‘Judgment’ means a judicial opinion which tells the story of the case; what the case is about; how the Court is resolving the case and why. ‘Judgment’ should be coherent, systematic and logically organized. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. Many times […]Read more "Judgment"
Recently, Hon’ble Justice Prathiba M. Singh of Delhi High Court in Sulphur Mills Limited v. Dharmaj Crop Guard Limited, [CS(COMM) 1225/2018 & CC(COMM) 9/2019] said, to argue on the basis of submissions made before Commissioner of Customs, there is no novelty or inventive step in Indian Patent Number 282429, would lead to an anomalous situation […]Read more "Red Herrings"
“The Strict Liability Rule under Common Law is a relic of the past and should not be given effect in the Indian context.” – Justice Mohan M. Shantanagoudar, Taj Mahal Hotel v. United India Insurance Co. Ltd., (2020) 2 SCC 224. _____ There is certainly a phantom thread concerning the Rule of Strict Liability and […]Read more "Be Kind Rewind, Strict Liability"
While we were still shooting for Batwara, I attended a dinner party hosted by the Maharani of Jaipur with a few other members of the cast. A few players from the West Indies Cricket Team were also on the guest list, including their Captain at that time, Vivian Richards. I have always been crazy about […]Read more "Neena and Vivian"
Devdutt Pattanaik, Marriage – 100 Stories, (Rupa, 2021) has stories on – I. Origin, II. Singledom, III. Wooing, IV. Fidelity, V. Multiplicity, VI. Children, VII. Property, VIII. Barriers, IX. Heartbreak and X. Coupledom. The following is extracted from ‘III. Wooing’. Agastya Finds a Source of Income Rishi Agastya had to repay his debt to Ancestors […]Read more "Wooing and Marriage"
Although for me the idea of going to Pakistan was an exciting one it was not at all something out of the ordinary for the people in our neighborhood. It was a bright day in November when I set off to get my Passport and Visa from the Pakistan High Commission. I was accosted by […]Read more "Framed Terrorist"
“What’s in a name?“, said Juliet. It conveys, natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with significance of a ‘name’ in marking identity of an individual in his/her societal transactions. An individual must be in complete control […]Read more "Names in CBSE Certificates"
Iqbal Mohammed Memon alias Iqbal Mirchi was arrested in April 1995 and was discharged in September 1995 by Bow Street Magistrates’ Court [Magistrate Jeremy Connor]. The order was non-appealable. An extradition case dismissed before a proper trial shows an astonishing level of non-application of mind… Mirchi’s career, much like Dawood’s, started from tough and grimy […]Read more "Extraditable Fugitives III"
Danish Khan & Ruhi Khan, Escaped, (Penguin, 2021) is beautifully detailed. The number of facts cited must be appreciated. It doesn’t matter whether the story is on Vijay Mallya or successful extradition of Hansie Cronje times Sanjeev Chawla or forgotten excuses of Raymond Varley who brought Goa to disrepute. Each one will educate. Excerpt follows. […]Read more "Extraditable Fugitives II"
Gulu Ezekiel, Myth-Busting: Indian Cricket Behind The Headlines, (Rupa, 2021) is as fascinating to read as it must have been to research on and eventually write. “The whole idea is to bust long-held myths spread.” There are charming, structured anecdotes aplenty. Consider these: Farokh Engineer has been claiming, he was the First Indian Cricketer to […]Read more "Kapil’s 175*"
Courts must be open, both in physical and metaphorical sense. Citizens have a right to know about what transpires in course of proceedings. Public scrutiny is crucial to maintaining transparency and accountability. Cases before Courts are vital sources of public information about activities of Legislature and Executive. Freedom of speech and expression extends to reporting […]Read more "The Nature of Judicial Power: Constitutional Ethos II"
High Courts in India as well as Supreme Court recognize Doctrine of Indirect Discrimination. Only by exercising close scrutiny and exhibiting attentiveness to the possibility of alternatives can a Court ensure, full potential of Doctrine of Indirect Discrimination is realized and not lost in its application. _____ In a case of direct discrimination, judicial enquiry […]Read more "The Doctrine of Indirect Discrimination"
Unfortunately, there is no substantive domestic legislation or sector-specific regulations which may throw light upon the issue of whether banks are responsible for loss of articles placed inside the locker. This requires factual findings on knowledge of the contents of the locker; or whether the locker holder had prepared any receipt or inventory of the […]Read more "The Hurt Locker"
The Autobiography of a Half-Baked Indian. That’s what I ought to call my life’s story. The Great Indian Rooster Coop. Every evening on the train out of Surat, where they run the world’s biggest diamond-cutting and polishing business, the servants of diamond merchants are carrying suitcases full of cut diamonds that they have to give […]Read more "The White Tiger"
A ‘group of 34’ gathered in a public park to analyze their new-found hobby of collectively maintaining absolute silence for two hours, each day of one astrologically-permissible week. Of course, curiosity arose. There were those who wished to break the silence and there were those too who joined in, just to see where it all […]Read more "Collective Maintenance of Absolute Silence"
Sister Abhaya was found dead on 27.03.1992 and her body was recovered from a well. She was born on 26.02.1971. Varghese Chacko was a photographer, during 1992, in Kottayam Venus Studio. He took photographs of the dead body of Sister Abhaya, as per the instruction of Kottayam West Police. He noticed nail mark injuries on […]Read more "Sacred Cows of Shadowy Doubts"
Amish Devgan hosts ‘Aar Paar’ on News18 India and ‘Takkar’ on CNBC Awaaz. It remains difficult in law to draw the outmost bounds of freedom of speech and expression, the limit beyond which the right would fall foul and can be subordinated to other democratic values and public law considerations, so as to constitute a […]Read more "Hate Speech / The Revival of Ray LVI"
It is not always affordable to approach a Court of Law. Even if approached, it may be years before a final decision. Imtiyaz Ahmad v. State of Uttar Pradesh, (2012) 2 SCC 688 had a simple answer: “Pendency is merely a localized problem, in the sense that it affects some High Courts far more than […]Read more "The Persistent Illusion of Judge-Strength"
Hello, this is Saurabh Maheshwari speaking, taking over from Lordship Keshav for only a short while. I am on way to meet my fiancée Prerna on Karva Chauth. A white cab came in. Anjali stepped out. She had her backpack with her, which seemed heavy and huge compared to her skinny frame. ‘Adi Mamu, what’s […]Read more "One Arranged Murder"
NLSIU, Bangalore has been in existence for some time now. The number of people who display the University, as, at least, a footnote in their identity, is distinctive. I came across my Super-Senior, Ruchika Chanana, while discussing on ‘Quirkier’, The NLSIU Alumni Newsletter. I am happy to have found a spot in ‘Quirkier’, Issue 1. […]Read more "The Sadanand Sharma Trophy for Extramural Excellence"