“Nisith Sen, the man I had chosen to be my grandfather was the Mayor of Calcutta. As a criminal lawyer he dealt with the darkest, seamiest side of human nature. I knew this was the reality. He wrung the truth out of scum who did not deserve to live and were human in name […]
Read more "In Re: Law and Other Things"“A report suggested, 39 lakh sedatives and narcotic tablets, 1.10 lakh capsules, over 21,000 drug syrups and 1828 sedative injections apart from 8 kilograms of smack and 84 kilograms of ganja were awaiting disposal in Bathinda Police stores alone. The position is no better in other States especially those situate along international borders. The menace […]
Read more "The Drug Lords"SC in Justice Mohapatra, (2002) 8 SCC 1 had “accorded primacy to the opinion of the Hon’ble Chief Justice in the consultative process for appointment of Lokayukta”. We have been reminded so in Sachchidanand Gupta v. State of Uttar Pradesh, [Writ Petition (Civil) No. 872 of 2015], decided on 28.01.2016. Justice Lokur in Justice Chandrashekaraiah, […]
Read more "Primacy of Views II: Justice Mohapatra, (2002) 8 SCC 1"My Lord, What is Truth? “That the preeminence of truth is the guiding star in a judicial process forming the foundation of justice had been aptly propounded by this Court in Maria Margarida Sequeira Fernandes vs. Erasmo Jack De Sequeira, (2012) 5 SCC 370. It was ruled, the entire judicial system had been created only […]
Read more "The Importance of Being Earnest II"The appointment of Hon’ble Justice Mirza Hameedullah Beg as the new Chief Justice of India in succession to Hon’ble Justice A.N. Ray on January 29, 1977 raised another wave of protest. Hon’ble Justice H.R. Khanna was superseded. Supreme Court Bar Association, Vice President Gobinda Mukhtoy: “The evil and dark forces have struck again. Now a citizen […]
Read more "The Significance of 29th January"“Section 66A of The Information Technology Act, 2000 was struck down by the Supreme Court. The effect of the Shreya Singhal Judgment is that Section 66A is void only as against citizens and not as against non-citizens. When this line of thought was voiced on fora, questions were raised as to whether Section 66A was still available […]
Read more "Bennett, Bennett Coleman"The events that led to Mohd. Arif’s arrest are curious, to say the least. The accepted version of the story is this: “On 22.12.2000, at about 9 p.m. in the evening, some intruders started indiscriminate firing and gunned down 3 Army Jawans belonging to 7th Rajputana Rifles. This Battalion was placed in Red Fort for […]
Read more "The Red Fort Attack Never Happened"The Jallikattu Case, I agree, is a watershed moment in ‘animal rights adjudication’. Radhakrishnan J has a PETA Award for it. SC shall always protect its honour! In Compassion Unlimited Plus Action v. UOI, [Writ Petition (Civil) 24 of 2016] it has been argued now, no cruelty is meted out to the bulls in Jallikattu. […]
Read more "Compassion Unlimited Plus Action"“Since the College has also not complied with the orders passed by this Court in (2012) 5 SCC 628 and has permitted the students to continue their studies, to send a message to the College and other Medical Colleges, we are of the view that it would be appropriate if the College is directed to […]
Read more "5 Crores for Supreme Court"In Aurobindo Ashram v. R. Ramanathan, [Civil Appeal No. 12 of 2016] Respondents alleged, Appellant Ashram failed to take any positive action to prohibit the availability of The Lives of Sri Aurobindo. They even assisted Peter Hees in getting a visa for his continued stay in India. Whether or not ‘The Lives of Sri Aurobindo‘ is […]
Read more "The Lives of Sri Aurobindo"“Seeking transfer at the drop of a hat is inconceivable. An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has to be exercised cautiously and in exceptional situations, where it becomes necessary […]
Read more "The Real Apprehension in Transferring Cases I"Usage of “non-injurious terminology” in the order of termination of the services of a probationer is not merely enough to conclude whether the order reflects a simple dismissal or a punishment. _____ In Samsher Singh v. State of Punjab, (1974) 2 SCC 831 Judgment of CJI Ray and Judges Alagiriswami, Palekar, Mathew, Chandrachud was delivered […]
Read more "Twice Overruled: Hon’ble Justice Ruma Pal"Where an agreement is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording. The principle is Contra Proferentem, also known as ‘interpretation against the draftsman’. Such rules are rarely if ever of any assistance when it comes to construing commercial contracts. The principle may […]
Read more "The Contra Proferentem Rule I"December 22, 2014: “In 1923, Scrutton L.J. expressed his regret that the “Counsel who argued this case would probably not recognize any of the Judgments as having any relation to the arguments they addressed to us” [Smith v. Smith, (1923) P. 191, 202]. Lord Maugham too lamented once that it was hard for him to […]
Read more "Cent Percent, Sen Precedent"“In 1999, it was reported: “Ganglord Chhota Shakeel is in direct contact with a serving Additional Sessions Court Judge in Mumbai, Jaysingh Wadhu Singh.” It was alleged, the Judge had agreed to go easy on cases involving members of the Dawood or the Shakeel family. J.W. Singh was in jail for 28 months before a […]
Read more "Judges with Colorful Lives: No. 8"In Re: Daksh The Basic Structure Doctrine has an able critic in Senior Advocate Raju Ramachandran [RR]. Christmas Comedy Night with RNR RR: “When you talk of a Structure, four professions are involved – architecture, civil and structural engineering, masonry and brick laying.” RNR: Let’s see. Katrina Kaif – Architecture (God’s Contribution, Genes), Engineering (Gym, […]
Read more "Architecture, Structure, Bricks and Walls"A lot of lives changed at 2:45 AM on 28.09.2002. Ravindra Himmatrao Patil should not be forgotten. “The evidence of Ravindra Patil is of very weak type“ “Still if he is considered as a partially reliable witness, then there is definitely a need for independent corroboration. In the considered view of this Court, apart from […]
Read more "Ravindra Himmatrao Patil, Who?"‘Stare Decisis’ is a Latin phrase which means “to stand by decided cases; to uphold precedents; to maintain former adjudication.” SC in Paragraph 26-A, Indra Sawhney, (1992) 3 SCC 217 observed, in law, certainty/consistency/continuity are highly desirable features. Doctrine of Stare Decisis is not an ‘imprisonment of reason‘. Concepts are good servants but bad masters. […]
Read more "Stare Decisis, Not Logic Intolerant"“We record our deep sense of appreciation for the valuable assistance rendered by Mr. Harish Salve. According to him, while deciding the question as to whether the Writ lies under Article 226 against any person, juristic body, organization, authority etc., the test is to examine in the first instance the object and purpose for which […]
Read more "The Public Function Test, Mr. Harish Salve"“Ecclesiastical Jurisprudence in India revolves around exposition of Constitutional Guarantees under Articles 25 and 26 as made from time to time. The development of this branch of jurisprudence primarily arises out of claimed rights of religious groups and denominations to complete autonomy and prerogative of exclusive determination of essential religious practices. A decision on such […]
Read more "Indian Ecclesiastical Jurisprudence"
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