“Under Section 24A of The Advocates Act, 1961 a person convicted of even a most heinous offence is eligible to be enrolled as an Advocate after expiry of 2 years from expiry of his sentence. This aspect needs urgent attention of all concerned. Apart from the above, we do not find any reason to hold, […]
Read more "Section 24A of The Advocates Act, 1961"“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"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 of arrest. SC held, […]
Read more "Compensatory Jurisprudence of Constitutional Courts II: Rini Johar"Any attempt at interpretation of a long line of cases proves to be tiresome. Modern Dental College and Research Centre v. State of Madhya Pradesh, [Civil Appeal No. 4060 of 2009], delivered on 02.05.2016, provides a brave summary. Accept it with abundant caution. 5 Judges have no jurisdiction to interpret 7 or 11 erstwhile Lords. The […]
Read more "Look, T.M.A. Pai Again"The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials is not legally binding for Member States, but rather seeks to further clarify aspects of the Code of Conduct for Law Enforcement Officials and provide guidelines it encourages States to adopt and implement. __________ On 15.06.2004, vide C.R. No. 8/2004 of […]
Read more "The Fake Encounters: Ahmedabad, 15.06.2004"There is a need to build confidence to help road accident victims. Good Samaritans fear of legal consequences, involvement in litigation and repeated visits to Police Station. There is a need to provide certain incentives to Good Samaritans. There is also a dire need to enact a Good Samaritan Law. Ministry of Road Transport and […]
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"History will not forget Hon’ble Justice Pratibha Rani at the crossroad of Kanhaiya Kumar v. State of NCT of Delhi, Writ Petition (Crl.) 558 of 2016. “While dealing with the Bail Application of the Petitioner it has to be kept in mind, by all concerned, they are enjoying this freedom only because our borders are […]
Read more "The Country Without a Post Office"SC in Justice Mohapatra, (2002) 8 SCC 1 had “accorded primacy to the opinion of the Hon’ble Chief Justice in the consultative process for appointment of Lokayukta”. We have been reminded so in Sachchidanand Gupta v. State of Uttar Pradesh, [Writ Petition (Civil) No. 872 of 2015], decided on 28.01.2016. Justice Lokur in Justice Chandrashekaraiah, […]
Read more "Primacy of Views II: Justice Mohapatra, (2002) 8 SCC 1"“In Monnet Ispat v. Union of India, (2012) 11 SCC 1 this Court while enumerating principles relating to Doctrine of Promissory Estoppel and Legitimate Expectation has clearly held, protection of legitimate expectation does not require fulfillment of expectation where an overriding public interest requires otherwise. In other words, personal benefit must give way to public […]
Read more "The Doctrine of Legitimate Expectation II"My Lord, What is the difference between a ‘witness of facts’ and an ‘expert’? “Facts are facts and they remain and have to remain as such forever. The witness of facts does not give his opinion on facts; he presents the facts as such. However, the expert gives an opinion on what he has tested […]
Read more "Experts I: The Supreme Court of Pakistan"“Ecclesiastical Jurisprudence in India revolves around exposition of 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 prerogative of exclusive determination of essential religious practices. A decision on such […]
Read more "Indian Ecclesiastical Jurisprudence"Dr. Ram Lakhan Singh, an incumbent of Indian Forest Service (1969 Batch, U.P. Cadre), rendered services to Respondent State and Government of India in various positions for about 35 years till his retirement. The 2004 State Government got him arrested in a fake case. Dr. Singh spent 11 days in jail and fought a legal […]
Read more "Compensatory Jurisprudence of Constitutional Courts I : Ram Lakhan Singh"Honourable. Honourable. Honourable. Hon’ble Justice Altamas Kabir has shared the Bench with Hon’ble Justice J. Chelameswar for days on end. Hon’ble Justice Altamas Kabir was sworn in at the Hon’ble Calcutta High Court on the same day as Hon’ble Justice Ruma Pal. They are friends. It is widely rumored, Hon’ble Justice Ruma Pal facilitated Hon’ble […]
Read more "NJAC Judgment II: Jasti Chelameswar J"A meeting was called by Chief Justice of India after Bomb Blasts outside Delhi High Court on 07.09.2011. Court on its Administrative Side, after deliberations with Delhi Police, prohibited vendors to squat along the perimeter of Supreme Court. There is a road called Bhagwan Das Road after Supreme Court compound wall. After crossing the road, […]
Read more "Safety and Security of Supreme Court"In Julius v. Bishop of Oxford, (1880) 5 AC 214 it was observed, “The words ‘it shall be lawful’ are plain and unambiguous. They confer a faculty or power, and they do not of themselves do more than confer a faculty or power. But there may be something in the nature of the thing empowered to […]
Read more "Power Coupled With Duty I"The Last Word: As per standards of Hurra, (2002) 4 SCC 388 a Curative Petition shall be circulated amongst “3 Senior-Most Judges” of SC and “Judges who passed the Judgment complained of, if available”. When a Majority concludes, a hearing is required – it should be listed. Hon’ble Justice Dipak Misra: “Needless to say, the availability […]
Read more "The Yakub Hanging"It is always interesting to note References to a Larger Bench, ones especially made on account of ‘difference’ of opinions amongst Equal Bench Strengths. Eventually, it is flocculation of law of the land; per incuriam decisions stand filtered, retaining still its historical significance. Which SC Judge is known to have scripted, most number of per incuriam decisions? […]
Read more "Referred to Larger Bench II (Answered): Suits of Borrower Against Banks"In Maharashtra State Road Transport Corporation v. Rajendra Bhimrao, (2001) 10 SCC 51 a Two-Judge Bench [Babu and Raju JJ] held, “the rules of the game, meaning thereby the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process of selection has commenced.” In K. Manjusree, (2008) 3 SCC 512 […]
Read more "Referred to Larger Bench I: The Rules of The Game Principle"“Case to Case Basis” is a grand excuse. In Ramkanya Bai v. Bharatram, (2010) 1 SCC 85 Hon’ble Justice Tarun Chatterjee rejected the application for a DNA test to be performed on the child of the Appellant-Wife. One fact that validated that rejection was the Respondent-Husband had made the paternity of the child a ‘prestige […]
Read more "DNA Tests: The Divide Between Science and Morality"
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