“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 […]
Read more "Relief of Specific Performance"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, […]
Read more "The Nature of Judicial Power: Chief Justice of India No. 51"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 […]
Read more "Foreign Lawyers in India"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 […]
Read more "Constituting Benches, Allocating Cases"“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 […]
Read more "Extra Judicial Confessions I"Issues of Tribunals: Unresolved. 07.05.2018 “The functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice. L. Chandra Kumar, (1997) 3 SCC 261 noted, various Tribunals have not evolved up to the expectations which is self-evident and widely acknowledged. Drastic measures were required to elevate the standards. R. […]
Read more "Rojer Mathew, SLP (Civil) 15804/2017"The execution of a Will is proved not only when the statutory requirements for proving that Will are satisfied but the Will is also found to be ordinarily free from suspicious circumstances [Pragnaben, (2008) 15 SCC 365]. Whether a Will is surrounded by suspicious circumstances or not is essentially a question of fact. “3 Courts […]
Read more "The Proof of Valid Wills I"India’s first In-Vitro Fertilization (IVF) baby, and World’s second, Kanupriya, was born in Kolkata on October 3, 1978. The scientific technology behind IVF is known as Assisted Reproductive Technology (ART). Despite India being a hub of surrogacy, there is no legal framework. There are four types of surrogacy: traditional, gestational, commercial and altruistic. Commercial surrogacy […]
Read more "Surrogacy"Books on Constitutional Law are on Judges, Lawyers, occasionally on Politicians. Judges are central actors. The central actor in Rohit De, A People’s Constitution, (Princeton University Press, 2018) is the citizen litigant; private interests assumes public significance. We rarely meet those who have, at least, one positive act to share on Former Hon’ble Chief Justice […]
Read more "The Case of the Honest Prostitute"“Reliance was placed on State of Maharashtra v. Shankar Krisanrao Khade, 2008 ALL MR (Cri) 2143. It may be mentioned, en passant, view of Bombay High Court in Shankar was not accepted by this Court in Shankar Kisanrao Khade v. State of Maharashtra, (2013) 5 SCC 546 in Paragraphs 60 and 61.” – Hon’ble Justice Madan […]
Read more "En Passant II"“The issues arising relate to procurement of 36 Rafale Fighter Jets for Indian Airforce. It is our considered opinion/view, extent of permissible judicial review in matters of contracts, procurement, etc. would vary with subject matter of contract and there cannot be any uniform standard or depth of judicial review which could be understood as an […]
Read more "The Nature of Judicial Power: 36 Rafale Fighter Jets"Recently, Hon’ble Justice Ashok Bhushan quoted 650 words of 14th Chief Justice of India, Hon’ble Justice A.N. Ray. These words are to be found in 4 Paragraphs in 2 Judgments. The style is exhibited below: “In Jagir Singh v. State of Bihar, (1976) 2 SCC 942 Court was considering the definition of “owner” as defined […]
Read more "The Revival of Ray X"“Appeal arises from the Judgment of a Learned Single Judge of High Court of Calcutta by which the Respondent’s Application for condoning a delay of 514 days in filing an Application under Section 34 of The Arbitration and Conciliation Act, 1996 was allowed. This Court needs to assess whether the benefit of Sections 5 and […]
Read more "Section 34(3) of The Arbirtration Act I"It was decided. 8 December, 1930 would be ‘Operation Simpson Day’. The journey began at 12:00 in the afternoon. Three Men sat in a taxi and headed for the Writers Building. One of them had his Birthday < 50 hours ago. The last ride together. [File No. 59/19/30] 12:30. Cap, coat, tie, trousers, boots – […]
Read more "December 8, 1930"“High Courts are Courts of Record, set up under Article 215 of The Constitution of India. It is clear that these Constitutional Courts, being Courts of Record, the jurisdiction to recall their own Orders is inherent by virtue of the fact that they are Superior Courts of Record. This has been recognized in: National Sewing […]
Read more "Courts of Record"Torrent Pharmaceuticals Ltd., ‘first past the post’, has a trade mark called ‘CHYMORAL’ and ‘CHYMORAL FORTE’, which is a drug administered post-surgically for swelling and/or wounds that may arise. They filed a suit against Wockhardt Ltd. for use of the mark ‘CHYMTRAL FORTE’. Fraud is not a necessary element of ‘passing off’ actions [Laxmikant, (2002) […]
Read more "Chymoral Forte v. Chymtral Forte : Acquiescing Passing Off"Every examination must be evaluated for what it is, what it should be and not for what it was, what it could be. Primary duty is to avoid arbitrary results. Correct answers to questions presented in NEET-UG, 2018 was one of the 4 Options offered. Bi-lingual questions were set in English with an Option of […]
Read more "Beauty of NEET, 2018"Several matters, every week, are considered for ‘legal aid’. I had briefly assisted Senior Advocate, Jaideep Gupta in this regard and had recommended aid for Ujwala Pandurang Toraskar v. Mormugao Port Trust [Diary No. 20112 of 2018]. Judgment of HC of Bombay at Goa [Writ Petition No. 279/2016], was challenged. On July 3, 2018 SC […]
Read more "Legal Aid"Hon’ble Justice Ashok Bhushan was Elevated as a Permanent Judge of the Allahabad High Court on April 24, 2001. Circa 2005 RNR: Landmark Judgments – Hallmark of Judicial Brilliance? AB: The Judges are only known by their Judgment. They cannot have their own ideologies or perspectives in contrast to Politicians. Therefore, Judgments are the only […]
Read more "Hon’ble Justice Ashok Bhushan"Recent Elevations to Supreme Court of 7 Judges is interesting. None of them shall be Chief Justice of India after Hon’ble Justice Dr. Chandrachud. Seniority is neither based on age nor on experience. It is purely accidental. The following is an extract from A.R. Antulay, Appointment of a Chief Justice, (Popular Prakashan, 1973). “Many Judges […]
Read more "Appointment of a Chief Justice"
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