A wife died under unnatural circumstances in Nigeria. Her mother moved an application under Section 311 seeking a) summoning of Dr. I. Yusuf [Department of Pathology, Aminu Kano Teaching Hospital] through High Commission of Nigeria or b) recording Dr. I. Yusuf’s evidence through video-conferencing, after issuing a commission for the purpose. Dr. I. Yusuf had […]
Read more "Section 311 of The Code of Criminal Procedure, 1973 II"Sacred Games, Season 1 (2018, dir. Anurag Kashyap, Vikramaditya Motwane) was showcased by Netflix in June, 2018. Writ Petition (Civil) 7123 of 2018 was filed before Delhi High Court against Sacred Games soon after. One word used in Episode 4: Brahmahatya deserved correction. It remains unchanged. 09.04.2018 – Writ Petition (Civil) 7123 of 2018 was […]
Read more "Sacred Games"“The adjudication in the present case must proceed on the foundation that Shiv Dev Kaur had a life interest in the property. Creation of a tenancy was an incident of the life interest which she had. It was means of her generating rental income to sustain herself. This was authorized by the will. The submission […]
Read more "Trespassing Tenant"My Lord, Mental Illness and Crime? Post-Conviction Mental Illness? “It is well acknowledged fact throughout the world that, prisons are difficult places to be in. Piare Dusadh v. King Emperor, AIR 1944 FC 1 has already recognized post-conviction mental illness as a mitigating factor. It must be recognized that insanity recognized under IPC and the […]
Read more "Review of Death Penalty XIII"“Section 12(5) is a new provision which relates to the de jure inability of an Arbitrator to act as such. Under this provision, any prior agreement to the contrary is wiped out by the non-obstante clause in Section 12(5) the moment any person whose relationship with the parties or the counsel or the subject matter […]
Read more "Section 12(5) of The Arbitration Act III"My Lord, Supreme Court Quotations of Sherlock Holmes? One. “After all, an ordinary purchaser is not gifted with the powers of observation of a Sherlock Holmes.” [Parle Products, (1972) 1 SCC 618] My Lord, High Court Quotations of Sherlock Holmes? Some. “It would not require the penetrating intelligence of a Sherlock Holmes to realize in […]
Read more "Sherlock, Sherlock Holmes"The presumption under Section 139 is a rebuttable presumption; Section 139 is an example of a reverse onus and the test of proportionality should guide the construction and interpretation of reverse onus clauses on the defendant-accused and the defendant-accused cannot be expected to discharge an unduly high standard of proof; the standard of proof for […]
Read more "Rebuttable Presumption"