Compensatory Jurisprudence of Constitutional Courts VI: S. Nambi Narayanan

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. […]

The Enrica Lexie Incident II

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 […]

The Enrica Lexie Incident I

[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 […]

Referred to Larger Bench XIII: Venue v. Seat, Arbitration

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). […]

#The377Debate II : 06.09.2018

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 […]

Pragmatic Realism v. Romantic Idealism v. Recluse Extremism

“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’. […]

The Mayo College, Ajmer

“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 […]

Falsus in Uno, Falsus in Omnibus

“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 […]

An Alive Stream I

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 […]

Section 34(2)(a) of The Arbitration Act

“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 […]

The Compromise in Illicit Intercourse

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 […]

The Revival of Ray III

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. […]

The Woman – Indira Priyadarshini Gandhi

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 […]

Dipak Misra, Chief Justice of India II

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. […]

Nandini v. Nandhini : No Deceptive Similarity

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 […]

Clear and Present Danger

“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 […]

Reasonable Restriction II

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 […]

The Fear of Law and Lynching

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 […]

Consistent Loyalty v. Contextual Thinking

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 […]

The Revival of Ray II

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 […]

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