Since, at commencement of 2015 Act, proceedings were pending before High Court, Section 25 of 2015 Act would be attracted [Satya Deo v. State of Uttar Pradesh, (2020) 10 SCC 555]. It would mean, The Juvenile Justice (Care and Protection of Children) Rules, 2007 would be applicable including Rule 12. This aspect has also been […]
Read more "Claim of Juvenility VII"Supriyo @ Surpiya Chakraborty v. UoI Writ Petition (Civil) No. 1011 of 2022 My Lord, LGBTQ persons have a right to marry a person of their choice regardless of religion, gender and sexual orientation? No. A thing, an occurrence, or a practice is ‘Indian’ when it is present in India, takes place here, or is […]
Read more "The Fundamental Right to Marry"The finer connotations and nuances of Section 19 of The Prevention of Money-Laundering Act, 2002, left uncharted by this Court in Vijay Madanlal Choudhary, 2022 (10) SCALE 577, were still open to interpretation and resolution. Section 19 does not specify in clear terms as to how an arrested person is to be ‘informed’ of ‘grounds […]
Read more "Grounds of Arrest"Court cannot be oblivious of times when a warlike situation prevailed. It cannot also ignore or be blind to certain realities. In opinion of this Court, rather casual and superficial attention was paid to blood transfusion. These facts establish medical negligence. Bolam Test has gained widespread acceptance and application in Indian jurisprudence. CPL Ashish Kumar […]
Read more "Medical Negligence and Consumer Law IV"McDermott International Inc. v. Burn Standard Company Limited, (2006) 11 SCC 181 has referred to various methods of computation of damages. In particular, reference has been made to Hudson’s formula, Emden’s formula and Eichleay’s formula. The computation of damages should not be whimsical and absurd resulting in a windfall and bounty for one party. The […]
Read more "Hudson, Emden, Eichleay"Our mind got clouded with suspicion. We noticed few very serious lapses. High Court completely forgot, there was juvenile-Pritam Tiwari. As per witnesses, it was Pritam Tiwari who had come. Also, Chotkau v. State of Uttar Pradesh, (2023) 6 SCC 742. If Courts are to impart justice in a free, fair and effective manner, then […]
Read more "Review of Death Penalty XXXVIII"Court did not in Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd., 2021 (1) SCR 1135 direct, a Dissenting Opinion to be treated as an Award. This approach is correct. There appears to be a slight divergence in thinking between Russell and Gary Born. It is evident, a Dissenting Opinion cannot […]
Read more "Slight Divergence of Russell and Gary Born"We are conscious, M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 came to be overruled in K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1. M.P. Sharma had observed, privacy is not a right guaranteed by Indian Constitution. What is prohibited by Article 20(3) is procuring by compulsion, positive volitional evidentiary acts. It […]
Read more "Test Identification Parade"The plea of non est factum basically means, ‘it is not my deed’. In Re: Saunders v Anglia Building Society, (1970) 3 ALL ER 961. A. The person pleading non est factum must belong to “class of persons, who through no fault of their own, are unable to have any understanding of the purpose of […]
Read more "Non Est Factum"It is well-settled, where a right or a liability is created by a statue, which gives a special remedy for enforcing it, remedy provided must be availed of. It is also well-settled, if a statue provides for doing a thing to be done in a particular manner, it can be done in no other manner. […]
Read more "Strict Construction of Election Law I"A conjoint reading of Section 34 of The Protection of Children from Sexual Offences Act, 2012 and Section 94 of The Juvenile Justice (Care and Protection of Children) Act, 2015 indicates hierarchy of documents to be accepted. No document produced was a date of birth certificate from a school or a matriculation or equivalent certificate. […]
Read more "Hierarchy of Documents / Claim of Juvenility VI"Sushant Singh Rajput (SSR) met an untimely end on 14.06.2020. The circumstances remain murky and dust is still to settle. The right to privacy and publicity are not heritable and died with SSR. The information contained in Nyay: The Justice constitute publicly available information. However, to put it plainly, coincidences are one too many. It […]
Read more "SSR"The blast at hand was not an isolated incident. It was part of an international conspiracy which was masterminded by A11, Bilal Ahmed Beg, who never faced trial. It is proved beyond reasonable doubt, A3 not only hatched a criminal conspiracy but also actively participated in procurement of materials. He failed to justify incriminating circumstances. […]
Read more "Review of Death Penalty XXXVII"02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts, [Transfer Petition (Civil) Nos. 87-101 of 2014]. […]
Read more "Random Collectibles of Justice M.R. Shah at Supreme Court"Prakash Nishad was charged for having committed offences punishable under Sections 376, 377, 302 and 201 of The Indian Penal Code, 1860. Trial Court convicted in connection with all offences and imposed Capital Punishment. High Court affirmed. We may point out, it is a case of circumstantial evidence. There are yawning gaps, numerous lapses. Court […]
Read more "Review of Death Penalty XXXVI"Division Bench of this Court in Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547 had essentially outlawed Jallikattu and Bullock Cart Race. These bovine sports were held to be contrary to The Prevention of Cruelty to Animals Act, 1960. A. Nagaraja found, bulls, to be non-suitable for being involved in any […]
Read more "The Nature of Judicial Power: Bovine Sports"This is an application under Section 9(2) of The Juvenile Justice (Care and Protection of Children) Act, 2015. As regards maintainability, Vinod Katara v. State of Uttar Pradesh, 2022 SCC OnLine SC 1204 explained rationale for raising belated claim of juvenility. It has crossed our mind, whether a boy of 12 years could commit […]
Read more "Claim of Juvenility V / Review of Death Penalty XXXV"To remember, it is an error to follow US Supreme Court decisions without adverting to differences of position in India. View taken by this Court in State of Kerala v. Raneef, (2011) 1 SCC 784; Arup Bhuyan v. Union of India, (2011) 3 SCC 377; Sri Indra Das v. State of Assam, (2011) 3 SCC […]
Read more "The Doctrine of Chilling Effect"Anvar, (2014) 10 SCC 472 as clarified in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 is law declared on Section 65B of The Indian Evidence Act, 1872. We deem it appropriate to eschew electronic evidence. It is clear, there is no reason to doubt guilt. Even though Sundar has committed a ghastly crime, there is possibility of […]
Read more "Review of Death Penalty XXXIV"Rainbow Papers Limited sought loans from Tourism Finance Corporation of India Limited and issued post-dated cheques which stood dishonoured. Criminal Complaint was filed before Chief Metropolitan Magistrate, Saket Courts, New Delhi. Neeraj Paper Agencies Limited requested initiation of Corporate Insolvency Resolution Process against Rainbow Papers Limited. The scope of nature of proceedings are quite different. […]
Read more "SC Resolves Conflict Between NI Act & IBC"
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