“The phrase ‘public policy’ is not capable of precise definition. In P. Rathinam, (1994) 3 SCC 394 it was observed: “The concept of ‘public policy’ is, however, illusive, varying and uncertain. It has also been described as ‘untrustworthy guide’, ‘unruly horse’ et cetera.” Broadly it will mean what is in the larger interest of the […]
Read more "Public Policy"“There cannot be an iota of doubt that no prejudice shall be caused to anyone due to the fault of the Court, but it is to be seen in what situations the Court can invoke the maxim ‘actus curiae neminem gravabit’. In this regard, we may usefully refer to a passage from Kalabharati Advertising, (2010) […]
Read more "Actus Curiae Neminem Gravabit"A citation of questionable scientific standard. _____ In a child custody dispute in Suburbs of Pittsburgh, 3 teenage boys begged a Family Court Judge not to force continued visits to their father because, they said, he was physically abusive towards them. Judge relied on an Expert Witness, retained by the father, a Columbia University Professor […]
Read more "The Disputed Reality of Parental Alienation Syndrome"Madhya Pradesh Professional Examination Board ridded certain students of their results, awarded in their professional MBBS course, on the ground, they had gained admission to the course by resorting to unfair means. Hon’ble Justice Chelameswar (Presiding Judge) had expressed the view, complete justice in the matter would be rendered, if the qualifications successfully acquired by […]
Read more "1+3 Judges Disagree With Justice Chelameswar on ‘Cheating Students’"On March 05, 2014 Hon’ble Justice T.S Thakur, not yet CJI, observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies” [(2014) 6 SCC 173]. The price of Sushil Ansal’s ‘Chalta Hai Attitude’ was pegged at Rs. 30 Crores [(2015) 10 SCC 359]. That is merely 18 Crores more than what a […]
Read more "The Advanced Age of Sushil Ansal"“After all the 11 Judgments of the Court were orally pronounced on April 24, 1973 CJ Sikri produced and read out in Court a paper which was called “The View by the Majority” and passed it on for signatures of all 13 Judges on the Bench. 4 Judges, Justices Ray, Mathew, Dwivedi and Beg would […]
Read more "The Kesavananda Bench II: The Chandrachud Angle"Sub-section (3) of Section 123 of The Representation of the People Act, 1951 deems the following to be a ‘corrupt practice’: “The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the […]
Read more "‘His’ Story: Section 123(3) of The Representation of the People Act, 1951"“It is a settled proposition of law that a decree obtained by playing fraud on Court is a nullity and that such a decree could be challenged at any time in any proceedings. This proposition is certainly not in dispute. Learned Counsel also placed reliance on Union of India v. Ramesh Gandhi, (2012) 1 SCC […]
Read more "Fraudulent Decrees"Armed with 35 years of hindsight, Justice Bhagwati, in 2011, expressed regret for his 1976 Judgment upholding Prevention Detention during the Emergency. Justice Chandrachud did so in 1978 in case his chances of being CJI were blighted. Were these declarations simply a flourish to catch the public eye? Do Judges even concede they are wrong? […]
Read more "Contemptuous Katju"Retired Hon’ble Chief Justice of India A.N. Ray, though expected to be President, one day, once said, as evidenced by George H. Gadbois, Jr, “An Indian Chief Justice, like the Lord Chief Justice, in England, should not take up any post-retirement positions.” Taking up a post-retirement position is one thing; soliciting one is quite another. […]
Read more "Chamber Practices of Former Supreme Court Judges"[The following was first published here] It is murder, if the intentional infliction of bodily injury is sufficient in the ordinary course of nature to cause death. In February 2011, a day before her engagement ceremony, 23-year-old Soumya was injured, raped and robbed. She died a few days later, in a hospital, having never regained […]
Read more "The Exquisite Corpse of Soumya II: Law and Other Things, 05.10.2016"A ‘domestic violence‘ within the meaning of The Protection of Women from Domestic Violence Act, 2005 is ‘gender neutral‘; physical abuse, verbal abuse, emotional abuse and economic abuse can all be by women against other women. “Even sexual abuse may, in a given fact circumstance, be by one woman on another.” SC in Hiralal Harsora […]
Read more "Monsters-In-Law II"My Lord, 1997 Amendment to Section 28 of The Indian Contract Act, 1872 – Retrospective? No. “What emerges on a reading of the Law Commission Report together with the Statement of Objects and Reasons for the Amendment is that the Amendment does not purport to be either declaratory or clarificatory. It seeks to bring about […]
Read more "Section 28 of The Indian Contract Act, 1872"“The expression ‘legal proceeding’ has been the subject matter of consideration in the Federal Court decision in Governor-General in Council v. Shiromani Sugar Mills Ltd., AIR 1946 FC 16. In that decision Section 171 of The Indian Companies Act, 1913 came up for consideration. “When a winding-up order has been made or a Provisional Liquidator […]
Read more "Legal Proceeding"Throughout the history of the use of the term in Latin, ‘prima facie’ meant only the most cursory, initial impression. It retained that meaning upon its adoption into colloquial English. The term ‘prima facie’ is used in the law both as an adjective and as an adverb. Common Law Courts which developed the judicial meaning […]
Read more "Prima Facie"“The principle of ‘ex debito justitiae’ has been elaborately dealt with in the concurring Judgment of Umesh C. Banerjee J in Rupa Ashok Hurra, (2002) 4 SCC 388, Paragraph 69. The principle is founded on a recognition of a debt that justice delivery system owes to a litigant to correct an error in a judicial […]
Read more "Ex Debito Justitiae I"Manoj Kumar Sharma, serving in the Indian Air Force at the relevant time, got married to one Nandini on 27.04.1999. On 20.09.1999, Nandini Sharma committed suicide at her matrimonial home. Ambala Police closed the case after fulfilling the requirements of Section 174 of The Code of Criminal Procedure, 1973 holding, there was no foul play […]
Read more "First Information Report I"“We think it profitable to examine the scheme of Order 6, Rule 16: “16. Striking out pleadings – Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading – (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to prejudice, […]
Read more "Order 6, Rule 16 of The Code of Civil Procedure, 1908"Every criminal trial is a voyage of discovery in which truth is the quest. It is the duty of a Presiding Judge to explore every avenue open to him in order to discover the truth and to advance the cause of justice. Presiding Judge must cease to be a spectator and a mere recording machine. […]
Read more "Section 311 of The Code of Criminal Procedure, 1973 I"The party issuing a tender (employer) ‘has the right to punctiliously and rigidly’ enforce the terms of the tender. Here is a wholesome principle that the Courts have been following for a very long time and which was articulated in Nazir Ahmad v. King Emperor, (1979) 3 SCC 489: “Where a power is given to […]
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