Might and Ought

Hon’ble Justice S Rangarajan in Delhi Cloth & General Mills Co. Ltd., ILR (1975) II Delhi 174 noticed: “The words employed – might and ought – are cumulative; they are not in the alternative.” The words “might and ought” are used in a conjunctive sense. Lord Morris in Kameswar Pershad, 1892 SCC Online PC 16 […]

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Judicial – Bench Strength – Decorum / Revival of Ray XIV

Power of Judicial Review, High Court [Article 226], Supreme Court [Article 32]: Integral and Essential Feature; Basic Structure of Constitution [L. Chandra Kumar, (1997) 3 SCC 261]. Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Bench of Coordinate Strength/Larger Strength or a Higher Forum. ✔ Judicial Order [Ad Interim/Interim/Final] Vacated/Varied/Modified/Recalled/Reviewed by Smaller Bench of Lesser Strength. ✘ […]

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Contempt Jurisdiction I

Contempt, Yes/No ≠ Mechanical Application of Mind [Sushila Raje Holkar, (2008) 14 SCC 392]. Contempt Jurisdiction = Four Corners of Disobeyed Order [Sudhir Vasudeva, (2014) 3 SCC 373]. Contempt Jurisdiction, Disobeyed Order = Willful Disobedience and Non-Compliance. Hon’ble Justice R. Banumathi,  Armugam v. Balakrishnan, [Civil Appeal No. 1510 of 2019].

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Section 193, Indian Penal Code

“This Court in Chajoo Ram, (1971) 1 SCC 774 held that the prosecution under Section 195 could be initiated only by the sanction of the Court and only if the same appears to be deliberate and conscious. The category of offences which fall under Section 195(1)(b)(i) refer to the offence of giving false evidence and […]

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#The377Debate IV: Lesbian Morality

Mary Sagarika Biswas, of sound and competent mind, was considered ‘entitled’ to ‘lead her own life as per her own choice in the matter of sexual orientation’ [Writ Petition No. 23120(W) of 2018]. It appeared from her statement recorded under Section 164, The Code of Criminal Procedure that she is a ‘lesbian’. Of course, consensual […]

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