Jailed Abroad: Platinum Blonde, Anca Neacsu

There is a certain degree of lasciviousness that’s attached to crime or investigative reporting. Because the Police Force is predominantly male and while there are women crime reporters, men outnumber them easily; stories that emerge from CBI or from Police have an undeniable male gaze. And so the first reports of Anca Neacsu being arrested […]

The Last Word on Padmaavat

Witnessing Padmaavat unfold on screen, on its first day of release, was unique, especially since your smart phone kept reminding you of persistent violence. The casual viewer may have even ignored a woman threatening to immolate herself or even a policemen who stood guard, but the skeptic whispered if a riot broke out… on which […]

An Alleged Judicial Crisis on Swami Vivekananda’s 155

Two months ago, Judges 2-3-4-5 of Supreme Court wrote a long letter to the Chief Justice, complaining of assignment of Benches without any rational basis. Last Friday [*January 12, 2018*], the Judges called a Press Conference, irreversibly provoked by the Bench chosen by the Master of the Roster [Chief Justice of India], to hear a plea […]

Section 7(5) of The Arbitration Act II

Supreme Court considered the ‘incorporation by reference’ issue in M.R. Engineers and Contractors Private Limited v. Som Datt Builders Limited, (2009) 7 SCC 696 (2 Judges). An important proposition in M.R. Engineers was a distinction Court made between “standard form contracts” and other contracts. Relying on observations in Russel on Arbitration, (23rd Edition, 2007) Court held, an Arbitration […]

Section 499, Indian Penal Code IV

The Fourth Chapter is intriguingly titled ‘Bloodless Murder: Defamation‘. Senior Advocate Pinky Anand and her daughter Gauri Goburdhun have stood by Sections 499 & 500, IPC in Trials of Truth: India’s Landmark Criminal Cases, (Shobhaa Dé Books, Penguin, 2017). Here is brief excerpt from pp. 61 to pp. 79: “The origin of defamation can be traced […]

The Goodwill in Passing Off Actions: The Toyota Prius Story

TOYOTA JIDOSHA KABUSHIKI KAISHA launched the world’s first hybrid car, ‘Prius’, in Japan in 1997. In India, the car was released in 2009 and until that point of time Toyota had not obtained registration of the mark ‘Prius’ in the Indian jurisdiction. M/S PRIUS AUTO INDUSTRIES LIMITED had got the mark ‘Prius’ registered way back […]

The “First Strike” in Child Custody Battles II

In July, 2017 a Bench of Three in Nithya Anand, (2017) 8 SCC 454 speaking through Justice A.M. Khanwilkar disapproved of the “first strike” principle developed in Surya Vadanan, (2015) 5 SCC 450. It had been argued, since the mother had not sought custody of the child by approaching any competent Indian Court prior to […]

A Legally Enforceable Debt III

Advocate represented its Client before a Motor Accident Claims Tribunal and charged a fee of Rs. 10,00,000 [Rupees Ten Lakhs]. Tribunal awarded compensation. Client was compelled to sign a further cheque, in favour of Advocate, towards payment of a certain percentage of decretal amount. That cheque stood dishonoured and Advocate in due time initiated proceedings […]

Section 499, Indian Penal Code III

I had earlier defended Explanation 1 to Section 499 and Subramanian Swamy v. Union of India, [Writ Petition (Criminal) No. 184 of 2014], in the wake of strong arguments that, the legal regime of defamation as set out in Sections 499 and 500 is unconstitutional. Legislature in its wisdom has still not thought it appropriate to abolish […]

The Doctrine of Arbitrariness / Substantive Due Process III

Hon’ble Justice R.F. Nariman has now clarified, a Majority in Triple Talaq Judgment (3/5) held, arbitrariness in sense of manifest arbitrariness would apply to negate legislation under Article 14. “In so far as ‘manifest arbitrariness’ is concerned, it is important to advert to Majority Judgment of this Court in Shayara Bano v. Union of India, […]

The Live Tweets Ailment II

There are always the traditionalists. They imagine Live Tweeters in Court when ADM Jabalpur was on going, and shiver at the thought. Ray CJI would have had none of it. The present Chief Justice seemingly does not subscribe to old world ideas. Juniors who have the time and the resources are travelling to SC every day […]

In Re: Ramachandra Guha on National Anthem in Cinema Halls

A Senior Advocate proclaimed recently: One wonders if ‘all present in the hall’ were not judicially urged to ‘stand up to show respect to the National Anthem’ whether there would be objections against playing of the Anthem itself. (Turns out: Yes!) This is specially important because very few have availed the opportunity to protest the […]

Jactitation of Marriage

Jactitation of marriage means persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto. For the object […]

Kuttikanam / Seigniorage

In George Leslie v. State of Kerala, AIR 1970 Ker 21 the term ‘Kuttikanam’ was explained. It was held, ‘Kuttikanam’ is neither a fee nor a tax. A tax or fee is levied in the exercise of sovereign power. ‘Kuttikanam’ means Government’s share of the value of the reserved trees. It was further held by Mathew […]

India’s New Serial Killers II: Vijay Palande

Late Nineties, Vijay Palande had adopted an interesting identity – that of a waiter at the iconic Copper Chimney restaurant in Juhu. The job was ideal as it gave him the opportunity to keep a close watch on prospective victims while serving them their favourite dish. On one such occasion, he met a young engineer […]

Section 7(5) of The Arbitration Act I

One of the most controversial and interesting questions in contemporary Arbitration Law is ‘incorporation by reference’. It is a common practice in some industries, particularly shipping and construction, for the contractual relationship between the parties to be composed of several documents. It sometimes happens, a dispute arises with reference to one of these documents, while […]

The Finesse of a Trial Judge

Justice Arvind Kumar Mishra of Allahabad High Court commenting on (Retd.) Justice Shyam Lal, in Nupur Talwar v. State of U.P., [Criminal Appeal No. 293 of 2014]: “Learned Trial Judge has prejudged things in his own fashion, drawn conclusions by embarking on erroneous analogy conjecturing to the brim on apparent facts telling a different story […]

The Doctrine of Arbitrariness / Substantive Due Process II

“In State of A.P. v. McDowell & Co., (1996) 3 SCC 790 a 3 Judge Bench of this Court held that an enactment could be struck down, if it is being challenged as violative of Article 14, only if it is found that it is violative of the equality clause, equal protection clause or violative […]

Video Conferencing in Matrimonial (Cheque) Disputes II (I)

Recently in M/s. Meters and Instruments Private Ltd. v. Kanchan Mehta, [Criminal Appeal No. 1731 of 2017] Goel and Lalit JJ observed: “There appears to be need to consider categories of cases which can be partly or entirely concluded ‘online’ without physical presence of the parties by simplifying procedures where seriously disputed questions are not required […]

The Story of Justice Prabha Shankar Mishra

There was a Full Court Reference at Supreme Court on 7th August, 2012 in memory of Late Shri Prabha Shankar Mishra, Senior Advocate. It was briefly mentioned, P.S. Mishra was appointed as a Judge of Patna High Court in 1982; was transferred to Madras High Court in 1990; was thereafter appointed as Chief Justice of […]