223 Kilograms of Poppy Straw

Sahi Ram was driving a Tavera, RJ27-TC-0323. The vehicle was searched, during which 7 bags of poppy straw, the gross weight being 223 kilograms, were found behind the driver’s seat. Sahi Ram was convicted for offence punishable under Section 8 r/w Section 15 of The NDPS Act; sentenced to suffer rigorous imprisonment for 15 years […]

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Ex Turpi Causa Non Oritur Actio

Kedar Nath Motani, (1960) 1 SCR 861 had an occasion to consider the question of application of the maxims ‘ex turpi causa non oritur actio‘ and ‘ex dolo malo non oritur actio‘. The Three-­Judge Bench, speaking through M. Hidayatullah, J. (as His Lordship then was), observed thus: “The correct position in law, in our opinion, […]

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Appointment of Justice

“I am glad that Arghya Sengupta and Ritwika Sharma have decided to publish a book dealing with the appointment of Judges to the Supreme Court of India. From time immemorial, mankind desired to have wise and humane Judges with the wisdom to discriminate between truth and falsehood. The legends of King Solomon and Dharmaraja and […]

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The Revival of Ray XXX

“It is settled law that the fundamental right under Article 30 cannot be waived. The historical reasons for enacting Article 30(1) have been set out in some detail in the Judgment of Shelat, J. and Grover, J. in Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225. This was further fleshed out in the […]

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Judges and Astrology III

Mysteries all around! Here is a mnemonic: “Great Britain resident, Mr. Noble Boris, likes ketchup, chips; black raspberry, kraft singles. Not so greedy, Mr. Boris, swims, jogs. Good relaxation settles reactive minds. Kindly greet/kiss/bless because Mr. Boris rationalizes respect.” 1 2 3 Here you Go! “Great Britain Resident, Mr. Noble Boris, Likes Ketchup, Chips; Black […]

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Cheque Bounce Acquittal

The legal heirs of someone deceased, convicted under Section 138, are neither liable to pay the fine or undergo imprisonment. However, they have a right to challenge the conviction of their predecessor. Trial Court had acquitted the (now) deceased on basis of an opinion of a handwriting expert. High Court considered, the opinion was inconclusive. […]

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The Revival of Ray XXIX

“Reliance is placed on Sri Nasiruddin, (1975) 2 SCC 671. Muhammed Ashraf, AIR 2009 KER 14 took support from the dictum in Holmes v. Bradfield Rural District Council, 1949 (1) All ER 381 and also in Sri Nasiruddin, (1975) 2 SCC 671 wherein this Court adopted ‘just, reasonable and sensible’ interpretation.”  – Hon’ble Justice A.M. Khanwilkar, The Authorised […]

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