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"
‘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 […]Read more "Scandalisation of Court"
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? […]Read more "Contemptuous Katju"
“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"
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 […]Read more "Compensatory Jurisprudence of Constitutional Courts IV: Swami Laxmanananda Saraswati"
“On February 1, 2011 when Himgiri Express left Shahjahanpur Railway Station with hundreds of men on roof top and headed towards Rosa town, an accident took place at Hathaurda Railway Over Bridge near Mohammadabad. The Railway Over Bridge was not tall enough and the gap between the roof of the coach and the bottom of […]Read more "Compensatory Jurisprudence of Constitutional Courts III: Himgiri Express"
The recent matter of Dr. Rini Johar v. State of M.P. [Writ Petition (Criminal) No. 30 of 2015] has brought back memories of Rudul v. State of Bihar, (1983) 4 SCC 141 that heralded a new era of compensatory jurisprudence in Indian legal history. Rini and Gulshan Johar were arrested in 2012 without following the procedure […]Read more "Compensatory Jurisprudence of Constitutional Courts II: Rini Johar"
“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… […]Read more "A Good Samaritan Law"
“New York Times, in the Editorial, ‘The Frankfurter Legacy’, on September 2, 1962, while stating about the greatness of Felix Frankfurter, chose the following expression:- “History will find greatness in Felix Frankfurter as a justice, not because of the results he reached but because of his attitude toward the process of decision. His guiding lights […]Read more "Epistolary Jurisdiction of Constitutional Courts"
“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 […]Read more "Indian Ecclesiastical Jurisprudence"