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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Compensatory Jusrisprudence of Constitutional Courts VIII : Ghanshyam Sharma

“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 […]

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Compensatory Jurisprudence of Constitutional Courts VII : James Watson

“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 […]

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The Sabarimala Temple I

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 […]

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Compensatory Jurisprudence of Constitutional Courts VI: S. Nambi Narayanan

“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, […]

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The Harmon Doctrine

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 […]

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Jactitation of Marriage

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 […]

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Scandalisation of Court

‘Scandalisation of Court’ is not ‘precisely explained’ in Supreme Court cases [See, In Re: Hon’ble Shri Justice C.S. Karnan, Suo-Motu Contempt Petition (Civil) No. 1 of 2017]. It is a species of contempt and may take several forms. A common form is the vilification of the Judge [See, Shri Baradakanta Mishra v. The Registrar of […]

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Contemptuous Katju

Armed with 35 years of hindsight, Justice Bhagwati, in 2011, expressed regret for his 1976 Judgment upholding Prevention Detention during the Emergency. Justice Chandrachud did so in 1978 in case his chances of being CJI were blighted. Were these declarations simply a flourish to catch the public eye? Do Judges even concede they are wrong? […]

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Compensatory Jurisprudence of Constitutional Courts V: Peaceful Protests of Kashmir

“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 […]

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Compensatory Jurisprudence of Constitutional Courts IV: Swami Laxmanananda Saraswati

Bl. Titus Brandsma courageously resisted Nazi ideology and died at Dachau in 1942. The Titus Brandsma Award recognizes a journalist who has made a major contribution to the struggle for human rights. Anto Akkara was conferred the Award in 2013 for having exposed the brutal persecution of Christians in India. In its Award Citation, The […]

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A Good Samaritan Law

“There is need to build confidence amongst the public to help road accident victims. Good Samaritans have the fear of legal consequences, involvement in litigation and repeated visits to Police Station. There is need to provide certain incentives to Good Samaritans. There is also dire need to enact a Good Samaritan Law in the country… […]

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Indian Ecclesiastical Jurisprudence

“Ecclesiastical Jurisprudence in India… revolves around the exposition of the Constitutional Guarantees under Articles 25 and 26 as made from time to time. The development of this branch of jurisprudence primarily arises out of claimed rights of religious groups and denominations to complete autonomy and the prerogative of exclusive determination of essential religious practices. A […]

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