Kapil’s 175*

Gulu Ezekiel, Myth-Busting: Indian Cricket Behind The Headlines, (Rupa, 2021) is as fascinating to read as it must have been to research on and eventually write. “The whole idea is to bust long-held myths spread.” There are charming, structured anecdotes aplenty. Consider these: Farokh Engineer has been claiming, he was the First Indian Cricketer to […]

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Seat of Arbitration II

My Lord, Two Companies, incorporated in India, can Arbitrate outside India? Yes. It is clear, there can be more than one ratio decidendi to a Judgment. Jacobs v. London County Council, (1950) 1 All ER 737 has been followed in State of Gujarat v. M.P. Jadeja, (2013) 2 SCC 300 and in Shayara Bano v. […]

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Contracts of Insurance II

Aman Bangia completely damaged one Porsche, DL-1CJ-3577, at 02:25 AM on 22.12.2007. It is indisputable, he smelt of alcohol. There is no evidence of recording the exact nature of alcoholic drink which was consumed and there is also no material as to the quantity consumed. We cannot resist recording our disquiet at the conduct of […]

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Sacred Cows of Shadowy Doubts

Sister Abhaya was found dead on 27.03.1992 and her body was recovered from a well. She was born on 26.02.1971. Varghese Chacko was a photographer, during 1992, in Kottayam Venus Studio. He took photographs of the dead body of Sister Abhaya, as per the instruction of Kottayam West Police. He noticed nail mark injuries on […]

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Timing of Votes

The disqualification under Section 8 of The Representation of People Act, 1951 is relatable to Article 191(1)(e). Therefore, any interpretation to Section 8 should be in sync with the constitutional scheme. Once the period of disqualification starts running, the seat, hitherto held by the person disqualified, becomes vacant by virtue of Article 190(3). His name […]

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Leo, Raph, Mikey, Don

Titty, alias George Kurian, a Turtle, was seized. Veterinary Surgeon identified the Turtle, on inspection, as ‘Indian Flap Shell’. The scientific name is ‘Lissemys Punctata’. The Court, near immediately, directed the Turtle to be freed. Section 9 of The Wild Life (Protection) Act, 1972 prohibits hunting of any wild animal under Schedule I, II, III […]

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Poison

Majority of 2:1 affirmed the conviction in Anant Chintaman Lagu v. State of Bombay, AIR 1960 SC 500.   There is absolutely no evidence relating to poison in relation to the deceased. If it were forcible poisoning by using any kind of poison, there would be struggle and resistance. There are none. The existence of […]

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Day-Fraction

There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]

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Life of Numbers

“We cannot obviously feed into a judicial computer all such… astrological imponderables in an imperfect and undulating society.” – Bachan Singh v. State of Punjab, (1982) 3 SCC 24. _____ Rule 55A of The Motor Vehicles Rules, 1994, framed and published by Madhya Pradesh, prescribes ₹ 10,000/- for reservation of a large series of registration […]

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Rudra – Shiva

Shiva, who emerged from limitless pillar of fuel-less fire, is visualized sitting under the Pole Star, on a snow-capped mountain, in the shade of a banyan tree. Shiva’s holy city, Kashi, is located at a bend in the river Ganga where it turns and moves northwards instead of southwards. This reverse flow of the river […]

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The Case of Mr. Steve Smith

Steven Peter Devereux Smith in 73 Tests has scored 7227 Runs, including 26 Centuries, at an Average of 62.84. Virat Kohli in 86 Tests has scored 7240 Runs, including 27 Centuries, at an Average of 53.62. A difference of 13 Tests has caused a difference of 13 Runs! The undoubtable talent is further evident from […]

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Nani A. Palkhivala

“A little known fact is that Nani was working at the Bombay racecourse as a totalizer while he was studying. The job demanded accuracy and speed. In the early stages of his career, Nani would take up all sorts of cases. “My Lord, I would have sat down long ago but for my conviction that […]

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Euclid’s Theorem III

“This Court has held that Judgments of Courts are not to be construed as statutes, neither are they to be read as Euclid’s theorems. All observations made must be read in the context in which they appear. This Court in Amrit Lal Manchanda, (2004) 3 SCC 75 held as follows: “Judges interpret words of statutes. […]

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Referred to Larger Bench XX: The Sabarimala Temple III

Review Petition (Civil) No. 3358 of 2018 in Writ Petition (Civil) No. 373 of 2006 Essential Religious Practices of a Religious Denomination or Section of a Religious Denomination – Constitutional Protection under Article 26? “In the Indian context, given the plurality of religions, languages, cultures and traditions, what is perceived as faith and essential practices […]

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The Case of Mr. Prithvi Shaw

The Board of Control for Cricket in India [BCCI] has adopted Anti-Doping Rules [BCCI ADR] that implement the mandatory requirements of the World Anti-Doping Agency [WADA] Code in Indian Cricket. BCCI ADR, 2019 applied to the issue. Mr. Shaw consumed a cough syrup for a couple of days before he played the Syed Mushtaq Ali […]

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