“Indubitably, Live Streaming of Court Proceedings has the potential of throwing up an option to the public to witness Live Court Proceedings which they otherwise could not have due to logistical issues and infrastructural restrictions of Courts; and would also provide them with a more direct sense of what has transpired. Thus, technological solutions can […]
Read more "An Alive Stream II"Hon’ble Justice A.K. Sikri (CJI, Sikri and Khanwilkar JJ) In Dattatraya Govind Mahajan v. State of Maharashtra, (1977) 2 SCC 548, Spirit of our Constitution was explained thus: “Once we grasp Dharma of the Constitution, new orientation of the Karma of Adjudication becomes clear. Our Founding Fathers, aware of our Social Realities, forged our Fighting […]
Read more "The Aadhaar Judgment : 26.09.2018 / The Revival of Ray V / Dharma of Constitution v. Karma of Adjudication"In Allied Motors, (2012) 2 SCC 1 reference was made to the celebrated Judgment of Privy Council in Nazir Ahmad, AIR 1936 PC 253: “Where a power is given to do a certain thing in a certain way, the thing must be done in that way, or not at all. Other methods of performance are […]
Read more "Lord Roche II / The Revival of Ray IV"It must be true, friendships & rivalries, losses & victories never have an end, only a beginning. Spectacular Judges of Supreme Court have hoped for an impactful conclusion. The irreversibly powerful ones have known more. There is never a last word. Life travels with surety of a pendulum clock, tick tock. We remember, in Puttaswamy, [Writ […]
Read more "The Last Word"A photograph of Justice Sujata Vasant Manohar is present in several scenes of Batti Gul Meter Chalu [2018, dir. Shree Narayan Singh]. Justice Manohar was the First Woman Judge of the Bombay High Court. She went on to become the First Woman Chief Justice of Two High Courts, Bombay and Kerala and eventually ended her career as […]
Read more "Hon’ble Justice Sujata V. Manohar"“In legal parlance, ‘consortium’ is a compendious term which encompasses ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The right to consortium would include company, care, help, comfort, guidance, solace and affection of deceased. With respect to a spouse, it would include sexual relations with deceased spouse; parental consortium is granted upon premature death of a […]
Read more "Consortium I"The exposé of facts very succinctly put is, on 21.10.1994, Mariam Rasheeda, a Maldivian National, was arrested and sent to judicial custody. During interrogation, she made certain confessions alleging, certain official secrets and documents of Indian Space Research Organization (ISRO) had been leaked out by scientists of ISRO. On 30.11.1994, Appellant-S. Nambi Narayanan was arrested. […]
Read more "Compensatory Jurisprudence of Constitutional Courts VI: S. Nambi Narayanan"Questions, My Lord Did Massimiliano Latorre [L] and Salvatore Girone [G] ‘deliberately’ fire? Did L and G ‘mistake’ Indian trawler ‘St. Antony’ to be a pirate boat? Should it be considered, ‘St. Antony’, unregistered under The Indian Merchant Shipping Act, 1958, did not raise the Indian Flag? Indian Authorities are permitted to prosecute Foreign Nationals for supposed […]
Read more "The Enrica Lexie Incident II"[This Article was First Published in June, 2016] As per Article 97 of The United Nations Convention on the Law of the Sea (“Convention”): “In the event of a collision or any other incident of navigation concerning a ship on the high seas”, only the Flag State of that ship can launch penal proceedings. Is […]
Read more "The Enrica Lexie Incident I"Foreign Cases Cited: Naviera Amazonica Peruana S.A., (1988) (1) Lloyd’s Law Reports 116. Hiscox, (1992) 1 AC 562. McDonnell Douglas Corpn., (1993) 2 Lloyd’s Law Rep. 48. C vs. D, (2007) EWCA Civ 1282 (CA). C vs. D, (2008) 1 Lloyd’s Law Rep 239. Braes of Doune Wind Farm (Scotland) Limited, (2008) EWHC 426 (TCC). […]
Read more "Referred to Larger Bench XIII: Venue v. Seat, Arbitration"Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by: Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]
Read more "#The377Debate II : 06.09.2018"“Read, Read for now I shall say a lot. The evidence of my battle fought. The only way I shall make you learn, I tried a lot when it was my turn.” Hon’ble CJI Dipak Misra shall retire in less than 30 days. His words on word-craft shall be remembered too as his ‘last words’. […]
Read more "Pragmatic Realism v. Romantic Idealism v. Recluse Extremism"“The Mayo College, Ajmer is an educational institution founded in 1875 by Sir Richard Southwell Bourke, 6th Earl of Mayo, who was also the Viceroy of India from 1868 to 1872. It is one of the oldest educational institutions which was set up as a public boarding school, offering admission to the then elite. This […]
Read more "The Mayo College, Ajmer"“It is a well settled position of law, testimony of a witness cannot be discarded in toto merely due to presence of embellishments or exaggerations. Doctrine of ‘falsus in uno, falsus in omnibus’, which means ‘false in one thing, false in everything’ has been held to be inapplicable in Indian scenario, where tendency to exaggerate […]
Read more "Falsus in Uno, Falsus in Omnibus"RNR, May 13, 2017 : “I intuitively conclude, mobile phones inside Courtrooms undermine the judicial process. One should be not be allowed to record, broadcast or communicate with outsiders while inside Courtrooms, without specific permission from Court itself.” RNR, November 13, 2017: “Even if Live Tweeting is to be permitted one day, it should be […]
Read more "An Alive Stream I"“In an early Delhi High Court Judgment, Sandeep Kumar v. Dr. Ashok Hans, (2004) 3 Arb LR 306 Learned Single Judge of Delhi High Court specifically held, there is no requirement under the provisions of Section 34 for parties to lead evidence. The record of the Arbitrator was held to be sufficient in order to […]
Read more "Section 34(2)(a) of The Arbitration Act"It was decided once by Gujarat HC, an unreportable Judgment is not ‘unreportable’ on a website. Nonetheless, there has been no report on Sajid v. State of Uttarakhand, [Criminal Appeal No. 983 of 2018]. Appellant was convicted under Sections 363 and 366, IPC and was sentenced to undergo imprisonment for 7 years [CRLA/314/2004, High Court of Uttarakhand […]
Read more "The Compromise in Illicit Intercourse"George H. Gadbois, Jr., chronicler of 93 Judges of Supreme Court of India, had this to say once: “When I first wrote to Justice A N Ray requesting an interview, I included a couple of articles I had published earlier. This enabled him to see that I was rather well-informed about him and the Court. […]
Read more "The Revival of Ray III"I am happy, a book finally celebrates Mrs. Gandhi. ‘Did you know Eve Curie, the scientist Marie Curie’s daughter, was a guest at the wedding? And Harivansh Rai Bachchan, the poet? He and his wife, Teji, sang a duet.’ ‘Six months before Operation Blue Star, as troubles escalate, Mrs. Gandhi decides, on a whim, to […]
Read more "The Woman – Indira Priyadarshini Gandhi"2018. A magazine has published a disastrous story on the Chief Justice of India. Lawyers are keen to exercise their freedom of speech, criticizing that CJI. 180K Followers, Former President, Gujarat Pradesh Congress Committee. 275 Followers, Lawyer. 266 Followers, Lawyer. 1.15M Followers, Public Interest Lawyer and Activist. 11.9K Followers. 23.6K Followers, Writer. 3194 Followers, Lawyer. […]
Read more "Dipak Misra, Chief Justice of India II"
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