It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem, in the sense that it affects some High Courts far more than […]
Read more "The Persistent Illusion of Judge-Strength"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 […]
Read more "Day-Fraction"“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 […]
Read more "Life of Numbers"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 […]
Read more "Rudra – Shiva"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 […]
Read more "The Case of Mr. Steve Smith"“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 […]
Read more "Nani A. Palkhivala"“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. […]
Read more "Euclid’s Theorem 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 […]
Read more "Referred to Larger Bench XX: The Sabarimala Temple III"“Possessory claim of the Hindus to the composite whole of the disputed property stands on a better footing” is the decisive observation. Importantly, the Supreme Court has in strongest terms castigated the damage caused to the mosque in 1934, its desecration in 1949 leading to the ouster of Muslims, and the eventual demolition of the mosque […]
Read more "The Nature of Judicial Power: Senior Advocate, Rakesh Dwivedi"“Janmaasthan of Lord Ram is the place where Babri Mosque has been constructed.” Mikhail Tal, born on 09.11.1936, said once, “you must take your opponent into a deep dark forest where 2+2=5, and the path leading out is only wide enough for one”. M Siddiq v. Mahant Suresh Das, [Civil Appeal Nos. 10866-10867 of 2010], […]
Read more "The Nature of Judicial Power: Proprietary Claims of Religion"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 […]
Read more "The Case of Mr. Prithvi Shaw"Most games played just for fun can also be played for money. Lawyers and Non-Lawyers paid ample respect and just respect to a game developed on Indian Premier League [IPL]. An esteemed Eashan Ghosh calculated the accuracy of the probabilistic predictions. Mr. Ghosh, phenomenal in his Intellectual Property Law expertise, is a fair man. ‘Ramiz Baba Challenge’ Rules ‘Ramiz […]
Read more "Gambling in Cricket I"Cases where the science involved, is highly specialized and perhaps even esoteric, the central role of an expert cannot be disputed [Ramesh Chandra Agrawal v. Regency Hospital Limited, (2009) 9 SCC 709]. Be that as it may, it cannot be forgotten that opinion evidence is advisory in nature, and Court are not bound by the […]
Read more "Science for Everyone: Superimposition Technique"“The Court is tasked with determining whether a death due to malaria occasioned by a mosquito bite in Mozambique, constituted a death due to accident. Debashis Bhattacharjee was working as a Manager of a Tea Factory at Cha-De-Magoma, District Gurue, Province-Zambezia, Republic of Mozambique. In order to constitute an accident, the event must be in […]
Read more "Malaria in Mozambique"“STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM”: JUDGE LEARNED HAND. Gypsum (Calcium Sulphate Dihydrate): Natural Mineral. Gypsum Board / Drywall: Cellulosic Composite Material; Primary Raw Material = Calcium Sulphate Dihydrate + Cellulose; See, George J Venta, The Athena Sustainable […]
Read more "Euclid’s Theorem II"My Lord, Nuziveedu infringed Monsanto’s patent ? “Technically complex suit. We leave open all questions of fact and law to be urged for consideration in appropriate proceedings. The suit involved complicated mixed questions of law and facts with regard to patentability and exclusion of patent which could be examined in the suit on basis of evidence. There is […]
Read more "Monsanto v. Nuziveedu: Patent Battle"India’s first In-Vitro Fertilization (IVF) baby, and World’s second, Kanupriya, was born in Kolkata on October 3, 1978. The scientific technology behind IVF is known as Assisted Reproductive Technology (ART). Despite India being a hub of surrogacy, there is no legal framework. There are four types of surrogacy: traditional, gestational, commercial and altruistic. Commercial surrogacy […]
Read more "Surrogacy"Let us have Wives of SC Judges visit The Sabarimala Temple and stand by what their Husbands have thought and felt. I shall count the years, the Judgment lasts. I have closely followed Three Rhodes Scholars for Thirteen Years. Arghya Sengupta. V. Niranjan. Gautam Bhatia. I was aware of Arghya Sengupta, personally, even before I […]
Read more "The Sabarimala Temple II: Arghya Sengupta"Chess has been represented, or shall I say misrepresented, as a game – that is, a thing which could not well serve a serious purpose, solely created for the enjoyment of an empty hour. If it were a game only, Chess would never have survived the serious trials to which it has, during the long […]
Read more "A Man of Reason and Logic"Writ Petition (Civil) No. 373 of 2006 Hon’ble Justice Indu Malhotra The Petitioners have stated that they learnt of the practice of restricting the entry of women in the age group of 10 to 50 years in the Sabarimala Temple in Kerala from three newspaper articles written by Barkha Dutt (Scent of a Woman, Hindustan […]
Read more "The Sabarimala Temple I"