“We fail to understand how Vijay Kurle can urge that the source of information should be disclosed. His complaint is addressed amongst all others to Judges of this Court which obviously includes the Two Judges who are members of the Bench. There can be no manner of doubt that every citizen is entitled to criticize […]
Read more "Contempt Jurisdiction IV"“When criminality enters into the grass-root level as well as at the higher levels there is a feeling that ‘monstrosity’ is likely to wither away the multitude and eventually usher in a dreadful fear that would rule supreme creating an incurable chasm in the spine of the whole citizenry” [Hon’ble Justice Dipak Misra, 05.02.2015]. In […]
Read more "Monstrosity of Winnability"Review Petition (Civil) No. 3358 of 2018 in Writ Petition (Civil) No. 373 of 2006 Essential Religious Practices of a Religious Denomination or Section of a Religious Denomination – Constitutional Protection under Article 26? “In the Indian context, given the plurality of religions, languages, cultures and traditions, what is perceived as faith and essential practices […]
Read more "Referred to Larger Bench XX: The Sabarimala Temple III"During the period 15.06.1992 to 12.06.1994, Judicial Officer, Yogesh M. Vyas, was working as a Civil Judge (JD) and JMFC, Visnagar. There were allegations of corruption against him. The High Court had come to the conclusion that no charge of corruption was made out. Since, Justice Vyas had already been out of the job for […]
Read more "Compensatory Jurisprudence of Constitutional Courts X"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? “The next loss for Scalia came in […]
Read more "The Nature of Judicial Power: Hon’ble Justice Antonin G. Scalia"“This is not the first time that Shri Nedumpara has attempted to browbeat and insult Judges of this Court. He is in the habit of using intemperate language to achieve his ends before several Judges of the Bombay High Court. Contempt when committed in the face of the Court, Judges’ hands are not tied behind […]
Read more "Contempt Jurisdiction III"“It is high time we re-arranged our law so that the ancient but misleading term “Contempt of Court” disappeared from the law’s vocabulary [Lord Scarman, Attorney-General v. British Broadcasting Corporation, [1980] 3 All ER 161]. It is important to remember that while considering the question of disobedience of an order, what must be regarded is […]
Read more "Contempt Jurisdiction II / The Revival of Ray XV"“For Muslims, place of birth of Hazrat Muhammed, i.e. Saudi Arabia, is the most sacred place. Visiting that place is pilgrimage for Muslim community, which is known as performing ‘Haj’. It is the desire of every person of Muslim faith, living anywhere in this world, to visit Saudi Arabia for performing Haj. The Kingdom of […]
Read more "Unchartered Ocean of Policy Decision / The Revival of Ray XIII"Contempt, Yes/No ≠ Mechanical Application of Mind [Sushila Raje Holkar, (2008) 14 SCC 392]. Contempt Jurisdiction = Four Corners of Disobeyed Order [Sudhir Vasudeva, (2014) 3 SCC 373]. Contempt Jurisdiction, Disobeyed Order = Willful Disobedience, Non-Compliance. Hon’ble Justice R. Banumathi, Armugam v. Balakrishnan, [Civil Appeal No. 1510 of 2019].
Read more "Contempt Jurisdiction I"“The College has been habitually indulging in foul play. The bravado shown in an attempt to cheat The Medical Council of India, Government, Court has to be condemned. “Apology is an act of contrition. Unless apology is offered at the earliest opportunity and in good grace, the apology is shorn of penitence and hence it […]
Read more "Compensatory Jurisprudence of Constitutional Courts IX : Cringing Coward"Issues of Tribunals: Unresolved. 07.05.2018 “The functioning of Tribunals is required to be reviewed on the test of speedy and inexpensive quality justice. L. Chandra Kumar, (1997) 3 SCC 261 noted that various Tribunals have not evolved up to the expectations which is self-evident and widely acknowledged. Drastic measures were required to elevate the standards. […]
Read more "Rojer Mathew, SLP (Civil) 15804/2017"“This Appeal is filed against the Final Judgment and Order dated 18.12.2007 passed by the High Court of Judicature of Rajasthan. The Appellant is a Government Company, a Sick Company, engaged in manufacture of certain items. The Respondent claimed that he worked with the Appellant Company as a casual helper in its manufacturing plant from 10.06.1976 […]
Read more "Compensatory Jusrisprudence of Constitutional Courts VIII : Ghanshyam Sharma"Let us have Wives of SC Judges visit The Sabarimala Temple and stand by what their Husbands have thought and felt. I shall count the years, the Judgment lasts. I have closely followed Three Rhodes Scholars for Thirteen Years. Arghya Sengupta. V. Niranjan. Gautam Bhatia. I was aware of Arghya Sengupta, personally, even before I […]
Read more "The Sabarimala Temple II: Arghya Sengupta"“Recently on 14 September 2018, the Learned Chief Justice, speaking for the Present Bench of Three Judges handed down a verdict granting compensation of Rs 50 Lakhs to a Space Scientist who was found upon further investigation by the CBI to have been wrongfully implicated and subjected to custodial interrogation. This was on an allegation […]
Read more "Compensatory Jurisprudence of Constitutional Courts VII : James Watson"Writ Petition (Civil) No. 373 of 2006 Hon’ble Justice Indu Malhotra The Petitioners have stated that they learnt of the practice of restricting the entry of women in the age group of 10 to 50 years in the Sabarimala Temple in Kerala from three newspaper articles written by Barkha Dutt (Scent of a Woman, Hindustan […]
Read more "The Sabarimala Temple I"“The exposé of facts very succinctly put is that on 21.10.1994, Mariam Rasheeda, a Maldivian National, was arrested and sent to Judicial Custody. During interrogation, she made certain confessions alleging that certain official secrets and documents of Indian Space Research Organization (ISRO) had been leaked out by scientists of ISRO. On 30.11.1994, S. Nambi Narayanan, […]
Read more "Compensatory Jurisprudence of Constitutional Courts VI: S. Nambi Narayanan"Shyam’s Offer Shyam also met Karna and in attempt to avert war told him what no one else had told him. ‘Know that your birth mother is Kunti. By law, you are the eldest son of the man she married, Pandu. This makes you, by law, the eldest Pandava, with full rights to Pandu’s kingdom […]
Read more "Consistent Loyalty v. Contextual Thinking"The Doctrine of Absolute Territorial Sovereignty is most often identified with an opinion prepared in 1895 by the 41st Attorney General of the United States, Judson Harmon, in response to a request by the Department of State for advice concerning a dispute with Mexico over the use of waters of the Rio Grande. Pursuant to […]
Read more "The Harmon Doctrine"Jactitation of marriage means a persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto, for the […]
Read more "Jactitation of Marriage"“It hardly needs elaboration that a distinguishing feature of any democracy is the space offered for legitimate dissent. One cherished and valuable aspect of political life in India is a tradition to express grievances through direct action or peaceful protest. Organized, non-violent protest marches were a key weapon in the struggle for Independence, and the […]
Read more "Compensatory Jurisprudence of Constitutional Courts V: Peaceful Protests of Kashmir"