“Gurbaksh Singh Sibbia, (1980) 2 SCC 565 holds the field for number of years and the same has been followed by all Courts in the country. Therefore, Siddharam Satlingappa Mhetre, (2011) 1 SCC 694 is not correct law in light of the observations made in Paragraphs 42 and 43 in Gurbaksh Singh Sibbia. Salauddin Abdulsamad […]
Read more "Anticipatory Bail II"Conditions of Carriage are binding on all [Interglobe Aviation Limited v. N. Satchidanand, (2011) 7 SCC 463]. It is the primary obligation of the passenger to reach the boarding gate at least 25 minutes before the scheduled departure time. The issue arose for those with PNR: IHRNSE, expected to travel from Kolkata to Agartala on […]
Read more "The Boarding Gate"“The Indian Coast Guard received some intelligence inputs with regard to suspicious activities of MV Hennry. MV Hennry was flying a flag of Panama. The Master of the Ship, Suprit Tiwari, was not in possession of any licence, permit and could not even produce any document pertaining to departure from last port of call i.e. […]
Read more "MV Hennry"“Star India (P) Ltd. used to broadcast ‘Kaun Banega Crorepati’ between 22.1.2007 and 19.4.2007. The programme was sponsored by Bharti Airtel Limited, amongst others. During the telecast of this programme, a contest called ‘Har Seat Hot Seat’ was conducted, in which the viewers of KBC were invited to participate. An objective type question with four […]
Read more "Kaun Banega Crorepati"Aftab was lodged in Tihar when he met Asif Reza Khan. Asif introduced Aftab to Omar Sheikh who had a profound effect. December, 1999: Government of India was forced to release Omar Sheikh in exchange for a safe return of IC 814. Aftab Ansari, soon after, was issued a Pakistan Passport [J872142, Safir Mohammad Rana]. […]
Read more "Tihar to Tihar"Supreme Court of India understands, Mahatma Gandhi > Bharat Ratna. Once upon a time, specifically on 23.01.1992, a press communique was issued from Rashtrapati Bhawan, New Delhi. “President is pleased to confer Award of Bharat Ratna posthumously on Shri Subhash Chandra Bose.” It was contended before SC, when a personality is higher and greater than […]
Read more "123 Netaji 123"“In Fletcher v. Bealey (1884) 28 Ch. D. 688 a quia timet action was asked for to interdict the tort of nuisance in order to prevent noxious liquid from flowing into a river. Pearson, J after referring to earlier Judgments on quia timet action then held: “I do not think, therefore, that I shall be […]
Read more "Quia Timet I"“In a Judgment reported as HMT Ltd. v. Mudappa, (2007) 9 SCC 768 quoting from earlier Judgment of this Court reported as State of A.P. v. Goverdhanlal Pitti, (2003) 4 SCC 739 it was held that ‘legal malice’ or ‘malice in law’ means ‘something done without lawful excuse’. It is an act done wrongfully and […]
Read more "Legal Malice I"My Lord, Judges in Md. Serajuddin, (1975) 2 SCC 47? Five. Hon’ble Judges H.R. Khanna, K.K. Mathew, M. Hameedullah Beg, Y.V. Chandrachud. Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. “A Constitution Bench of this Court in Md. Serajuddin, (1975) 2 SCC 47 has held that expression ‘in the course’ implies not only a period […]
Read more "The Revival of Ray XXXVIII"The Commercial Courts Act, 2015 through Section 16 has amended The Code of Civil Procedure, 1908 in its application to commercial disputes. Whereas commercial disputes [as defined under Section 2(c) of The Commercial Courts Act, 2015] are governed by CPC as amended by Section 16 of the said Act, all other non-commercial disputes fall within […]
Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 II"It is not our forte to answer whether it is better to be free than secure or be secure rather than free. However, we are here only to ensure, citizens are provided all the rights and liberty to the highest extent in a given situation while ensuring security at the same time. There is no […]
Read more "The Revival of Ray XXXVII"Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Sidharth Luthra submitted, ‘petty […]
Read more "Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015"Nine Judge Bench decisions of Supreme Court possess a pattern. The last one was Justice K.S. Puttaswamy, (2017) 10 SCC 1. It had happened only once before in Indra Sawhney [1992 Supp (3) SCC 217] that, a CJI, despite being on a Nine Judge Bench, did not author a Judgment. It is of further interest, […]
Read more "Nine Judge Benches / The Revival of Ray XXXVI"Hon’ble Chief Justice of India is as important as Hon’ble Prime Minister. 2010-2020 has witnessed 11 CJIs and 2 PMs. One wonders why 65 is the retirement age for a Supreme Court Judge. He cannot be presumed to be dysfunctional post-65, if at 69 one can be an effective PM. 2000-2010 had witnessed 9 CJIs; […]
Read more "The Nature of Judicial Power: An Ungodly Jumble"Vir Sanghvi, The Game Changers: Transforming India, (Westland, 2019) describes how Indians are taking over globally in areas that had traditionally been off-limits to us. It is not easy for everyone to express using few words. It is even more difficult to balance between praise and criticism. Arnab Goswami and Karan Johar are Game Changers. […]
Read more "The Game Changers"“The loneliness and lack of co-habitation is stated to have caused physical and mental torture. Multiple efforts have been made even by this Court, but to no avail. The psychologist opined, the separation of 16 years since 2003 had made both the parties bitter and cynical about the relationship and there was no sign of […]
Read more "Irretrievable Breakdown of Marriage II"“From a consideration of the view taken by this Court, through the decisions cited, the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. The consideration would not depend on the status of the party so as to apply a different yardstick. The […]
Read more "Condonation of Delay VII: 916"538 is the number of former students of National Law School of India University, Bangalore [NLSIU] who ‘demanded’ repeal of The Citizenship (Amendment) Act, 2019 [CAA]. They extended unconditional support to all those who choose to exercise their fundamental right to speech and assembly to ‘express dissent peacefully’. 402 is the number of former students […]
Read more "The Myth of Peaceful Protest"We need to be cognizant of the fact, Arbitral Awards should not be interfered with in a casual and cavalier manner, unless Court comes to a conclusion, the perversity goes to the root of the matter, unpardonable under Section 34, without there being a possibility of an alternative interpretation which may sustain the Arbitral Award. […]
Read more "Section 34 of The Arbitration Act III"“Medical negligence comprises of the following constituents: (i) legal duty to exercise due care on the part of the medical professional; (ii) failure to inform the patient of the risks involved; (iii) the patient suffers damage as a consequence of the undisclosed risk by the medical professional; (iv) if the risk had been disclosed, the […]
Read more "Medical Negligence and Consumer Law II"
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