It was observed in S. Azeez Basha v. Union of India, (1968) 1 SCR 833 that the words “establish and administer” in Article 30(1) must be read conjunctively and so read it gives the right to a religious minority to administer an educational institution provided it has been established by it; Article 30(1) cannot be […]Read more "Referred to Larger Bench XVI: Decades of Decay"
Power of Judicial Review, High Court [Article 226], Supreme Court [Article 32]: Integral and Essential Feature; Basic Structure of Constitution [L. Chandra Kumar, (1997) 3 SCC 261]. Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Bench of Coordinate Strength/Larger Strength or a Higher Forum. ✔ Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Smaller Bench of Lesser Strength. ✘ […]Read more "Judicial – Bench Strength – Decorum / The Revival of Ray XIV"
“For Muslims, place of birth of Hazrat Muhammed, i.e. Saudi Arabia, is the most sacred place. Visiting that place is pilgrimage for Muslim community, which is known as performing ‘Haj’. It is the desire of every person of Muslim faith, living anywhere in this world, to visit Saudi Arabia for performing Haj. The Kingdom of […]Read more "Unchartered Ocean of Policy Decision / The Revival of Ray XIII"
Contempt, Yes/No ≠ Mechanical Application of Mind [Sushila Raje Holkar, (2008) 14 SCC 392]. Contempt Jurisdiction = Four Corners of Disobeyed Order [Sudhir Vasudeva, (2014) 3 SCC 373]. Contempt Jurisdiction, Disobeyed Order = Willful Disobedience, Non-Compliance. Hon’ble Justice R. Banumathi, Armugam v. Balakrishnan, [Civil Appeal No. 1510 of 2019].Read more "Contempt Jurisdiction I"
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"