“Section 197 of The Code of Criminal Procedure, 1898 is in pari materia with Section 197 of The Code of Criminal Procedure, 1973. In State of Orissa v. Ganesh Chandra Jew, AIR 1955 SC 287 this Court interpreted use of the expression ‘official duty’ to imply, the act or omission must have been done by […]
Read more "Section 197 of The Code of Criminal Procedure, 1973"Broadcasts on Republic TV on 16.04.2020 and R Bharat on 21.04.2020, in relation to an incident at Gadchinchle [Palgarh, Maharashtra], led to lodging of multiple First Information Reports against Arnab Ranjan Goswami. The broadcast is the foundation of the allegation, offences have been committed. To allow a journalist to be subjected to pursuit of remedies […]
Read more "First Information Report II"Ramjit Singh Kardam v. Sanjeev Kumar, [Civil Appeal No. 2103 of 2020] referred to Ratnagiri Gas and Power Pvt. Ltd., (2013) 1 SCC 524 to understand, law casts a heavy burden on a person alleging mala fides. Ratnagiri Gas and Power Pvt. Ltd. had referred to Ajit Kumar Nag, (2005) 7 SCC 764 to declare, […]
Read more "The Revival of Ray XLII"My Lord, Satoshi Nakamoto? “He still remains anonymous.” Reserve Bank of India, on 06.04.2018, in exercise of the powers conferred by Section 35A read with Section 36(1)(a) and Section 56 of The Banking Regulation Act, 1949 and Section 45JA and 45L of The Reserve Bank of India Act, 1934 and Section 10(2) read with Section […]
Read more "My Precious Bitcoin"Supreme Court of India understands, Mahatma Gandhi > Bharat Ratna. Once upon a time, specifically on 23.01.1992, a press communique was issued from Rashtrapati Bhawan, New Delhi. “President is pleased to confer Award of Bharat Ratna posthumously on Shri Subhash Chandra Bose.” It was contended before SC, when a personality is higher and greater than […]
Read more "123 Netaji 123"Hon’ble Chief Justice of India is as important as Hon’ble Prime Minister. 2010-2020 has witnessed 11 CJIs and 2 PMs. One wonders why 65 is the retirement age for a Supreme Court Judge. He cannot be presumed to be dysfunctional post-65, if at 69 one can be an effective PM. 2000-2010 had witnessed 9 CJIs; […]
Read more "The Nature of Judicial Power: An Ungodly Jumble"538 is the number of former students of National Law School of India University, Bangalore [NLSIU] who ‘demanded’ repeal of The Citizenship (Amendment) Act, 2019 [CAA]. They extended unconditional support to all those who choose to exercise their fundamental right to speech and assembly to ‘express dissent peacefully’. 402 is the number of former students […]
Read more "The Myth of Peaceful Protest"“The use of the term ‘assist’ in the proviso to Section 24(8) of The Code of Criminal Procedure, 1973 is crucial, and implies that the Victim’s Counsel is only intended to have a secondary role qua the Public Prosecutor. In our considered opinion, a mandate that allows the Victim’s Counsel to make oral arguments and […]
Read more "Section 24(8) of The Code of Criminal Procedure, 1973"“I am glad, Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with appointment of Judges to Supreme Court of India. From time immemorial, mankind desired to have wise and humane Judges with the wisdom to discriminate between truth and falsehood. The legends of King Solomon and Dharmaraja and the like are […]
Read more "Appointment of Justice"My Lord, Courts should interpret the Constitution as it would have been understood by ordinary, reasonable citizens alive at the time the Constitution was enacted or Courts should interpret the Constitution as a living organism, one meant to evolve to suit the changing needs and values of contemporary society? A standing-room-only crowd of law students and […]
Read more "The Nature of Judicial Power: Hon’ble Justice Antonin G. Scalia"07.01.2019 My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972? “No. Clearly Not. See, Ahmedabad Pvt. Primary Teachers’ Association, (2004) 1 SCC 755.” – Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. State of Jharkhand, [Civil Appeal No. 2530 of 2012]. _____ 09.01.2019 My Lord, Teachers are […]
Read more "Section 2(e) of The Payment of Gratuity Act, 1972"Every examination must be evaluated for what it is, what it should be and not for what it was, what it could be. Primary duty is to avoid arbitrary results. Correct answers to questions presented in NEET-UG, 2018 was one of the 4 Options offered. Bi-lingual questions were set in English with an Option of […]
Read more "Beauty of NEET, 2018"Witnessing Padmaavat unfold on screen, on its first day of release, was unique, especially since your smart phone kept reminding you of persistent violence. The casual viewer may have even ignored a woman threatening to immolate herself or even a policemen who stood guard, but the skeptic whispered if a riot broke out… on which […]
Read more "The Last Word on Padmaavat"Two months ago, Judges 2-3-4-5 of Supreme Court wrote a long letter to the Chief Justice, complaining of assignment of Benches without any rational basis. Last Friday [*January 12, 2018*], the Judges called a Press Conference, irreversibly provoked by the Bench chosen by the Master of the Roster [Chief Justice of India], to hear a plea […]
Read more "An Alleged Judicial Crisis on Swami Vivekananda’s 155"SC in Mohapatra, (2002) 8 SCC 1 had accorded primacy to Hon’ble Chief Justice in consultative process for appointment of an Orissa Lokayukta. Justice Lokur in Chandrashekaraiah, (2013) 3 SCC 117 however confined law laid down in Mohapatra to the facts of that case only. It was held, views expressed by Chief Justice of High Court […]
Read more "Primacy of Views III: The Lokpal and Lokayuktas Act, 2013"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"“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"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"Enviro Legal Action v. Union of India, (2011) 8 SCC 161 elaborated scope of Article 137. Kamlesh Verma v. Mayawati, (2013) 8 SCC 320 further held as under: (A) Review Maintainability: Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge or could not be produced; […]
Read more "The Nature of Judicial Power: Powers of Review of Supreme Court I"Any attempt at interpretation of a long line of cases proves to be tiresome. Modern Dental College and Research Centre v. State of Madhya Pradesh, [Civil Appeal No. 4060 of 2009], delivered on 02.05.2016, provides a brave summary. Accept it with abundant caution. 5 Judges have no jurisdiction to interpret 7 or 11 erstwhile Lords. The […]
Read more "Look, T.M.A. Pai Again"
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