Hon’ble Justice Dipak Misra, while attempting to clear a ‘maze’ has perhaps created yet another in Harmony Innovation Shipping Limited v. Gupta Coal India Limited, [Civil Appeal No. 610 of 2015] . From the many Post-Bhatia cases dealing with implied exclusion, only two propositions became relatively well-established: (1) the choice of a foreign proper law, in […]
Read more "Implied Exclusion of Part I of the Arbitration Act I"“It is essential to address the issue of propriety and the conceptual parameters or conceptions based on well-accepted norms and paradigms to exercise the power of this Court under Article 136 of the Constitution. In Arunachalam v. P.S.R. Sadhanatha, (1979) 2 SCC 297 it has been expressed thus: “The power is plenary in the sense that […]
Read more "Article 136 and Criminal Appeals I"In Surya Vadanan v. State of Tamil Nadu, [Criminal Appeal No. 395 of 2015] the custody of two minor girls, both British citizens, was in question. Following intense matrimonial discords, the mother had left U.K. and had come to India with her two daughters. She also instituted a proceeding in the Family Court at Coimbatore […]
Read more "The “First Strike” in Child Custody Battles I"Apar Gupta’s Post ______ It is easy to write about M.L. Sharma, easier to dismiss him. I invite you to fight, Apar, someone more suitable to your intelligence and passion: Mr. Ram Jethmalani. Ram Jethmalani’s interview with Karan Thapar is still not forgotten history. Mr. Jethmalani had said, “I will not do anything… but everything […]
Read more "In Re: Apar Gupta"Oft-Repeated Statement, Supreme Court Judges: “STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM“. Theorem of Euclid not purposively imagined? A strange notion has been harbored all these years that mathematics is purely mechanical. Euclid’s Theorem: “THERE ARE INFINITELY MANY PRIMES”. Without a […]
Read more "Euclid’s Theorem I"1999, Assassin Films produced “East is East“, commended as Best British Film at BAFTA Awards. Their recent production, “India’s Daugther”, has received much criticism. East is East. Theodore Bundy’s credentials as a criminal are shocking. Stephen G. Michaud and Hugh Aynesworth received requisite permission to interview him. I do not credit Reporters/Investigators/Politicians with the foresight, years […]
Read more "Journalism/Voyeurism"Only recently in Jacky v. Antony, (2014) 6 SCC 508 it was decided, “in no case, power under Article 226 can be exercised to question a plaint.” In Radhey Shyam v. Chabbi Nath, [Civil Appeal No. 2548 of 2009] it has been further held, “Judicial Orders of a Civil Court are not amenable to Writ […]
Read more "Bull in a China Shop"The objective, authored by Souvik Bhadra and Pingal Khan and published by Rupa Publications, appeals to those who are fond of trivia. They have done well to avoid the temptation of being verbose. On the downside, it lacks the forceful, biting insight that I was hoping to find. These facts one shall be happy to […]
Read more "A Review of “Red Handed: 20 Criminal Cases That Shook India”"Hon’ble Justice Nariman has the penchant for stating what is ‘settled’. Sitting Judges have something to learn from the confidence of his authorship. “It is well settled that the provisions of a statute must be read harmoniously together.” “However, if this is not possible then it is settled law that where there is a conflict […]
Read more "‘Settled’ Principles of Interpretation"“Even if the Arbitration Agreement was to specifically provide for any particular qualification(s) of an Arbitrator the same would not denude the power of Court, acting under Section 11(6), in an appropriate case, to depart there from. In Singh Builders Syndicate, (2009) 4 SCC 523 pendency of Arbitration proceedings for over a decade was found […]
Read more "Section 11(6) of the Arbitration Act II"The Narcotic Drugs and Psychotropic Substances Act, 1985 is to “consolidate and amend the law relating to narcotic drugs and to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances et cetera…” [See, Narcotics Control Bureau vs. Kishan Lal, (1991) 1 SCC 705]. Section 37 has been […]
Read more "Section 37 of The NDPS Act I"“Once there is an agreement between the parties to refer the disputes or differences arising out of the agreement to Arbitration, and in case either party, ignoring the terms of the agreement, approaches the Civil Court and the other party, in terms of the Section 8 of The Arbitration Act, moves the Court for referring […]
Read more "Section 8 of the Arbitration Act I"After referring to the Black’s Law Dictionary; The Guardians & Wards Act, 1890; The Hindu Minority and Guardianship Act, 1956; The Tamil Nadu Elementary Education Act, 1994 & The Juvenile Justice (Care & Protection) Act, 2000. “Guardianship postulates control over both the person as well as the assets of a minor or of one and […]
Read more "The Guardian"It is increasingly evident, mere fact of an “illicit affair” is not “cruelty” within the meaning of the first limb of Section 498A of The Indian Penal Code, 1860. While discussing Alienation of Affection Tort Actions, I had mentioned Pinakin Rawal v. State of Gujarat, (2013) 10 SCC 48, a lesser known Judgment authored by […]
Read more "Alienation of Affection III"While it is correct that after the appointment of an Arbitrator is made, the remedy of the aggrieved party is not under Section 11(6) of The Arbitration and Conciliation Act, 1996 but such remedy lies elsewhere and under different provisions of the Act [Sections 12, 13], the context in which the aforesaid view is usually […]
Read more "Section 11(6) of the Arbitration Act I : Attorney General’s Submissions Rejected"“Rejection of the plaint under Order 7, Rule 11 is a drastic power conferred in Court to terminate a civil action at the threshold. The conditions precedent to the exercise of power under Order 7, Rule 11 therefore, are stringent and have been consistently held to be so by Court. It is the averments in […]
Read more "The Drastic Power of Rejecting a Plaint I"Senior Advocate, President of the Bar Association of the Highest Court of a Country, Dushyant Dave is said to have lent a willing ear to a rumor. The rumor is this: Judge of a High Court is being considered for an elevation to SC. Precious words have been used to describe how if this indeed […]
Read more "Judico Me Cremari"“It is settled law by a catena of decisions of this Court, Legislature cannot directly annul a Judgment of a Court. The legislative function consists in “making” law [See, Article 245 of the Constitution] and not in “declaring” what the law shall be [See, Article 141 of the Constitution]. If Legislature were at liberty to […]
Read more "The Nature of Judicial Power: Sir John Fenwick"My Lord, When and to what extent can stipulated liquidated damages for a breach of a contract be held to be in the nature of penalty in absence of evidence of actual loss? [Loss must be proved in all cases where the reasonable possibility exists of proof as considered by Hon’ble Justice R.F. Nariman in […]
Read more "The Law on Compensation for Breach of Contract II"The Hon’ble Supreme Court of India, while assessing whether an eye-witness could remember a face, seen seven and half years ago for ninety seconds only, relied on the pioneering work of Geoffrey R. Loftus. It had the following to say in Pargan Singh v. State of Punjab, 2014 (10) SCALE 229: “Scientific understanding of how memory works […]
Read more "The Remarkable Memory of Geoffrey R. Loftus"
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