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"“After all the 11 Judgments of the Court were orally pronounced on April 24, 1973 CJ Sikri produced and read out in Court a paper which was called “The View by the Majority” and passed it on for signatures of all 13 Judges on the Bench. 4 Judges, Justices Ray, Mathew, Dwivedi and Beg would […]
Read more "The Kesavananda Bench II: The Chandrachud Angle"Third-Rung Lawyers [i.e., those in the age-bracket of 28-37] are an active lot on Twitter. Key figures are controlling opinion on a variety of issues. It is expected some of them shall be, with time, legitimate Partners or credited Senior Advocates or hopeful Don Salves. There is a benefit in knowing them. For if they […]
Read more "Rudespotted: Vinay Kesari"Sub-section (3) of Section 123 of The Representation of the People Act, 1951 deems the following to be a ‘corrupt practice’: “The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the […]
Read more "‘His’ Story: Section 123(3) of The Representation of the People Act, 1951"“It is a settled proposition of law that a decree obtained by playing fraud on Court is a nullity and that such a decree could be challenged at any time in any proceedings. This proposition is certainly not in dispute. Learned Counsel also placed reliance on Union of India v. Ramesh Gandhi, (2012) 1 SCC […]
Read more "Fraudulent Decrees"“Judicial discretion can be exercised by a Court only when there are two or more possible lawful solutions. In any event, Courts cannot give any direction contrary to the statute or rules made thereunder in exercise of judicial discretion. It will be useful to reproduce from Judicial Discretion (1989) by Aharon Barak which is as […]
Read more "The Other Bara(c)k: Law’s First Superstar"My Lord, Difference between Amendment and Waiver, in context of The Indian Contract Act, 1872? Amendment It is settled law that an amendment to a contract being in the nature of a modification of the terms of the contract must be read in and become a part of the original contract in order to amount […]
Read more "Section 62 – Amendments and Section 63 – Waivers"On 10.03.2015, Markandey Katju (MK) published two posts on his Facebook page. One called ‘Gandhi – A British Agent‘, the other referred to Netaji Subhash Chandra Bose as an ‘Agent of Japanese Fascism’. On 11.03.2015, Rajya Sabha unanimously passed the following ‘resolution’: “This House expresses its unequivocal condemnation of the recent remarks of the Former Judge of the […]
Read more "Don’t Mess with People from Allahabad"Social activist Shyam Narayan Chouksey’s (‘SNC’) life changed the day he went to see ‘Kabhi Khushi Kabhie Gham’ (2001, Director: Karan Johar). In one scene, a boy sings the National Anthem of India at a school function in London (‘scene’). He forgets the last five words. “To some it may appear lapsus linguae, slip of […]
Read more "The K3G National Anthem Scene Reloaded"Armed with 35 years of hindsight, Justice Bhagwati, in 2011, expressed regret for his 1976 Judgment upholding Prevention Detention during the Emergency. Justice Chandrachud did so in 1978 in case his chances of being CJI were blighted. Were these declarations simply a flourish to catch the public eye? Do Judges even concede they are wrong? […]
Read more "Contemptuous Katju"“Purposive interpretation in a social amelioration legislation is an imperative, irrespective of anything else. This is eloquently brought out in Atma Ram, (1988) 4 SCC 284. How labour legislations are to be interpreted has been stated and restated by this Court time and again. In Surendra Kumar, (1980) 4 SCC 443, this Court reminded, semantic […]
Read more "Etymological Excursions in Bread & Butter Statutes"Retired Hon’ble Chief Justice of India A.N. Ray, though expected to be President, one day, once said, as evidenced by George H. Gadbois, Jr, “An Indian Chief Justice, like the Lord Chief Justice, in England, should not take up any post-retirement positions.” Taking up a post-retirement position is one thing; soliciting one is quite another. […]
Read more "Chamber Practices of Former Supreme Court Judges"Fraud is a knowing misrepresentation of the truth or concealment of a material fact or abuse of a position of confidence to induce another to act to his detriment. Serious allegations of fraud may not be referred to Domestic Arbitrations. “When the case involves serious allegations of fraud, the dicta contained in N. Radhakrishnan, (2010) 1 […]
Read more "Section 8 of The Arbitration Act II: Arbitrability of Fraud"[The following was first published here] It is murder, if the intentional infliction of bodily injury is sufficient in the ordinary course of nature to cause death. In February 2011, a day before her engagement ceremony, 23-year-old Soumya was injured, raped and robbed. She died a few days later, in a hospital, having never regained […]
Read more "The Exquisite Corpse of Soumya II: Law and Other Things, 05.10.2016"It was contended before SC in Vikas Yadav v. State of Uttar Pradesh, [Criminal Appeal Nos. 1531-1533 of 2015], under Section 302 of The Indian Penal Code, 1860 life is minimum and maximum is Death Sentence and therefore Court has a choice between the two and is not entitled to follow any other path. It would […]
Read more "Judge Made Law: Fixed Term Sentences I"
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