Magic Formula

My Lord, Political Question? No. Justice Y.V. Chandrachud, as Lordship then was, speaking in Indira Nehru Gandhi v. Raj Narain (1975) Suppl. SCC 1 held, “principle of separation of powers is not a magic formula.” Irrespective of consequences, an honest person would, ordinarily, unrelentingly take on high and mighty and persevere in righteous path. Appointment […]

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Five Judges in February

Half-baked Lawyers serve no purpose. – Hon’ble Justice Sanjay Kishan Kaul, Bar Council of India v. Bonnie Foi Law College, [Civil Appeal No. 969 of 2023]. _____ We may note, CJI B.P. Sinha’s Dissent in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, AIR 1962 SC 853: The right of ex­-communication vested is not […]

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Judges Judged Everyday

Anna Mathews v. Supreme Court of India, [Writ Petition (Civil) No. 148 of  2023] Invariably a number of shoot down and dismissive letters and communications from all quarters are received. Only thereafter, and on consideration, Collegium of Supreme Court takes a final call, which is then communicated to Government. When eligibility is put in question, […]

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Rana Ayyub

The Prevention of Money-Laundering Act, 2002 provides for a two-pronged approach, one for dealing with ‘proceeds of crime’ and other for dealing with persons guilty of offence of money-laundering. As articulated in Kaushik Chatterjee v. State of Haryana, (2020) 10 SCC 92 jurisdiction of a Criminal Court is determined by (i) offence and/or (ii) offender. […]

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The Nature of Judicial Power: Hon’ble Justice B.V. Nagarathna

Tirath Ram Rajindra Nath, Lucknow v. State of U.P., AIR 1973 SC 405 held, there is a distinction between encroachment on judicial power and nullification of effect of a judicial decision by changing law retrospectively. The former is outside competence of Legislature. The latter is within its permissible limits. It would be permissible for Legislature […]

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Public Document

Saurav Das has prayed States to enable free public access to a Charge Sheet, filed as per Section 173 of The Code of Criminal Procedure, 1973, in furtherance of rationale as established in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473. Reliance on Youth Bar Association of India; Sections 74 […]

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Unchartered Ocean of Policy Decision V / The Demonetization Recommendation

Shri P. Chidambaram submits, result of demonetization was disastrous. But, if Notification No. 3407(E) [08.11.2016] had a nexus with objectives to be achieved, Notification No. 3407(E) [08.11.2016] would not be bad in law merely because some citizens suffered through hardships. It will not be proper for Court to enter into an area which should be […]

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Ethnic

Mumbai witnessed mob frenzy, violence, communal tension and riots from 06.12.1992 to 10.12.1992 and from 06.01.1993 to 20.01.1993. When citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts on 12.03.1993.   The meaning of ‘ethnic’ according to Merriam­-Webster Dictionary is, “of or relating to large groups of people […]

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Ex Debito Justitiae II

The principle of ‘ex debito justitiae‘ has been emphasized. No man should suffer because of mistakes of Court. To err is human and Courts including Apex Court are no exception. It has been held, rules of procedure are handmaidens of justice and not mistresses of justice. The principle of ‘ex debito justitiae‘ cannot be given […]

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Exhumation

15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]

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Writ Against Termination of Service by Private Bodies

St. Mary’s Education Society, registered under The Madhya Pradesh Society Registrikaran Adhiniyam, 1973, runs St. Mary’s Higher Secondary School in Mhow, Indore, Madhya Pradesh. St. Mary’s Education Society and St. Mary’s Higher Secondary School are absolutely private institutions, without any aid or control of Government or any instrumentality of Government, and therefore, not a ‘State’ […]

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The Writ of Mandamus III

It is clear, a Writ of Mandamus or a direction in the nature of a Writ of Mandamus is not to be withheld, in exercise of powers of Article 226, on any technicalities. This is subject only to indispensable requirements being fulfilled. There must be a public duty. While the duty may, indeed, arise form […]

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