My Lord, Backbone of Democracy? “Independent Bar and Independent Bench. To preserve the very independence, the observance of constitutional values, mutual reverence and self-respect are absolutely necessary. Lawyers must avoid corruption and collusion of any kind, false pleadings, twisting of facts. Honesty, dedication and hard work is the only source towards perfection. The hunger for […]Read more "Independent Bar and Independent Bench"
“A claim of title to the goods which have been seized is a relevant consideration while passing an order under Section 452. Where there are conflicting claims of entitlement to the property, the Magistrate may deal with them or, where it is found that the rival claims need to be resolved after an evidentiary trial, […]Read more "Section 452 of The Code of Criminal Procedure, 1973"
Comprehension means the unpremeditated, attentive facing up to, and resisting of, reality. The Supreme Court of India (‘SC’) has 26 Hon’ble Judges. It is difficult to comprehend the Highest Court of the Land and its Judges. The Supreme Court of the United States has 9 Judges who enjoy an appointment for a lifetime. In contrast, […]Read more "The Nature of Judicial Power: Chief Justice of India No. 51"
My Lord, Constitution of Benches and the Allocation of Cases by the Chief Justice must be Regulated by a Procedure? In the Allocation of Cases and the Constitution of Benches the Chief Justice has an Exclusive Prerogative. From an Institutional Perspective the Chief Justice is placed at the Helm of the Supreme Court. The Chief […]Read more "Constituting Benches, Allocating Cases"
Issues of Tribunals: Unresolved. 07.05.2018 Concept of Tribunals was evolved to decongest Court System. Constitutional Role of Supreme Court obstructed. If Tribunals are given Judicial Power, they must possess Independence, Security and Capacity associated with Courts. 3 Member Urgent Committee required for Issues *(I)-(II)-(III)-(IV)*. 1/3 Members: Retired Judge of Supreme Court. 16.05.2018 Retired Judge of […]Read more "Rojer Mathew, SLP (Civil) 15804/2017"
“The issues arising relate to procurement of 36 Rafale Fighter Jets for the Indian Airforce. It is our considered opinion/view that the extent of Permissible Judicial Review in matters of contracts, procurement, etc. would vary with the subject matter of the contract and there cannot be any Uniform Standard or Depth of Judicial Review which […]Read more "The Nature of Judicial Power: 36 Rafale Fighter Jets"
“High Courts are Courts of Record, set up under Article 215 of The Constitution of India. It is clear that these Constitutional Courts, being Courts of Record, the jurisdiction to recall their own orders is inherent by virtue of the fact that they are Superior Courts of Record. This has been recognized in: National Sewing […]Read more "Courts of Record"