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 […]
Read more "Section 11 of the Arbitration Act I"
The Last Word 
You must be logged in to post a comment.