The Proof of Forgery I

“Section 465 provides punishment for the commission of the offence of forgery. In order to sustain a conviction under Section 465, first it has to be proved that forgery was committed under Section 463, implying that ingredients under Section 464 should also be satisfied. Therefore unless and until ingredients under Section 463 are satisfied a […]

The Freedom of a Major Girl

Thushara, when 19, married a man, not yet 21, at Chakkulathukavu Bagavathi Temple. Thushara‘s father filed a petition before High Court of Kerala and was awarded her custody. Supreme Court recently called a submission ‘neat’: “High Court has adopted an approach which is not permissible… Thushara is admittedly a major… she has the right to […]

Aggression of SC Judges

Judge 4 of Indian Supreme Court, Justice Lokur, will retire this year. Earlier, he questioned the integrity of the Chief Justice. April, he has interestingly worded a decision. “The couldn’t-care-less and insouciant attitude of Union of India with regard to litigation, particularly in Supreme Court, has gone a little too far… Union of India must […]

The Revival of Ray I

“Whether in the case of promotion from the Subordinate Judiciary or of direct recruitment from the Bar, the performance of the candidate would be best known to the High Court.” While judging so, SC in Gauhati High Court v. Goto Ete & Others, [Civil Appeal No. 4298 of 2018] quoted, with minor compliment, two paragraphs […]

The Sad Death of Judge Loya

An inquiry was sought into the circumstances of death of District Judge, Brijgopal Harikishan Loya. The petitions were essentially based on articles published in Caravan on November 20/21, 2017. The issue was whether the death of Judge Loya was due to natural causes or there are circumstances which raise a reasonable suspicion about an unnatural […]

The Kesavananda Bench III: Pingle Jaganmohan Reddy

P. Jaganmohan Reddy was born into an aristocratic, wealthy, and prominent family in Former Princely State of Hyderabad on 23 January, 1910. An uncle of Jaganmohan Reddy, though a Lincoln’s Inn Barrister, never practiced law. Jaganmohan Reddy was the first member of his family to practice law as a profession. He was 59 when he […]

The Writ of Quo Warranto I

“Writ of Quo Warranto cannot be issued on basis of assumptions, inferences or suspicion regarding factum of fulfillment of eligibility criteria. Being an extraordinary power, ordinarily such a Writ ought to be issued only on basis of indisputable facts leading to a singular conclusion – incumbent was in fact or in law disqualified to occupy […]

The Last Word on Aiyaary

Last year, it was claimed before Bombay High Court, trailers of The State v. Jolly LL.B 2 projected Indian Judiciary and Indian Legal System in a derogatory manner. Court found there was a prima facie case of contempt. It constituted a Three-Member Committee, out of which Two Members were Lawyers. Bom HC’s ‘Legitimization of Special […]

The Harmon Doctrine

The Doctrine of Absolute Territorial Sovereignty is most often identified with an opinion prepared in 1895 by the 41st Attorney General of the United States, Judson Harmon, in response to a request by the Department of State for advice concerning a dispute with Mexico over the use of waters of the Rio Grande. Pursuant to […]

Execution of Final Arbitral Award / Deemed Decree

“The enforcement of an Award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the Arbitral Proceedings. In Kotak Mahindra Bank Ltd., (2011) 4 LW 745 (Mad HC) […]

Section 50 of The Arbitration Act II

My Lord, Appeal – Not Maintainable under Section 50 of The Arbitration and Conciliation Act, 1996 – Maintainable under Section 13(1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? No. “Both The Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought into […]

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 […]