The principle of ‘real likelihood of bias‘ has now taken a tilt to ‘real danger of bias’ and ‘suspicion of bias’ [(2004) 8 SCC 788]. Theatrics of Learned Senior Counsels? “Difficult to say for sure. But deep within, don’t we all understand” [(2014) 8 SCC 470]. No one can suppose, Hon’ble Justice Dave could be, […]
Read more "Recusants"In (2014) 6 SCC 173, Hon’ble Justice T.S. Thakur observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies.” The man in question is Mr. Sushil Ansal. On 07.08.2011, Mr. Ansal had his book “Brick by Brick” unveiled by Maharaja Gaj Singh of Jodhpur at a glittering ceremony held at Rambagh Palace, Jaipur. […]
Read more "Referred to Larger Bench III: The Chalta Hai Attitude"Yajnavalkya Smriti classifies concubines into two types: (1) Avaruddha and (2) Bhujasya. An Avaruddha Stree operates under an injunction to stay at the master’s home whereas a Bhujasya is not kept in the house but elsewhere. There is some protection for an Avaruddha Stree in modern India. There is a presumption in favor of a […]
Read more "Masterly Concubinage I"“As has been stated by us above, ‘means’ ‘and includes’ is a legislative device by which the ‘includes’ part brings by way of extension various persons, categories, or things which would not otherwise have been included in the ‘means’ part. If this is so, obviously both parts cannot be read conjunctively. What is in the […]
Read more "A “Means and Includes” Definition II"There had been divergent judicial opinions on the issue whether a Police Officer is bound to register a FIR upon receiving any information relating to a commission of a cognizable offence. While some opinions granted the Police Officer the latitude of conducting a preliminary inquiry to test the veracity of the information received, some others […]
Read more "Lalita Kumari I"Can a truly blasphemous libel escape criminal action? Former Hon’ble Chief Justice of India A.S. Anand was attacked once as regards his true age. Mr. Ram Jethmalani had no little role to play in that debate. Shall SC feel safe for itself, even if it does for all else? This one shall stand Referred to […]
Read more "Section 499, Indian Penal Code I"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"Records seem to indicate, in 2006, No. 13 was skipped while assigning numbers to Courtrooms in a newly inaugurated Kerala High Court Complex. One Mr. N.K. Chandramohan filed Writ Petition No. 4268 of 2006 wherein it was alleged, Triskaidekaphobia had arisen out of a belief: ‘Guest 13’ at ‘Last Supper’ was Judas and such a […]
Read more "Justice Dattu v. Justice Joseph"45 have served the Nation as Chief Justice of India. First was a November born. Present one is an October born. Of the 45, 23 CJIs were born in October/November/December/January. 22 others are spread over remaining 8 months. 4 special months thus account for 51% of CJIs, India has witnessed. Notably, next CJI was born […]
Read more "Judges and Astrology II"Recently, Sophocles has found a place in a Judgment authored by Hon’ble Justice Dipak Misra [State of Punjab v. Saurabh Bakshi, Criminal Appeal No. 520 of 2015]. Sophocles has never been quoted before, though Euripides was mentioned once [(1985) 3 SCC 398]. The Iyeresque style of Justice Misra is undeniable and I have commented on […]
Read more "Misra J I"August Bench of Hon’ble Judges A.K. Ganguly and Swatanter Kumar [Trishala Jain v. State of Uttaranchal, (2011) 6 SCC 47] once held: “guess as understood in its common parlance is an estimate without any specific information while calculations are always made with reference to specific data; guesstimate is an estimate based on a mixture of […]
Read more "Guesses & Conjectures I"If you live in New Delhi and if you find yourself approaching the Hauz Khas Market, you would surely notice Dr. Dang’s Lab/Dr. Dang’s Diagnostic Centre at the corner of the road. It has at least caught my attention several times. No can one forget the face-off between Dilip Kumar and Anupam Kher in the […]
Read more "Dr. Dang"There can be no quarrel about Supreme Court’s competence to quash criminal proceedings pending before Subordinate Courts. However, this power must be exercised sparingly and with circumspection. In S. Khushboo v. Kanniamal, (2010) 5 SCC 600 Supreme Court quashed several criminal proceedings initiated against actress Khushboo for comments she had made on pre-marital sex. Hon’ble […]
Read more "Market Place of Ideas"An aggrieved person is entitled to judicial review if he can show that a decision of the public authority deprives him of some benefit or advantage which in the past he had been permitted to enjoy and which he legitimately expected to be permitted to continue to enjoy until he was given reasons for withdrawal […]
Read more "The Doctrine of Legitimate Expectation I"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"Consumer Tribunals are creatures of a statute and derive their power from the express provisions of that statute. It is now settled law that District Consumer Forums and State Commissions have no power to recall or review their own orders [(2011) 9 SCC 541]. There is no provision in The Consumer Protection Act, 1986 granting […]
Read more "Powers of Review of NCDRC"As per the Second Proviso to Section 19 of The Consumer Protection Act, 1986, no appeal by a person, who is required to pay any amount in terms of an order of a State Consumer Disputes Redressal Commission, shall be entertained by the National Consumer Disputes Redressal Commission unless the appellant deposits, in the prescribed […]
Read more "Section 19 of The Consumer Protection Act, 1986"The Battle Royale between Mr. Jaideep Gupta and Mr. Harish Salve on “Thika Tenancy Laws” now stands concluded in Mr. Gupta’s favour. Congratulations, Sir. I saw it all. In Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 – Respondents, led by Mr. Salve, contended, under The Calcutta Thika Tenancy Act, 1949, by […]
Read more "Thika Tenancy II"My Lord, Is a Writ Application maintainable against an Order of West Bengal Land Reforms and Tenancy Tribunal, refusing to initiate Contempt Proceedings against an Authority arrayed as a Respondent before the Tribunal? Yes. “Such a pristine question of law does not require any reference to the facts… We are unable to agree with the […]
Read more "Writ Against Order of Tribunals II"“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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