Be Kind Rewind, Strict Liability

“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]

Read more "Be Kind Rewind, Strict Liability"

Wooing and Marriage

Devdutt Pattanaik, Marriage – 100 Stories, (Rupa, 2021) has stories on – I. Origin, II. Singledom, III. Wooing, IV. Fidelity, V. Multiplicity, VI. Children, VII. Property, VIII. Barriers, IX. Heartbreak and X. Coupledom. The following is extracted from ‘III. Wooing’. Agastya Finds a Source of Income Rishi Agastya had to repay his debt to Ancestors […]

Read more "Wooing and Marriage"

Gradual Implementation

The theme of ‘gradual implementation’ of law or legal principles, was also spoken about in Javed v. State of Haryana, (2003) 8 SCC 369 which held, there is no constitutional imperative that a law or policy should be implemented all at once: “when the policies have far-reaching implications and are dynamic in nature, their implementation […]

Read more "Gradual Implementation"

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 […]

Read more "Kapil’s 175*"

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. […]

Read more "Seat of Arbitration II"

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 […]

Read more "Contracts of Insurance II"

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 […]

Read more "Sacred Cows of Shadowy Doubts"

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 […]

Read more "Timing of Votes"

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 […]

Read more "Leo, Raph, Mikey, Don"

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 […]

Read more "Poison"

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 […]

Read more "Day-Fraction"

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 […]

Read more "Life of Numbers"

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 […]

Read more "Rudra – Shiva"

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 […]

Read more "The Case of Mr. Steve Smith"

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 […]

Read more "Nani A. Palkhivala"

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. […]

Read more "Euclid’s Theorem III"

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 […]

Read more "Referred to Larger Bench XX: The Sabarimala Temple III"