“Indubitably, Live Streaming of Court Proceedings has the potential of throwing up an option to the public to witness Live Court Proceedings which they otherwise could not have due to logistical issues and infrastructural restrictions of Courts; and would also provide them with a more direct sense of what has transpired. Thus, technological solutions can […]
Read more "An Alive Stream II"Hon’ble Justice A.K. Sikri (CJI, Sikri and Khanwilkar JJ) In Dattatraya Govind Mahajan v. State of Maharashtra, (1977) 2 SCC 548, Spirit of our Constitution was explained thus: “Once we grasp Dharma of the Constitution, new orientation of the Karma of Adjudication becomes clear. Our Founding Fathers, aware of our Social Realities, forged our Fighting […]
Read more "The Aadhaar Judgment : 26.09.2018 / The Revival of Ray V / Dharma of Constitution v. Karma of Adjudication"In Allied Motors, (2012) 2 SCC 1 reference was made to the celebrated Judgment of Privy Council in Nazir Ahmad, AIR 1936 PC 253: “Where a power is given to do a certain thing in a certain way, the thing must be done in that way, or not at all. Other methods of performance are […]
Read more "Lord Roche II / The Revival of Ray IV"“In some cases, a Court may decline to award back wages in its entirety whereas in some cases, it may award partially. The questions, how a back wage is required to be decided, what are the factors to be taken into consideration, on whom the initial burden lies etc. were elaborately discussed in several cases […]
Read more "Back Wages I"It must be true, friendships & rivalries, losses & victories never have an end, only a beginning. Spectacular Judges of Supreme Court have hoped for an impactful conclusion. The irreversibly powerful ones have known more. There is never a last word. Life travels with surety of a pendulum clock, tick tock. We remember, in Puttaswamy, [Writ […]
Read more "The Last Word"A photograph of Justice Sujata Vasant Manohar is present in several scenes of Batti Gul Meter Chalu [2018, dir. Shree Narayan Singh]. Justice Manohar was the First Woman Judge of the Bombay High Court. She went on to become the First Woman Chief Justice of Two High Courts, Bombay and Kerala and eventually ended her career as […]
Read more "Hon’ble Justice Sujata V. Manohar"“In legal parlance, ‘consortium’ is a compendious term which encompasses ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The right to consortium would include company, care, help, comfort, guidance, solace and affection of deceased. With respect to a spouse, it would include sexual relations with deceased spouse; parental consortium is granted upon premature death of a […]
Read more "Consortium I"A LOC can be issued, when the accused evades arrest or does not appear in Court or is likely to leave the Country. After a year, the Investigating Officer must renew the LOC or issue a fresh one. One of Odisha’s richest businessmen [supposedly] caused a murder in 2016. Mahimananda Mishra had fled to Thailand […]
Read more "The Look Out Circular"‘Beyond which number is it strange if a delay is condoned?’ We have been hunting for the single noble equation. Ponnayal v. Karuppan (Dead), [Civil Appeals No. 9558-9559 of 2018] reflects Appellant’s journey to Supreme Court twice. Appellant, first, appealed against a Judgement of a HC, with a delay of 2088 days. Appellant, then, appealed against […]
Read more "Condonation of Delay VI: 2088, 1405"The exposé of facts very succinctly put is, on 21.10.1994, Mariam Rasheeda, a Maldivian National, was arrested and sent to judicial custody. During interrogation, she made certain confessions alleging, certain official secrets and documents of Indian Space Research Organization (ISRO) had been leaked out by scientists of ISRO. On 30.11.1994, Appellant-S. Nambi Narayanan was arrested. […]
Read more "Compensatory Jurisprudence of Constitutional Courts VI: S. Nambi Narayanan"Questions, My Lord Did Massimiliano Latorre [L] and Salvatore Girone [G] ‘deliberately’ fire? Did L and G ‘mistake’ Indian trawler ‘St. Antony’ to be a pirate boat? Should it be considered, ‘St. Antony’, unregistered under The Indian Merchant Shipping Act, 1958, did not raise the Indian Flag? Indian Authorities are permitted to prosecute Foreign Nationals for supposed […]
Read more "The Enrica Lexie Incident II"[This Article was First Published in June, 2016] As per Article 97 of The United Nations Convention on the Law of the Sea (“Convention”): “In the event of a collision or any other incident of navigation concerning a ship on the high seas”, only the Flag State of that ship can launch penal proceedings. Is […]
Read more "The Enrica Lexie Incident I"Foreign Cases Cited: Naviera Amazonica Peruana S.A., (1988) (1) Lloyd’s Law Reports 116. Hiscox, (1992) 1 AC 562. McDonnell Douglas Corpn., (1993) 2 Lloyd’s Law Rep. 48. C vs. D, (2007) EWCA Civ 1282 (CA). C vs. D, (2008) 1 Lloyd’s Law Rep 239. Braes of Doune Wind Farm (Scotland) Limited, (2008) EWHC 426 (TCC). […]
Read more "Referred to Larger Bench XIII: Venue v. Seat, Arbitration"Dio non fa mai retromarcia con il suo amore Offences involving ‘moral turpitude’ were in discussion recently in Union Bank of India v. C.G. Ajay Babu, [Civil Appeal No. 8251 of 2018]. You may read Section 4(6)(b) of The Payment of Gratuity Act, 1972. ‘Moral turpitude’ describes conducts which are: inherently vile, depraved; immodest; shameful and wicked [Pawan Kumar, (1996) 4 SCC 17 and Sushil […]
Read more "Moral Turpitude I"Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by: Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]
Read more "#The377Debate II : 06.09.2018"“Read, Read for now I shall say a lot. The evidence of my battle fought. The only way I shall make you learn, I tried a lot when it was my turn.” Hon’ble CJI Dipak Misra shall retire in less than 30 days. His words on word-craft shall be remembered too as his ‘last words’. […]
Read more "Pragmatic Realism v. Romantic Idealism v. Recluse Extremism"“The Mayo College, Ajmer is an educational institution founded in 1875 by Sir Richard Southwell Bourke, 6th Earl of Mayo, who was also the Viceroy of India from 1868 to 1872. It is one of the oldest educational institutions which was set up as a public boarding school, offering admission to the then elite. This […]
Read more "The Mayo College, Ajmer"Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, ‘a mensa et […]
Read more "A Mensa Et Thoro"Additional Commissioner of Police (III) Shri Supratim Sarkar’s efforts, translated in English, is nothing short of brilliant. He can either be e-mailed at addlcp3@kolkatapolice.gov.in or called on 033-22143970. There are several who enquire, why do some prefer watching/reading stories on crime; are they criminals themselves or are they learning how to protect/investigate/solve? I remember the ‘coin […]
Read more "The Closet Killer"“It is a well settled position of law, testimony of a witness cannot be discarded in toto merely due to presence of embellishments or exaggerations. Doctrine of ‘falsus in uno, falsus in omnibus’, which means ‘false in one thing, false in everything’ has been held to be inapplicable in Indian scenario, where tendency to exaggerate […]
Read more "Falsus in Uno, Falsus in Omnibus"
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