“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"The Respondent, a Cooperative Federation of Milk Producers of Karnataka, adopted the mark ‘NANDINI’ in the year 1985 and under that brand name produced and sold milk. The Appellant adopted the mark ‘NANDHINI’, for its restaurants in the year 1989, and applied for registration of the said mark in respect of various food items sold. The Respondent […]
Read more "Nandini v. Nandhini : No Deceptive Similarity"“A single revolutionary spark may kindle a fire that, smouldering for a time, may burst into a sweeping and destructive conflagration.” It was the Judgment of Holmes J in Schenck v. United States, 249 US 47 at 52 (1910) that gave rise to the test of ‘clear and present danger’ for determining whether restrictions on […]
Read more "Clear and Present Danger"Rewarded with the presence of Justice A.N. Ray, Himat Lal K. Shah, (1973) 1 SCC 227 held: “Public meeting in open spaces and public streets forms part of the tradition of our national life. In the pre-Independence days such meetings have been held in open spaces and public streets and the people have come to regard […]
Read more "Reasonable Restriction II"Behind every successful fortune there is a crime, wrote Mario Puzo. Truly, not everyone fears the law. How else would a Head Constable’s son be Dawood? It is magnificent, Supreme Court has recommended to Parliament the creation of a separate offence of lynching. While all that you read after is the charm of law and […]
Read more "The Fear of Law and Lynching"Shyam’s Offer Shyam also met Karna and in attempt to avert war told him what no one else had told him. ‘Know that your birth mother is Kunti. By law, you are the eldest son of the man she married, Pandu. This makes you, by law, the eldest Pandava, with full rights to Pandu’s kingdom […]
Read more "Consistent Loyalty v. Contextual Thinking"I have not published 10,00,000 further words of Chief Justice A.N. Ray. Are his words at Calcutta High Court or at Supreme Court his only songs? I bow down to Hon’ble Chief Justice Dipak Misra and Hon’ble Justice Dr. D.Y. Chandrachud. They have quoted Samsher Singh v. State of Punjab, (1974) 2 SCC 831 in […]
Read more "The Revival of Ray II"Some men try hard for reasons best known to them. Team 2, even before it had shot and finalized the final print of its movie, filed a case before Bom HC. Dr. Abhinav Chandrachud fought for Team 1. He won. Hon’ble Justice G.S. Patel wrote: “In the present case there is no evidence of the […]
Read more "Veere Disarray"“A distinguished South African Judge, Albie Sachs has spoken of the importance of understanding the value of Constitutional Transformation. In his book titled ‘The Strange Alchemy of Life and Law’, explaining the role of the Constitutional Court, Sachs has this to say: “It is difficult to analyze the impact that Court Decisions have on actual […]
Read more "The Strange Alchemy of Life and Law"Judge 4 of Indian Supreme Court, Justice Lokur, will retire this year. Earlier, he questioned the integrity of the Chief Justice. April, he has interestingly worded a decision. “The couldn’t-care-less and insouciant attitude of Union of India with regard to litigation, particularly in Supreme Court, has gone a little too far… Union of India must […]
Read more "Aggression of SC Judges"“Whether in the case of promotion from the Subordinate Judiciary or of direct recruitment from the Bar, the performance of the candidate would be best known to the High Court.” While judging so, SC in Gauhati High Court v. Goto Ete & Others, [Civil Appeal No. 4298 of 2018] quoted, with minor compliment, two paragraphs […]
Read more "The Revival of Ray I"An inquiry was sought into the circumstances of death of District Judge, Brijgopal Harikishan Loya. The petitions were essentially based on articles published in Caravan on November 20/21, 2017. The issue was whether the death of Judge Loya was due to natural causes or there are circumstances which raise a reasonable suspicion about an unnatural […]
Read more "The Sad Death of Judge Loya"
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