The legal position regarding the existence of a ‘fundamental right to privacy’ is doubtful in view of the Judgments in M.P. Sharma and Kharak Singh. In Justice K.S. Puttasamy (Retd.) v. Union of India, [Writ Petition No. 494 of 2012] the warning is clear: “If the observations made in M.P. Sharma and Kharak Singh are to […]
Read more "The Judicial Indiscipline of Justice Chelameswar"Doctrine of Merger ≠ Universal/Unlimited Application. Aggrieved by an Order of a High Court, one files a Special Leave Petition, against the Impugned Order, before the Supreme Court. Outset Dismissal of the Special Leave Petition, leads to a Review Petition, against the same Impugned Order, before the High Court. Exercise of Article 136, Two Steps: […]
Read more "Referred to Larger Bench V: Maintainability of Review Petitions"In Common Cause v. UOI, (2014) 5 SCC 338 it was held, “A vivid reading of Para 104 of Aruna Shanbaug, (2011) 4 SCC 454 demonstrates, reasoning in Para 104 is directly inconsistent with observation in Para 101. In Paras 21 & 101 Bench was of view, Constitution Bench in Gian Kaur held, euthanasia could be made […]
Read more "Referred to Larger Bench IV: Katju’s Eccentricity"In (2014) 6 SCC 173, Hon’ble Justice T.S. Thakur observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies.” The man in question is Mr. Sushil Ansal. On 07.08.2011, Mr. Ansal had his book “Brick by Brick” unveiled by Maharaja Gaj Singh of Jodhpur at a glittering ceremony held at Rambagh Palace, Jaipur. […]
Read more "Referred to Larger Bench III: The Chalta Hai Attitude"Yajnavalkya Smriti classifies concubines into two types: (1) Avaruddha and (2) Bhujasya. An Avaruddha Stree operates under an injunction to stay at the master’s home whereas a Bhujasya is not kept in the house but elsewhere. There is some protection for an Avaruddha Stree in modern India. There is a presumption in favor of a […]
Read more "Masterly Concubinage I"It is always interesting to note References to a Larger Bench, ones especially made on account of ‘difference’ of opinions amongst Equal Bench Strengths. Eventually, it is flocculation of law of the land; per incuriam decisions stand filtered, retaining still its historical significance. Which SC Judge is known to have scripted, most number of per incuriam decisions? […]
Read more "Referred to Larger Bench II (Answered): Suits of Borrower Against Banks"In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao, (2001) 10 SCC 51 a Two-Judge Bench [Babu and Raju JJ] held, “the rules of the game, meaning thereby the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process of selection has commenced.” In K. Manjusree, (2008) 3 SCC 512 […]
Read more "Referred to Larger Bench I: The Rules of The Game Principle"Only recently in Jacky v. Antony, (2014) 6 SCC 508 it was decided, “in no case, power under Article 226 can be exercised to question a plaint.” In Radhey Shyam v. Chabbi Nath, [Civil Appeal No. 2548 of 2009] it has been further held, “Judicial Orders of a Civil Court are not amenable to Writ […]
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