The Narcotic Drugs and Psychotropic Substances Act, 1985 is to “consolidate and amend the law relating to narcotic drugs and to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances et cetera…” [See, Narcotics Control Bureau vs. Kishan Lal, (1991) 1 SCC 705]. Section 37 has been […]
Read more "Section 37 of The NDPS Act I"While it is correct that after the appointment of an Arbitrator is made, the remedy of the aggrieved party is not under Section 11(6) of The Arbitration and Conciliation Act, 1996 but such remedy lies elsewhere and under different provisions of the Act [Sections 12, 13], the context in which the aforesaid view is usually […]
Read more "Section 11(6) of the Arbitration Act I : Attorney General’s Submissions Rejected"“Rejection of the plaint under Order 7, Rule 11 is a drastic power conferred in Court to terminate a civil action at the threshold. The conditions precedent to the exercise of power under Order 7, Rule 11 therefore, are stringent and have been consistently held to be so by Court. It is the averments in […]
Read more "The Drastic Power of Rejecting a Plaint I"Senior Advocate, President of the Bar Association of the Highest Court of a Country, Dushyant Dave is said to have lent a willing ear to a rumor. The rumor is this: Judge of a High Court is being considered for an elevation to SC. Precious words have been used to describe how if this indeed […]
Read more "Judico Me Cremari"The expression ‘sting operation’ seems to have emerged from the title of a popular movie called “The Sting” which was screened sometime in the year 1973. The movie was based on a somewhat complicated plot hatched by two persons to trick a third person into committing a crime. Being essentially a deceptive operation, though designed […]
Read more "The Sting Operator"Sir Salve and Sir Nariman argued on behalf of Sunil Bharti Mittal recently. It is to Mr. Harish Salve’s credit, his ‘neat submission‘ on ‘alter ego’ was accepted. A man is the alter ego of the company. Sir Salve submitted, “principle of alter ego has always been applied in reverse”. It is not the company that […]
Read more "Mr. Harish Salve’s Alter Ego"En passant is a move in chess. It refers to a pawn capture. The capture is so effortless, it is imagined to be ‘in passing‘. There is a pawn that is ‘passing‘ too, literally, when it is won. Hon’ble Judges of Supreme Court of India are not averse to ‘in passing‘ orations. In Richpal Singh v. […]
Read more "En Passant I"Mysteries all around! Here is a mnemonic: “Downloading the disturbing Mary Kate movie clip, Kate’s Grandfather let extraordinary gentlemen – Stephen & George – justify, steadily but surely, (their) no apparent reaction. Maybe Grandpa Neville (is) shocked by public lewdity.” 1 2 3 Here you Go! “Downloading The Disturbing Mary Kate Movie Clip, Kate’s Grandfather […]
Read more "Judges and Astrology I"Previously, the Government of India monopolized broadcasting. Hon’ble Justice P.B. Sawant in Cricket Association of West Bengal v. Union of India, (1995) 2 SCC 161 however wrote: “Broadcasting is a means of communication and, therefore, a medium of speech and expression. Hence in a democratic polity, neither any private individual, institution or organization nor any […]
Read more "Advertising Standards Council of India, Skin Whitening Products Category"It is rare for an Advocate to be directly appointed as a Judge of Hon’ble Supreme Court of India. It is even more rare, he/she shall become a Judge in a day. I am inclined to believe, Hon’ble Justice R.F. Nariman is still an Advocate in his heart. The manner in which he quotes precedents […]
Read more "A “Means and Includes” Definition I"In Calcutta and its suburb Howrah, there have existed for many years precarious tenancies popularly known as Thika Tenancies. Under such Tenancy, vacant land was leased by the Landlord to a Tenant with liberty to erect structures thereupon of a temporary nature, which were referred to as “Kutcha Structures”. The structures would be owned by […]
Read more "The Evolution of Thika Tenancy"The omission to cite an authority of law is not a ground for review. It is Counsel’s error to have not brought to notice of Court, relevant precedents. Citing of authority, therefore, often offers problems to the Bar. There is sometimes the question of how many cases to cite. “Especially since, we have not yet […]
Read more "The Proverbial Chickens of Destiny"In the year 2000, the State of Maharashtra awarded a contract for some construction work to Atlanta Limited. Disputes borne out of the contract were to be decided through Arbitration. Recourse to a Court against an Arbitral Award may be made only by an application for setting aside such Award in accordance with Sub-Section (2) […]
Read more "The Rare Case Where Section 42 of the Arbitration Act Fails"‘Eligibility’ is based on objective facts. ‘Suitability’ pertains to the realm of an opinion. The appointment of a High Court Judge may only be judicially scrutinized on the ground of ‘eligibility’ or ‘lack of effective consultation’. Judicial review, in this regard, does not lie on the assessment of the ‘suitability’ of the recommendee. Hon’ble Supreme […]
Read more "Hon’ble Justice N.V. Ramana"In 1993, when admittedly Boris Becker was not entirely focused on Tennis, a German Magazine, STERN, published an article with a picture of Boris Becker posing nude with his dark-skinned fiancée. Sports World and Anandabazar Patrika, in India, reproduced the article and the photograph. Someone in the capacity of an “experienced Advocate and an elderly person” stood his ground on […]
Read more "Boris and Barbara"Order XXXIX of The Supreme Court Rules, 1966 deals with Election Petitions under Part III of The Presidential and Vice-Presidential Elections Act, 1952. In Purno Agitok Sangma v. Pranab Mukherjee, (2013) 2 SCC 239 Petitioner questioned the Election of Respondent as President of India under Article 71 of the Constitution read with Order XXXIX of the […]
Read more "Shri Pranab Mukherjee’s Election"First Published Here “[4] Children were abducted and kept in a tunnel for over 5 months and anonymous calls were made for ransom.” Appellant was employed at the telephone booth of Nusrat Bano, Mother of 3 of those Children. He was removed from service for ‘bad conduct’. In retaliation, Appellant occasionally made an inebriated threat or […]
Read more "Impassionate Hon’ble Justice Aftab Alam"The nature and scope of jurisdiction of the Chief Justice or his Designate, under Section 11 of The Arbitration and Conciliation Act, 1996 has been expounded upon by many. SBP & Co. v. Patel Engineering Ltd., (2005) 8 SCC 618 has put beyond doubt, the Chief Justice, in performance of its role espoused by Section […]
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