Kunal Chatterji is so deep into the game of litigation, he must be considered an irresistible force. *Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649* was a resounding success. But, State of West Bengal v. Nemai Chandra Ghoshal & Anr., [Criminal Appeal No. 970 of 2012] is another feather in […]
Read more "State of West Bengal v. Nemai Chandra Ghoshal"Is there a method to this madness? No. Use the following words in your decision: axe, vengeance, crusade, combat, contestation, discord, scuffle, surreptitious, Sphinx, Rome. Accepted. “The present appeal, by special leave, on a summary glance may appear that a victim who might have an axe to grind against the accused, the Respondent No. 2 […]
Read more "Drafting Judgments/Literary Challenges"The Second Writ Petition on Parliamentary Disruptions: “Dismissed“. The Dismissal of Hon’ble CJI Dattu Decline/Dismissal :: Cockroach/Mosquito
Read more "“The Dismissal” of Hon’ble CJI Dattu"My Lord, What is the Alexander Adair Roche, Baron Roche Principle? Where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other methods of performance are necessarily forbidden. “The origin of this rule is traceable to the decision in […]
Read more "Lord Roche I"Not everybody has the opportunity to argue a Fresh PIL, on an issue concerning the Constitution, before Hon’ble Chief Justice of India. I had the opportunity today; and I must thank the Petitioner, Jan Shruti (People’s Voice) for the gumption it had to prefer Writ Petition (Civil) No. 626 of 2015. The movement against Parliamentary […]
Read more "“The Decline” of Hon’ble CJI Dattu"Gurdas Singh v. State of Punjab, [Civil Appeal No. 6691-6692 of 2015] mentions Lord Northbrook as the one who laid the foundation stone of Mohindra College, Patiala in 1874. Thomas George Baring, 1st Earl of Northbrook, was the Viceroy of India between 1872 and 1876. Francis Thomas Baring, 6th Baron of Northbrook, the great grandson […]
Read more "Lord Northbrook"Thank You, Murali. Not too many people have a kind word to say about the Hon’ble High Court at Calcutta. But you had the gumption. And for that, you shall soon see, you will rise to the absolute top. I shall do anything and everything to protect the honor of Calcutta. For me, all else […]
Read more "Thank You, Murali"My Lord, State of Madras v. Gannon Dunkerley, [1959] 1 SCR 379 – Good Law? “It is interesting to note, a 7 Judge Bench in M/s. Vishnu Agencies (Pvt.) Ltd. v. Commercial Tax Officer, (1978) 1 SCC 520, doubted Gannon Dunkerley’s case by stating, its correctness would have to await a more suitable occasion in […]
Read more "Obiter Observations of Chandrachud J"The legal position regarding the existence of a ‘fundamental right to privacy’ is doubtful in view of the Judgments in M.P. Sharma and Kharak Singh. In Justice K.S. Puttasamy (Retd.) v. Union of India, [Writ Petition No. 494 of 2012] the warning is clear: “If the observations made in M.P. Sharma and Kharak Singh are to […]
Read more "The Judicial Indiscipline of Justice Chelameswar"Hon’ble Justice Vikramajit Sen turns 65 on the last day of this year and retires duly. I shall forever associate him with ‘precedents’. What binds and what holds is a recurrent theme in several of his Judgments. Rashmi Metaliks, (2013) 10 SCC 95: SC often has to “face lengthy arguments in each case because of the […]
Read more "Sen J I"A meeting was called by Chief Justice of India after Bomb Blasts outside Delhi High Court on 07.09.2011. Court on its Administrative Side, after deliberations with Delhi Police, prohibited vendors to squat along the perimeter of Supreme Court. There is a road called Bhagwan Das Road after Supreme Court compound wall. After crossing the road, […]
Read more "Safety and Security of Supreme Court"In Bottled Water Processors Association v. Union of India, [Writ Petition (C) No. 11672 of 2009] Hon’ble Justice S. Muralidhar found, “considering water borne diseases are on the increase during summer months, time is of the essence”. Many summers have gone by. The Task Force, ordered to be constituted, for cracking down on units manufacturing […]
Read more "Lawyer Profiles I: The Case of Counterfeit Bottles and Spurious Medicines"In Julius v. Bishop of Oxford, (1880) 5 AC 214 it was observed, “The words ‘it shall be lawful’ are plain and unambiguous. They confer a faculty or power, and they do not of themselves do more than confer a faculty or power. But there may be something in the nature of the thing empowered to […]
Read more "Power Coupled With Duty I"The Last Word: As per standards of Hurra, (2002) 4 SCC 388 a Curative Petition shall be circulated amongst “3 Senior-Most Judges” of SC and “Judges who passed the Judgment complained of, if available”. When a Majority concludes, a hearing is required – it should be listed. Hon’ble Justice Dipak Misra: “Needless to say, the availability […]
Read more "The Yakub Hanging"Recently, SC, while imposing exemplary costs of Rs. 10,00,000/- (Rupees Ten Lakhs) on Industrialist-Appellant, in Vijay Mallya v. Enforcement Directorate, [Criminal Appeal No. 1406 of 2009], quoted Anatole France. The famous words of Anatole: “The law in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in […]
Read more "Anatole France"“It may not always be safe for a Writ Court to decide issues and facts having great impact on general public or a large part of it only on basis of Oath against Oath.” – Hon’ble Justice Dipak Misra, Riju Prasad Sharma v. State of Assam, [Civil Appeal Nos. 3276-3278 of 2013]. ‘Oath against Oath’ […]
Read more "Oath Against Oath"My Lord, What is Pension? “It is a well known principle, pension is not a bounty. The benefit is conferred upon an employee for his unblemished career. In D.S. Nakara v. Union of India, (1983) 1 SCC 305 D.A. Desai, J speaking for the Bench opined: “The antiquated notion of pension being a bounty, a […]
Read more "Pension is Not a Bounty I"Markandey Katju (MK), for those uninitiated, was once a Hon’ble Judge at Hon’ble Supreme Court of India. Honorably Retired MK writes abundantly and appears to be angry. He called Subhash Chandra Bose, ‘A Japanese Agent of Japanese Imperial Interest’. MK served Supreme Court between 10.04.2006 and 19.11.2011. In the opening game, Late Hon’ble Justice Sabharwal was […]
Read more "Agent Markandey Katju"An excerpt from Manoj Mitta, The Fiction of Fact Finding, (2014), pgs. 112 to 121: “A key element of the monitoring was the mechanism of the Amicus Curiae, a Senior Lawyer appointed by the Supreme Court to provide independent advise to it. The one for Jafri’s complaint was Senior Advocate, Raju Ramachandran. Much as he played […]
Read more "“History Has Its Own Eccentricities”"
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