“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 I"“Gurbaksh Singh Sibbia, (1980) 2 SCC 565 holds the field for number of years and the same has been followed by all Courts in the country. Therefore, Siddharam Satlingappa Mhetre, (2011) 1 SCC 694 is not correct law in light of the observations made in Paragraphs 42 and 43 in Gurbaksh Singh Sibbia. Salauddin Abdulsamad […]
Read more "Anticipatory Bail II"Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Sidharth Luthra submitted, ‘petty […]
Read more "Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015"Justice Mookerjee held the following in Pulin Behari Das v. King Emperor, 16 CWN 1105. The acts of officers de facto performed by them within the scope of their assumed official authority, in the interest of the public or third persons and not for their own benefit, are generally as valid and binding as if […]
Read more "The De Facto Doctrine"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"“It must be noted that though it may be a relevant consideration in sentencing that the evidence in a given case is circumstantial in nature, there is no bar on the award of the Death Sentence in cases based upon such evidence [Swamy Shraddananda v. State of Karnataka, (2007) 12 SCC 288; Ramesh v. State […]
Read more "Review of Death Penalty XV"“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"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. 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 8 […]
Read more "Compensatory Jurisprudence of Constitutional Courts X"It is admitted, after a personal hearing took place on 30.07.2011, no decision was passed on objections submitted by land-owners, either allowing or disallowing their objections; nor was any communication sent to them. It is abundantly clear, in absence of an order being passed as contemplated by Section 20D of The Railways Act, 1989 no […]
Read more "Non-Communicated File Notings I"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"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"Religion is complex; difficult to comprehend; often open to interpretation. Which religion considers death to be a penalty and which religion considers death to be an award? It can be reasonably concluded Criminal Law of India considers death to be a punishment. In recent times, there have been several Judgments of the Supreme Court of […]
Read more "In Re: Death Penalty"Fredda Brilliant was brilliant, indeed. Thus, her art adorns Supreme Court of India. Freda or Fredda? “One afternoon the sculptress, Freda Brilliant, and her husband, Herbert Marshall, dropped in to see me. She came in with open arms, pouring out a stream of endearments. ‘Darling, darling Khushy! How are you?’ They had been to an […]
Read more "Fredda Brilliant Marshall"“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. Kingdom of Saudi […]
Read more "Unchartered Ocean of Policy Decision I / 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 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 is liable to be […]
Read more "Compensatory Jurisprudence of Constitutional Courts IX : Cringing Coward"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"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, various Tribunals have not evolved up to the expectations which is self-evident and widely acknowledged. Drastic measures were required to elevate the standards. R. […]
Read more "Rojer Mathew, SLP (Civil) 15804/2017"
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