The Contra Proferentem Rule V

“The rule of interpretation of Contra Proferentem has been pressed into service. As observed in United India Insurance Co. Ltd. v. Pushpalaya Printers, 2004 (3) SCC 694 : “It is also settled position in law that if there is any ambiguity or a term is capable of two possible interpretations, one beneficial to the insured […]

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The Art of Recusal

“Judge who had rendered any decision in a smaller combination is not disqualified from being part of a Larger Bench when a reference is made to the Larger Bench. Rather, it is a consistent practice prevailing in various High Courts as well as of this Court to include the same Judge/Judges in Larger Benches. Litigants […]

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238 Kilograms of Poppy Husk

It should be interesting to note that crushed capsules of poppy, ‘poppy husk’, even though isn’t ‘poppy straw’, bears the same meaning as ‘poppy straw’ under The NDPS Act. Baljinder Singh was driving a Qualis, PB-13-D-7000. Khushi Khan was sitting with the driver. The vehicle was searched, during which 7 bags of poppy husk, each […]

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The Revival of Ray XXXI

“The same set of judicial precedents were cited and debated before us by both the sides. The first in the sequence is the Judgment of the Constitution Bench in Mohammad Shujat Ali v. Union of India, (1975) 3 SCC 76. While referring to the observations of Justice Brewer, “the very idea of classification is that […]

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The Doctrine of Basic Structure

Sudhir Krishnaswamy taught me at National Law School of India University, Bangalore in 2006. This book, first published in 2009, grew out of his Doctor of Philosophy in Law dissertation at Oxford University. Extensively researched. Magnificently written. Excerpt, follows. _____ The Basic Structure Doctrine evolved in the context of challenges to the constitutionality of land […]

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Sacred Games of Arthur Fleck

On 1st March, 1954 United States conducted its largest ever nuclear weapon test, code-named Castle Bravo, at the Bikini Atoll in the Marshall Islands. The explosion, more than 1,000 times as powerful as Hiroshima, reached a yield of 15 megatons. Sacred Games, Season 2 (2019, dir. Anurag Kashyap, Neeraj Ghaywan): Inspiration from reality isn’t new. […]

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