The Doctrine of Indirect Discrimination

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 […]

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The Copyright Act, 1957

The expression ‘copyright’ has to be understood only as is stated in Section 14 and not otherwise. It is an exclusive right, which is negative in nature, being a right to restrict others from doing certain acts. The ownership of copyright in a work is different from the ownership of the physical material in which […]

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Compensatory Jurisprudence of Constitutional Courts XI : Custodial Violence

We may refer to Division Bench Judgment of Nagpur High Court reported in Bipin Singh Choudhary, AIR 1945 Nagpur, Oudh, Peshawar & Sind 104 where Division Bench consisted of Justice Vivian Bose. The ratio is, in event people holding public office abuse their position, it becomes a matter of great public concern. We fully endorse […]

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Contempt Jurisdiction VII

A person does not commit contempt if, during the pendency of certain proceedings, he takes recourse to other judicial proceedings open to him, even though the latter proceedings put the other party at a loss [Pratap Singh v. Gurbaksh Singh, 1962 SCR Supp. (2) 838; Radhey Lal v. Niranjan Nath, (2004) 5 SCC 119; Mehar […]

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Contempt Jurisdiction IV

“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 […]

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Monstrosity of Winnability

“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 […]

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Referred to Larger Bench XX: The Sabarimala Temple III

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 […]

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The Nature of Judicial Power: Hon’ble Justice Antonin G. Scalia

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 […]

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Contempt Jurisdiction III

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 […]

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Contempt Jurisdiction I

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].

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Rojer Mathew, SLP (Civil) 15804/2017

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. […]

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