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"To convict for the offence punishable under Section 304-B, the following essentials must be satisfied: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; “Section 304B IPC does not categorize death as homicidal or suicidal or accidental. This is because death caused by […]
Read more "Landmark Judgment on Dowry Deaths"This one shall remain for posterity. Suggestion 24 in GS’s Collegium Submissions: “No Judge must be asked to state what he considers are his ‘best Judgments’. It is further submitted, having regard to the Prowess of Law Clerks who are presently assisting Judges, it is often difficult to find out the true ability of a Judge to […]
Read more "The Prowess of Law Clerks"Retired, Hon’ble Chief Justice of India A.N. Ray 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.” Hon’ble Justice T.S. Thakur believes however, “An Indian Chief Justice, should not be a Wasted, Valuable Human Resource.” 65 is […]
Read more "A Valuable Human Resource"Hon’ble Justice Vikramajit Sen has yet again described what “holds the field” [See, The Proverbial Chickens of Destiny & Sen J I ]. The phrase “holds the field” is to Sen J what a “means and includes” definition is to Nariman J. “A Smaller and a Later Bench has no freedom other than to apply the […]
Read more "Sen J II"NJAC Order, 20:11 Forget names in Order. I should ideally be congratulating 2, and politeness invites it. This post is reserved for Mr. Prateek Chadha! Some fine suggestions. I am sure I can see a bit of you in there.
Read more "Lawyer Profiles III: Hearing Concluded, Orders Reserved"My Lord, Is there a Fundamental Distinction between a “Repeal” and an “Omission” in that in the case of a “Repeal” the Statute is obliterated from the very beginning whereas in the case of an “Omission” what gets omitted is only from the date of “Omission” and not before? No. We do not find any […]
Read more "Lawyer Profiles II: Repeal v. Omission"
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