“It is the admitted position that after the personal hearing took place on 30.07.2011, no decision was passed on the objections submitted by the land-owners, either allowing or disallowing their objections; nor was any communication sent to them. It is abundantly clear that in the absence of an order being passed as contemplated by Section […]Read more "Non-Communicated File Notings"
Uncontrolled and indiscriminate entry of persons, Hindu or Muslim, from Pakistan into India or from India to Pakistan, is fraught with the possibility of espionage and sabotage. When employed for espionage, care is taken to see that he does not know who his real employers are but knows only the name of his contact man, […]Read more "The Golden Lasso of Truth"
“Judicial Review, as is well known, lies against the decision-making process and not the merits of the decision itself. If the decision-making process is flawed inter alia by violation of the basic principles of natural justice, is ultra-vires the powers of the decision maker, takes into consideration irrelevant materials or excludes relevant materials, admits materials […]Read more "The Nature of Judicial Power: Constitutional Ethos"
Indians have been taught the lesson, and rightly so, that consensual intercourse, even if not procreative, is inherent for the enjoyment of life and liberty of every individual and is protected under constitutional morality. Mr. XYZ has come up with a film script. Cut short, the script is about an 18-year old Indian, who gets […]Read more "#THE377DEBATE III : My Lord, Africa"
“The expression ‘Quasi-Judicial Order’ means a verdict in writing which determines and decides contesting issues and question by a Forum other than a Court. The determination has civil consequences. Explaining the meaning of ‘Quasi-Judicial Body’ in Indian National Congress (I) v. Institute of Social Welfare, (2002) 5 SCC 685 it was held that when any body of […]Read more "Quasi-Judicial"
My Lord, Courts should interpret the Constitution as it would have been understood by ordinary, reasonable citizens alive at the time the Constitution was enacted or Courts should interpret the Constitution as a living organism, one meant to evolve to suit the changing needs and values of contemporary society? “The next loss for Scalia came in […]Read more "The Nature of Judicial Power: Hon’ble Justice Antonin G. Scalia"
My Lord, Hon’ble Justice A.P. Sen View, Paragraphs 86-87, Express Newspapers v. Union of India, (1986) 1 SCC 133 = Majority View? Yes. “We, consider it apposite to refer to The Guardians of the Poor of the West Derby Union v. The Guardians of the Poor of the Atcham, (1889) 24 QBD 117. The question […]Read more "Ratio Decidendi"