“In State of A.P. v. McDowell & Co., (1996) 3 SCC 790 a 3 Judge Bench of this Court held that an enactment could be struck down, if it is being challenged as violative of Article 14, only if it is found that it is violative of the equality clause, equal protection clause or violative […]
Read more "The Doctrine of Arbitrariness / Substantive Due Process II"There was a Full Court Reference at Supreme Court on 7th August, 2012 in memory of Late Shri Prabha Shankar Mishra, Senior Advocate. It was briefly mentioned, P.S. Mishra was appointed as a Judge of Patna High Court in 1982; was transferred to Madras High Court in 1990; was thereafter appointed as Chief Justice of […]
Read more "The Story of Justice Prabha Shankar Mishra"Abhinav Chandrachud is not incorrect in noting, Doctrine of ‘Fairness’/‘Non-Arbitrariness’ laid the foundation of Substantive Due Process in our country. Justice Nariman supports this view. In a richly cited CJI K.G. Balakrishnan Judgment [2010] it indeed was held, ‘Substantive Due Process’ is a part of Indian Constitutional Jurisprudence. 5 years later, in Rajbala v. Haryana, (2016) 2 SCC […]
Read more "The Doctrine of Arbitrariness / Substantive Due Process I"ADM Jabalpur must be confined to the dustbin of history. Hon’ble Justices Aftab Alam and A.K. Ganguly in Rajnath Chauhan, (2010) 14 SCC 209 were clear on that conclusion. Two months after the pronouncement of Judgment, Times of India carried the following headline: ADM Jabalpur is a flop movie, only remembered fondly for the stellar […]
Read more "The Discomfort of ADM Jabalpur I"Former Delhi Excise Chief, Dr. Anup Kumar Srivastava received a reprieve from Supreme Court, recently. “There is no material evidence on record in order to bring home a charge of conspiracy against Respondent. There is no direct or circumstantial evidence to prove, Respondent has demanded any illegal gratification and has accepted or obtained any such […]
Read more "The Question of Six Zeroes in Call No. 51"My Lord, Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 should engulf and embrace, in its connotative expanse, the mental age of a person or the age determined by the prevalent science pertaining to psychiatry so that a mentally retarded person or an extremely intellectually challenged person, who even has crossed […]
Read more "The Nature of Judicial Power: The Theory of Creative Interpretation"“The jurisprudential basis for the ‘rule of widest construction’ is the hallowed belief that a Constitution is drafted with an eye on future providing a continuing framework for exercise of governmental power. Therefore, it must be elastic enough to meet new social, political and historical realities often unimagined by the framers of the Constitution. Chief […]
Read more "The Doctrine of Widest Construction"The Shashoua Principle [Roger Shashoua v. Mukesh Sharma, 2009 EWHC 957 (Comm)] “When there is an express designation of the Arbitration venue as London and no designation of any alternative place as seat, combined with a supranational body of rules [i.e. ICC] governing the Arbitration and no other significant contrary indicia, the inexorable conclusion is, […]
Read more "Implied Exclusion of Part I of The Arbitration Act IV: The Shashoua Principle"‘Scandalisation of Court’ is not ‘precisely explained’ in Supreme Court cases [See, In Re: Hon’ble Shri Justice C.S. Karnan, Suo-Motu Contempt Petition (Civil) No. 1 of 2017]. It is a species of contempt and may take several forms. A common form is the vilification of the Judge [See, Shri Baradakanta Mishra v. The Registrar of […]
Read more "Scandalisation of Court"The New York Times on April 30, 1976 came out with an editorial, ‘‘If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first 18 years as an independent nation, someone will surely erect a monument to Justice H.R. Khanna of Supreme Court.” The Time Magazine, London […]
Read more "Supreme Court Judges on Indian Magazine Covers"Vakasha Sachdev (@VakashaS) recently commented on ‘Live Tweeting Court Proceedings’: “A stream of live tweets… recently went viral in Indian Twitterverse. Surprisingly, these tweets had nothing to do with Shah Rukh Khan or Baahubali or IPL… What they related to was far more unexpected – constitutionality of a tax law amendment. Basically, Gautam Bhatia and […]
Read more "The Live Tweets Ailment I"“DNA is the abbreviation of Deoxyribo Nucleic Acid. It is the basic genetic material in all human body cells. It is not contained in red blood corpuscles. It is, however, present in white corpuscles. It carries the genetic code. DNA structure determines human character, behaviour and body characteristics. DNA profiles are encrypted sets of numbers […]
Read more "Science For Everyone: DNA Again"SC in Mohapatra, (2002) 8 SCC 1 had accorded primacy to Hon’ble Chief Justice in consultative process for appointment of an Orissa Lokayukta. Justice Lokur in Chandrashekaraiah, (2013) 3 SCC 117 however confined law laid down in Mohapatra to the facts of that case only. It was held, views expressed by Chief Justice of High Court […]
Read more "Primacy of Views III: The Lokpal and Lokayuktas Act, 2013"It is settled law, Section 20(1) and 20(2), where the word ‘place’ is used, refers to ‘juridical seat’; whereas in Section 20(3), the word ‘place’ is equivalent to ‘venue’. My Lord, What is the correct depiction of the practical considerations and the distinction between ‘seat’ [Sections 20(1) and 20(2)] and ‘venue’ [Section 20(3)]? This, as […]
Read more "Section 20 of The Arbitration Act"The principles for interference in exercise of review jurisdiction are well settled. In Thungabhadra Industries Ltd. v. Government of Andhra Pradesh, AIR 1964 SC 1372 Court while dealing with scope of review had opined: “A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only […]
Read more "Order 47, Rule 1 of The Code of Civil Procedure, 1908"Retired Justice Prafulla Kumar Misra took over as Lokayukta of Goa on 28.04.2016. The post of Lokayukta was lying vacant since 17.10.2013. No sooner he took charge, Justice Misra directed Director of Tourism to stop all further payments to beach-cleaning contractors. Not stopping there, Lokayukta ordered a stay on electricity contracts worth Rs. 328 Crores […]
Read more "Lunatic Judge Karnan"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 "Rudespotted: Vikram Raghavan"A citation of questionable scientific standard. _____ In a child custody dispute in Suburbs of Pittsburgh, 3 teenage boys begged a Family Court Judge not to force continued visits to their father because, they said, he was physically abusive towards them. Judge relied on an Expert Witness, retained by the father, a Columbia University Professor […]
Read more "The Disputed Reality of Parental Alienation Syndrome"Madhya Pradesh Professional Examination Board ridded certain students of their results, awarded in their professional MBBS course, on the ground, they had gained admission to the course by resorting to unfair means. Hon’ble Justice Chelameswar (Presiding Judge) had expressed the view, complete justice in the matter would be rendered, if the qualifications successfully acquired by […]
Read more "1+3 Judges Disagree With Justice Chelameswar on ‘Cheating Students’"On March 05, 2014 Hon’ble Justice T.S Thakur, not yet CJI, observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies” [(2014) 6 SCC 173]. The price of Sushil Ansal’s ‘Chalta Hai Attitude’ was pegged at Rs. 30 Crores [(2015) 10 SCC 359]. That is merely 18 Crores more than what a […]
Read more "The Advanced Age of Sushil Ansal"
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