The Nature of Judicial Power: Caste in Prison Manuals

Our interpretation of the Constitution must fill silences in its text. Framers could not have anticipated every situation to arise in future. They also intentionally left certain decisions to discretion of future generations. However, choices we make today must align with broader constitutional framework and values. The fight against caste-based discrimination is not a battle […]

Shama’s Escape

‘Life is the art of drawing sufficient conclusions from insufficient premises.’ – Samuel Butler, Erewhon (1872). In present case, Appellants cleverly concocted a story of Shama escaping from their custody and created a record to buttress it. Not content therewith, Appellants also cooked up what is clearly a fabricated saga of Shama surfacing in Raipur and being convicted by a Railway […]

Broken Phones

Doctrine of Inchoate Crimes is a cornerstone of criminal jurisprudence. It is aimed at addressing legal culpability of those who engage in preparatory conduct. If unaware about Section 15 of The Protection of Children from Sexual Offences Act, 2012, this by itself does not give rise to a corresponding legitimate or reasonable ground to believe, […]

Most Basic Notions of Justice

Explanation 1 to Section 34(2)(b)(ii) of Arbitration Act, added through Amendment, 2015, specifies, an Arbitral Award is in conflict with public policy of India only if (i) making of Award was induced or affected by fraud or corruption or was in violation of Section 75 or Section 81; or (ii) it is in contravention with fundamental policy of […]

Monsters-In-Law IV

Apart from a statement, there is nothing on record to substantiate ‘stridhan’ is with Former In-Laws of Daughter. Bobbili Ramakrishna Raja Yadav v. State of Andhra Pradesh, (2016) 3 SCC 309 held, giving traditional presents at time of wedding does not raise a presumption, such articles are thereby entrusted to Parents-In-Law so as to attract […]

Referred to Larger Bench XXXIX (Answered): Maintenance in Bigamy

Chand Diwan v. Jawaharlal Diwan, (1993) 3 SCC 406 squarely covers point. We find no ground to disbelieve, fact of her previous marriage was not concealed from her present husband. A bigamous marriage may be declared illegal. But, it cannot be said to be immoral so as to deny even right of alimony or maintenance […]

Caution for Lust in Hollywood

“Another study of 800 Movies showed, ‘nudity’ is a negative predictor of Box Office Revenue in U.S. (A. Cerridwen and D.K. Simonton, 2009).” – Smt. K.B. Valsalakumari, I.A.S. (Retd.)-Principal Secretary (Retd.), Government of Kerala in ‘Report of Expert Committee constituted by Government of Kerala‘. _____ U.S. Domestic Gross for Ang Lee’s Lust, Caution (2007) was […]

Assessment of Statute

For over 50 yrs., High Court has been disposing of Writ Petitions raising claims or challenges to exercise of powers or dereliction of duties under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The propensity and proclivity of 1971 Act to generate litigation are worrisome. The exasperation of High Court is understandable. Court […]

The Nature of Judicial Power: Typographical Errors

Most minerals are spatially located in a few mineral rich states, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Orissa, Rajasthan and West Bengal. Constitution is a living organic document and must be interpreted in that spirit [Saurabh Chaudri v. Union of India, (2003) 11 SCC 146 ; Navtej Singh Johar v. Union of […]

Able Disable All People Together II

Nachiketa Walhekar v. Central Board of Film Certification, (2018) 1 SCC 778 held, Court will be extremely slow to restrain creative works, once Board had approved exhibition. The context, intention and overall message must be considered before protection of free speech is lifted. We have heard Sanjoy Ghose, Senior Counsel and Jai Anant Dehadrai, Counsel […]

Price is Right

Somendra was a cunning merchant. Nandish was a simple village boy. He was poor and had nothing in the world but one beautiful white horse. “What does a young boy like you need with a horse?” When the offer reached five hundred gold coins, Nandish paused and seemed to give it a thought. “You must […]

Equestrian

The equestrian sport dates back to ancient Greek era and has been an Olympic sport from 1900 onwards. The dressage sport is popularly known as horse ballet. The riders and their horses are judged based on their movement, calmness, suppleness and flexibility. One judges the horse’s enthusiasm to perform each element with minimum encouragement from […]

34, The Nature of Judicial Power: Article No. 1434

27 SC Judges on CJI Lalit J’s retirement day [08/11/2022] turned to 28 with Datta J’s arrival [12/12/2022] and 27 again on Nazeer J’s retirement [04/01/2023]. A month later [06/02/2023], 5 Judges were elevated to SC [Mithal, Karol, S. Kumar, Amanullah, M. Misra JJ]. Also, within a week [13/02/2023], 2 more Judges were elevated to […]

Referred to Larger Bench XXXVII: Limitation and Debt

State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657 did not dispute, a statute of limitation only bars a remedy and does not extinguish a debt. It would also be apposite to point out, recently, K.C. Ninan v. Kerala State Electricity Board, 2023 INSC 560 noticed V.R. Kalliyanikutty and concluded, a statute of limitation […]

Criminal Proceedings in Marriages

Many times, Parents including Close Relatives of a Wife make a mountain out of a mole. No sooner it reaches Police, fair chances of reconciliation would get destroyed. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent […]

Promotional Trailers

A ‘service’ involving ‘art’ necessarily involves ‘freedom and discretion in presentation’. Before release of ‘Fan‘ in 2016, Yash Raj Films Private Limited circulated a ‘promotional trailer’, both on television and online, which contained a song in form of a video. Afreen Fatima Zaidi states, ‘Fan‘ did not contain the song, even though the song was […]

The Case of Three Vehicles

Karikho Kri-Independent, Dr. Mohesh Chai-Bharatiya Janata Party and Nuney Tayang-Indian National Congress contested from 44 Tezu (ST) Assembly on 11.04.2019. Karikho Kri emerged victorious with 7538 votes, while Dr. Mohesh Chai secured 7383 and Nuney Tayang secured 1088 votes. Once it is accepted, Kri’s Kinetic Zing Scooty-AR-11/4474, Maruti Omni Van-AR-11A/3100 and TVS Star City Motorcycle-AR-11/685 […]

Referred to Larger Bench XXXVI (Answered): Principles of Natural Justice X

Chief Justice Sabyasachi Mukharji in Charan Lal Sahu v. Union of India, (1990) 1 SCC 613 felicitously described, “Principles of Natural Justice are fundamental… no man or no man’s right should be affected without an opportunity to ventilate his views… we are also conscious, justice is a psychological yearning.” This echoes what Lord Megarry said […]

Illegal Gratification IV

Duality of Sir Amitabh in Shahenshah, (1998) as a Corrupt-Comic Police Officer and a Costumed Crime-Buster compelled many to wonder, what did Sir Amitabh do with his illegal gratifications? No matter what you answer, acceptance of those gratifications were without law. Court has not refrained from reconsidering a prior construction, if it proves to be […]

The Little Pencil

Ensuring a free and fair electoral process is imperative to maintain legitimacy of trust in a representative democracy. Kuldeep Kumar is declared to be validly elected as Mayor of Chandigarh Municipal Corporation. We echo observations by Justice VR Krishna Iyer in Mohinder Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405. “At the bottom […]

The Last Word

A Diversion for Lawyers and Others

Poems, Scripts