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"Behind every successful fortune there is a crime, wrote Mario Puzo. Truly, not everyone fears the law. How else would a Head Constable’s son be Dawood? It is magnificent that the Supreme Court has recommended to the Parliament the creation of a separate offence of lynching. While all that you read after is the charm […]
Read more "The Fear of Law and Lynching"The Doctrine of Absolute Territorial Sovereignty is most often identified with an opinion prepared in 1895 by the 41st Attorney General of the United States, Judson Harmon, in response to a request by the Department of State for advice concerning a dispute with Mexico over the use of waters of the Rio Grande. Pursuant to […]
Read more "The Harmon Doctrine"“Economic impact of a decision, wherever warranted, has to be kept in mind… in a situation where two views are possible or wherever there is a discretion given to the Court by law, the Court needs to lean in favour of a particular view which subserves the economic interest of the nation. Conversely, the Court […]
Read more "Science for Everyone: Footnote the Scholar"“DNA is the abbreviation of Deoxyribo Nucleic Acid. It is the basic genetic material in all human body cells. It is not contained in red blood corpuscles. It is, however, present in white corpuscles. It carries the genetic code. DNA structure determines human character, behaviour and body characteristics. DNA profiles are encrypted sets of numbers […]
Read more "Science For Everyone: DNA Again"While discussing ‘Colour Blindness’ before the SC [Pranay Poddar v. State of Tripura, Civil Appeal No. 4393 of 2017], Senior Advocate K.V. Vishwanathan quoted Shinobu Ishihara, a Professor at Tokyo Imperial University who, in the year 1916, had developed a diagnostic method which is still the most common test for ‘Colour Vision Deficiency’; and that […]
Read more "The Ishihara Test"A citation of questionable scientific standard. _____ In a child custody dispute in the Suburbs of Pittsburgh, three teenage boys begged a Family Court Judge not to force them to continue visits to their father because, they said, he was physically abusive towards them. The Judge relied on an Expert Witness, retained by the father, […]
Read more "The Disputed Reality of Parental Alienation Syndrome"“In this age of science, we have to build legal foundations that are sound in science as well as in law.” My Lord, What is Scientific Knowledge? “Neither Bacon, Popper nor Kunh, it is generally believed, gave a prefect description of what science is and how it works, but the US Supreme Court in Daubert, 509 […]
Read more "Scientific Knowledge"“Interest of justice is best served by ascertaining the truth and the Court should be furnished with the best available science and may not be left to bank upon presumptions, unless science has no answer to the facts in issue.” My Lord, What is DNA? “All living beings are composed of cells, which are the […]
Read more "Science for Everyone: DNA"My Lord, What is the difference between LCD and LED? “In Bloomsbury Dictionary of ‘Science for Everyone’, LCD and LED are described in the following manner: LCD AND LED are the two principal methods of forming number sand letters on instruments such as calculators and digital watches. A basic pattern of seven bars is used […]
Read more "Science for Everyone: LCD, LED"“Case to Case Basis” is the grandest excuse of an ordinary Judge. In Ramkanya Bai v. Bharatram, (2010) 1 SCC 85 Hon’ble Justice Tarun Chatterjee rejected the application for a DNA test to be performed on the child of the Appellant-Wife. One fact that validated that rejection was the Respondent-Husband had made the paternity of […]
Read more "DNA Tests: The Divide Between Science and Morality"Oft-Repeated Statement, Supreme Court Judges: “STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM“. Theorem of Euclid not purposively imagined? A strange notion has been harbored all these years that mathematics is purely mechanical. Euclid’s Theorem: “THERE ARE INFINITELY MANY PRIMES”. Without a […]
Read more "Euclid’s Theorem I"Section 13(1)(iii) of The Hindu Marriage Act, 1955 does not make the mere existence of a mental-disorder, of any degree, sufficient in law to justify the dissolution of a marriage. Its degree must be such as that the spouse seeking relief cannot reasonably be expected to live with the other. The same must be proved […]
Read more "Schizophrenia"