Primacy of Views I: The Karnataka Lokayukta Act

Justice Chandrashekaraiah (Retd.) v. Janekere C. Krishna, (2013) 3 SCC 117 held, views expressed by Chief Justice of High Court of Karnataka have no ‘primacy’ in process of appointment of Lokayukta or Upa Lokayukta by Governor of Karnataka. High Court was of view, since Order passed by Governor of Karnataka, appointing Justice Chandrashekaraiah as an […]

An Arbitrator’s Construction of Contract

It is well settled, construction of terms of a contract is primarily for an Arbitrator to decide. He is entitled to take a view, which he holds to be correct one after considering material before him and after interpreting provisions of contract. Court while considering challenge to an Arbitral Award does not sit in appeal […]

In Re: Nick Robinson

“For a long time I’ve wanted to compile a list of films about the Indian judicial system (I must admit I’ve watched very few). If people have any such lists they would like to share in the comment section I would love to hear about them. If there is enough of a response I’ll then […]

The Dark Knight

42 answers to “Ultimate Question of Life, the Universe, and Everything”. 42 years ago, on 24.04.1973, two events changed India: Birth of Sachin Tendulkar and “Pronouncement of ‘View of the Majority’ in Kesavananda“. Kesavananda Bench of 13 Judges was composed of CJ Sikri, Justices J.M. Shelat, K.S. Hegde, A.N. Grover, A.N. Ray, P. Jaganmohan Reddy, D.G. […]

Today Homes and Infrastructure Pvt. Ltd.

My Lord, Paragraphs 13 & 14 in Today Homes and Infrastructure Pvt. Ltd. v. Ludhiana Improvement Trust, (2014) 5 SCC 68? “We are not concerned with the said issue as to whether what was held in Paragraph 13 of Today Homes and Infrastructure Pvt. Ltd. was correct or not when it makes reference to the […]

Recusants

The principle of ‘real likelihood of bias‘ has now taken a tilt to ‘real danger of bias’ and ‘suspicion of bias’ [(2004) 8 SCC 788]. Theatrics of Learned Senior Counsels? “Difficult to say for sure. But deep within, don’t we all understand” [(2014) 8 SCC 470]. No one can suppose, Hon’ble Justice Dave could be, […]

Referred to Larger Bench III: The Chalta Hai Attitude

In (2014) 6 SCC 173, Hon’ble Justice T.S. Thakur observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies.” The man in question is Mr. Sushil Ansal. On 07.08.2011, Mr. Ansal had his book “Brick by Brick” unveiled by Maharaja Gaj Singh of Jodhpur at a glittering ceremony held at Rambagh Palace, Jaipur. […]

A “Means and Includes” Definition II

“As has been stated by us above, ‘means’ ‘and includes’ is a legislative device by which the ‘includes’ part brings by way of extension various persons, categories, or things which would not otherwise have been included in the ‘means’ part. If this is so, obviously both parts cannot be read conjunctively. What is in the […]

Section 499, Indian Penal Code I

Can a truly blasphemous libel escape criminal action? Former Hon’ble Chief Justice of India A.S. Anand was attacked once as regards his true age. Mr. Ram Jethmalani had no little role to play in that debate. Shall SC feel safe for itself, even if it does for all else? This one shall stand Referred to […]

Referred to Larger Bench II (Answered): Suits of Borrower Against Banks

It is always interesting to note References to a Larger Bench, ones especially made on account of ‘difference’ of opinions amongst Equal Bench Strengths. Eventually, it is flocculation of law of the land; per incuriam decisions stand filtered, retaining still its historical significance. Which SC Judge is known to have scripted, most number of per incuriam decisions? […]

Justice Dattu v. Justice Joseph

Records seem to indicate, in 2006, No. 13 was skipped while assigning numbers to Courtrooms in a newly inaugurated Kerala High Court Complex. One Mr. N.K. Chandramohan filed Writ Petition No. 4268 of 2006 wherein it was alleged, Triskaidekaphobia had arisen out of a belief: ‘Guest 13’ at ‘Last Supper’ was Judas and such a […]

Judges and Astrology II

45 have served the Nation as Chief Justice of India. First was a November born. Present one is an October born. Of the 45, 23 CJIs were born in October/November/December/January. 22 others are spread over remaining 8 months. 4 special months thus account for 51% of CJIs, India has witnessed. Notably, next CJI was born […]

Misra J I

Recently, Sophocles has found a place in a Judgment authored by Hon’ble Justice Dipak Misra [State of Punjab v. Saurabh Bakshi, Criminal Appeal No. 520 of 2015]. Sophocles has never been quoted before, though Euripides was mentioned once [(1985) 3 SCC 398]. The Iyeresque style of Justice Misra is undeniable and I have commented on […]

Guesses & Conjectures I

August Bench of Hon’ble Judges A.K. Ganguly and Swatanter Kumar [Trishala Jain v. State of Uttaranchal, (2011) 6 SCC 47] once held: “guess as understood in its common parlance is an estimate without any specific information while calculations are always made with reference to specific data; guesstimate is an estimate based on a mixture of […]

Market Place of Ideas

There can be no quarrel about Supreme Court’s competence to quash criminal proceedings pending before Subordinate Courts. However, this power must be exercised sparingly and with circumspection. In S. Khushboo v. Kanniamal, (2010) 5 SCC 600 Supreme Court quashed several criminal proceedings initiated against actress Khushboo for comments she had made on pre-marital sex. Hon’ble […]

Referred to Larger Bench I: The Rules of The Game Principle

In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao, (2001) 10 SCC 51 a Two-Judge Bench [Babu and Raju JJ] held, “the rules of the game, meaning thereby the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process of selection has commenced.” In K. Manjusree, (2008) 3 SCC 512 […]

Thika Tenancy II

The Battle Royale between Mr. Jaideep Gupta and Mr. Harish Salve on “Thika Tenancy Laws” now stands concluded in Mr. Gupta’s favour. Congratulations, Sir. I saw it all. In Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 – Respondents, led by Mr. Salve, contended, under The Calcutta Thika Tenancy Act, 1949, by […]

DNA Tests: The Divide Between Science and Morality

“Case to Case Basis” is a grand excuse. In Ramkanya Bai v. Bharatram, (2010) 1 SCC 85 Hon’ble Justice Tarun Chatterjee rejected the application for a DNA test to be performed on the child of the Appellant-Wife. One fact that validated that rejection was the Respondent-Husband had made the paternity of the child a ‘prestige […]

Article 136 and Criminal Appeals I

“It is essential to address the issue of propriety and the conceptual parameters or conceptions based on well-accepted norms and paradigms to exercise the power of this Court under Article 136 of the Constitution. In Arunachalam v. P.S.R. Sadhanatha, (1979) 2 SCC 297 it has been expressed thus: “The power is plenary in the sense that […]

In Re: Apar Gupta

Apar Gupta’s Post ______ It is easy to write about M.L. Sharma, easier to dismiss him. I invite you to fight, Apar, someone more suitable to your intelligence and passion: Mr. Ram Jethmalani. Ram Jethmalani’s interview with Karan Thapar is still not forgotten history. Mr. Jethmalani had said, “I will not do anything… but everything […]

The Last Word

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Judges, Judgments & Lawyers