ltd.] being named/arraigned as an Accused. Three-Judge Bench in Aneeta Hada, (2012) 5 SCC 661 governs area of dispute. Three-Judge Bench has since been followed by a Two-Judge Bench in Charanjit Pal Jindal vs. L.N. Metalics, […]

Referred to Larger Bench XIV: 4 Kilograms of Opium

“We find it difficult to accept the view taken in Mohan Lal. It was held, a fair investigation, which is but the very foundation of fair trial, necessarily postulates, the informant and the investigator must not be the same person. Some have maintained a distinction in that where the investigation was conducted by the informant […]

Extra Judicial Confessions II

“It is true, an extra-judicial confession is used against its maker but as a matter of caution, it is advisable for Court to look for a corroboration with other evidence on record. In Gopal Sah, (2008) 17 SCC 128 this Court held, an extra-judicial confession is, on the face of it, weak evidence and Court […]

Section 16 of The Hindu Marriage Act / Compassionate Appointment I

“The policy of compassionate appointment is premised on the death of an employee while in harness. The death of an employee is liable to render the family in a position of financial hardship and need. Compassionate appointment is intended to alleviate the hardship that the family of a deceased employee may face upon premature death […]

Section 2(e) of The Payment of Gratuity Act, 1972

07.01.2019 My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972? “No. Clearly Not. See, Ahmedabad Pvt. Primary Teachers’ Association, (2004) 1 SCC 755.” – Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. State of Jharkhand, [Civil Appeal No. 2530 of 2012]. _____ 09.01.2019 My Lord, Teachers are […]

Relief of Specific Performance

“The material questions, which are required to be gone into for grant of the relief of specific performance, are first, whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property; second, whether the plaintiff has been ready and willing to perform his part of contract and whether he […]

The Nature of Judicial Power: Chief Justice of India No. 51

Comprehension means the unpremeditated, attentive facing up to, and resisting of, reality. The Supreme Court of India (‘SC’) has 26 Hon’ble Judges. It is difficult to comprehend the Highest Court of the Land and its Judges. The Supreme Court of the United States has 9 Judges who enjoy an appointment for a lifetime. In contrast, […]

Foreign Lawyers in India

My Lord, Practice Permissible for Foreign Law Firms / Lawyers in India? The ‘practice’ of law includes litigation as well as non-litigation. A casual visit isn’t practice. It isn’t possible to hold, there are no bars on Foreign Lawyers conducting Arbitration in India. It is true, subject to regulations, Foreign Lawyers can practice Foreign Law […]

Constituting Benches, Allocating Cases

My Lord, Constitution of Benches and the Allocation of Cases by the Chief Justice must be Regulated by a Procedure? In the Allocation of Cases and the Constitution of Benches the Chief Justice has an Exclusive Prerogative. From an Institutional Perspective the Chief Justice is placed at the Helm of the Supreme Court. The Chief […]

Extra Judicial Confessions I

“In Gopal Sah, (2008) 17 SCC 128 Court held, an extra-judicial confession is, on the face of it, weak evidence and should not be relied upon to record a conviction, in the absence of a chain of circumstances. In Pancho, (2011) 10 SCC 165 as well, Court refused to convict the accused on the basis […]

The Last Word

A Diversion for Lawyers and Others

Judges, Judgments & Lawyers