Retired, Hon’ble Chief Justice of India A.N. Ray once said, as evidenced by George H. Gadbois, Jr, “An Indian Chief Justice, like the Lord Chief Justice, in England, should not take up any Post-Retirement Positions.” Hon’ble Justice T.S. Thakur believes however, “An Indian Chief Justice, should not be a Wasted, Valuable Human Resource.” 65 is […]
Read more "A Valuable Human Resource"My Lord, Family Arrangements? “Paragraph 9 of Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119 deserves full respect.” – Hon’ble Justice Shiva Kirti Singh, Rajni Sanghi v. Western India State Motors, [Civil Appeal No. 3698 of 2006]. _____________ For Interest, Paragraph 9 of Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119 [By virtue […]
Read more "Family Arrangements"My Lord, What is Mandamus? “Mandamus literally means a command. The essence of Mandamus in England was, it was a royal command issued by King’s Bench (now Queen’s Bench) directing performance of a public legal duty. A Writ of Mandamus is issued in favour of a person who establishes a legal right in himself. A […]
Read more "The Writ of Mandamus I"Hon’ble Justice Vikramajit Sen has yet again described what “holds the field” [See, The Proverbial Chickens of Destiny & Sen J I ]. The phrase “holds the field” is to Sen J what a “means and includes” definition is to Nariman J. “A Smaller and a Later Bench has no freedom other than to apply the […]
Read more "Sen J II"My Lord, What is a ‘Continuing Offence’? Deokaran Nenshi, (1972) 2 SCC 890 distinguished between continuing offences and offences committed once and for all. “A continuing offence is one which is susceptible of continuance and is distinguishable from one which is committed once and for all. It is one of those offences, which arises out […]
Read more "A Continuing Offence"Trivia 1: There is an irony in the name Franz Oberhauser. Franz, the half-brother of Bond, is the one who stays in the ‘other house’, the Oberhaus, the house other than Skyfall. Trivia 2: Growing up, what did Bond have for breakfast? Do we have a definitive scene of James Bond eating? He has ordered […]
Read more "James, James Bond"NJAC Order, 20:11 Forget names in Order. I should ideally be congratulating 2, and politeness invites it. This post is reserved for Mr. Prateek Chadha! Some fine suggestions. I am sure I can see a bit of you in there.
Read more "Lawyer Profiles III: Hearing Concluded, Orders Reserved"My Lord, Is there a Fundamental Distinction between a “Repeal” and an “Omission” in that in the case of a “Repeal” the Statute is obliterated from the very beginning whereas in the case of an “Omission” what gets omitted is only from the date of “Omission” and not before? No. We do not find any […]
Read more "Lawyer Profiles II: Repeal v. Omission"Tape records of speeches are “documents”, as defined by Section 3 of The Evidence Act, and stands on no different footing than photographs [See, Ziyauddin, (1976) 2 SCC 17]. They are admissible in evidence on satisfying the following conditions: (a) The voice of the person alleged to be speaking must be duly identified by the maker […]
Read more "Tape Records of Speeches"Crime stories are good reads. At the centre of State of Rajasthan v. Daud Khan, [Criminal Appeal No. 126 of 2010] is Cricket [India v. Pakistan], held on 24th March, 2004 at Gaddafi Stadium, Lahore. India won by 40 runs and thereby nailed the 5 match series 3-2. Javed Beg and Daud Khan had some […]
Read more "A 70 Feet Long Cricket Match"It is well settled, if a contract is in several parts, some of which are legal and enforceable and some are unenforceable, lawful parts can be enforced provided they are substantially severable and not merely textually divisible [Shin Satellite, (2006) 2 SCC 628]. Court must consider the question whether the parties could have agreed on […]
Read more "Substantial Severability v. Textual Divisibility"My Lord, Decree for Divorce v. Decree for Judicial Separation? “A 3-Judge Bench in Jeet Singh, (1993) 1 SCC 325 ruled that, a Decree or an Order for Judicial Separation permits the Parties to live apart. There would be no obligation for either Party to cohabit with the other; mutual rights and obligations arising out […]
Read more "Divorce v. Judicial Separation"It is well settled that a “means and includes” definition is exhaustive in nature and that there is no scope to read anything further into the said definition. Hon’ble Justice Nariman has yet again quoted P. Kasilingam v. PSG College of Technology, 1995 Supp (2) SCC 348 to re-establish the proposition [See, State Bank of […]
Read more "A “Means and Includes” Definition III"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"Under Section 30(a) of The 1940 Arbitration Act, an Arbitral Award can be set side if the Arbitrator has “misconducted himself or the proceedings”. In K.P. Poulose, (1975) 2 SCC 236 it was held, “misconduct under Section 30(a) has not a connotation of moral lapse. It comprises legal misconduct which is complete if the Arbitrator on […]
Read more "Moral Misconduct of an Arbitrator I"“It is a common case, lottery is a species of gambling. Gambling is considered as a pernicious vice by all civilized societies from time immemorial. Experience has shown, common forms of gambling are comparatively innocuous when placed in contrast with widespread pestilence of lotteries. The former are confined to a few persons and places. The […]
Read more "Mesmeric Gambling Instinct"Knowing the Judge, is the last refinement an Advocate can hope for. Gadbois Sir shall be remembered forever for his research on Judges of Supreme Court of India. What a book! I would not have realized… _____ The NJAC Judgment is still running its course and at this juncture of history it is difficult to […]
Read more "The Kesavananda Bench"“We are conscious of the principle that the word ‘or’ is normally disjunctive and ‘and’ is normally conjunctive. However, there may be circumstances where these words are to be read as vice-versa to give effect to manifest intention of Legislature as disclosed from the context. Of course, these two words normally ‘or’ and ‘and’ are […]
Read more "Disjunctive, Conjunctive I"“There is inordinate delay of 1186 days in filing the SLPs.” “There is gross delay of almost 3 1/2 years in challenging the Judgment rendered in the Writ Appeal and no explanation much less cogent explanation has been given by the Appellant.” “There is no reason to condone the delay.” – Hon’ble Justice C. Nagappan, […]
Read more "Condonation of Delay IV: 1186"ON THE EVE OF THE 03.11.2015 HEARING Khehar J travelled further down the Sahara Road. Chelameswar J quoted Ruma Pal J on the Independence of Judiciary. Lokur J guarded the Fragile Bastion, redeemed Ray. Goel J showed down the Law Minister for Obvious Reasons. Joseph J mentioned the Strange Turn by Bhagwati J. Shamser Singh […]
Read more "NJAC Judgment VI: The Dark Knight Rises"
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