My Lord, Is the statutory period of six months prescribed under Section 13B(2) of The Hindu Marriage Act, 1955 mandatory or directory and if directory can same be dispensed with, exercising power under Article 142? Before 2 Judges in Manish Goel, (2010) 4 SCC 393 the question was not raised: “The statutory period of six […]
Read more "Section 13B of The Hindu Marriage Act III"An Arbitrator’s appointment was argued to be bad for the reason of Item 1 of the Seventh Schedule read with Section 12(5) of The Arbitration Act that ensures if the Arbitrator is an employee, consultant, advisor or has ‘any other’ past or present business relationship with a party to the Arbitration he becomes ‘ineligible’ to […]
Read more "Section 12(5) of The Arbitration Act I"Abhinav Chandrachud is not incorrect in noting, Doctrine of ‘Fairness’/‘Non-Arbitrariness’ laid the foundation of Substantive Due Process in our country. Justice Nariman supports this view. In a richly cited CJI K.G. Balakrishnan Judgment [2010] it indeed was held, ‘Substantive Due Process’ is a part of Indian Constitutional Jurisprudence. 5 years later, in Rajbala v. Haryana, (2016) 2 SCC […]
Read more "The Doctrine of Arbitrariness / Substantive Due Process I"ADM Jabalpur must be confined to the dustbin of history. Hon’ble Justices Aftab Alam and A.K. Ganguly in Rajnath Chauhan, (2010) 14 SCC 209 were clear on that conclusion. Two months after the pronouncement of Judgment, Times of India carried the following headline: ADM Jabalpur is a flop movie, only remembered fondly for the stellar […]
Read more "The Discomfort of ADM Jabalpur I"On 19.11.2002, Ms. Pushpa Lekhumal Tolani, of Indonesian Passport, carried with her, on her flight from London to New Delhi, 28 packages containing 44 items of jewellery worth Rs. 25 Lakhs. The competent authority confiscated her articles and imposed ‘fines and penalties’ worth Rs. 18 Lakhs. HC quashed the order. In an appeal by Directorate […]
Read more "The Comfortable Life of Gold Smugglers II"Former Delhi Excise Chief, Dr. Anup Kumar Srivastava received a reprieve from Supreme Court, recently. “There is no material evidence on record in order to bring home a charge of conspiracy against Respondent. There is no direct or circumstantial evidence to prove, Respondent has demanded any illegal gratification and has accepted or obtained any such […]
Read more "The Question of Six Zeroes in Call No. 51"My Lord, Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 should engulf and embrace, in its connotative expanse, the mental age of a person or the age determined by the prevalent science pertaining to psychiatry so that a mentally retarded person or an extremely intellectually challenged person, who even has crossed […]
Read more "The Nature of Judicial Power: The Theory of Creative Interpretation"“The jurisprudential basis for the ‘rule of widest construction’ is the hallowed belief that a Constitution is drafted with an eye on future providing a continuing framework for exercise of governmental power. Therefore, it must be elastic enough to meet new social, political and historical realities often unimagined by the framers of the Constitution. Chief […]
Read more "The Doctrine of Widest Construction"The Shashoua Principle [Roger Shashoua v. Mukesh Sharma, 2009 EWHC 957 (Comm)] “When there is an express designation of the Arbitration venue as London and no designation of any alternative place as seat, combined with a supranational body of rules [i.e. ICC] governing the Arbitration and no other significant contrary indicia, the inexorable conclusion is, […]
Read more "Implied Exclusion of Part I of The Arbitration Act IV: The Shashoua Principle"“Prior to the decision in Taylor v. Caldwell, (1861-73) All ER Rep 24 law in England was extremely rigid. A contract had to be performed, notwithstanding the fact that it had become impossible of performance, owing to some unforeseen event, after it was made, which was not the fault of either of the parties to […]
Read more "Section 56 of The Indian Contract Act, 1872 II"Section 27 – Court assistance in taking evidence (5) Persons failing to attend in accordance with such process, or making any other fault, or refusing to give their evidence, or guilty of any contempt to the Arbitral Tribunal during the conduct of Arbitral Proceedings, shall be subject to the like disadvantages, penalties and punishments by […]
Read more "Section 27(5) of The Arbitration Act"‘Scandalisation of Court’ is not ‘precisely explained’ in Supreme Court cases [See, In Re: Hon’ble Shri Justice C.S. Karnan, Suo-Motu Contempt Petition (Civil) No. 1 of 2017]. It is a species of contempt and may take several forms. A common form is the vilification of the Judge [See, Shri Baradakanta Mishra v. The Registrar of […]
Read more "Scandalisation of Court"Les Clefs d’Or [‘lay clay door’, meaning ‘keys of gold’] is an International Network of Concierges expected to make ‘impossible requests of a guest possible, no matter how strange’. They have ‘sources of inside information, intelligence and communication’. Oberoi, Mumbai in 1986 was first to have a Member of Les Clefs d’Or. Sunny Prasher, Member […]
Read more "Notorious Hotel Rooms: The Case of The Sealed Suite"The New York Times on April 30, 1976 came out with an editorial, ‘‘If India ever finds its way back to the freedom and democracy that were proud hallmarks of its first 18 years as an independent nation, someone will surely erect a monument to Justice H.R. Khanna of Supreme Court.” The Time Magazine, London […]
Read more "Supreme Court Judges on Indian Magazine Covers"Criminal cases based on circumstantial evidence can be resolved in several ways in a work of fiction. Judges do not have such liberty. It would be in fitness of things to assume, there is only one right way for them to interpret ‘circumstances’. Two lovers, in love forever, alone in a stranger’s house, scribbled their […]
Read more "The Baazigar Suicide Letter"As 1992 drew to a close, simmering communal fervor came to a boil as a BJP-led mob demolished 465-year-old Babri Masjid in Ayodhya, Uttar Pradesh. Mumbai witnessed some of the bloodiest riots. Sunil Dutt organized help and medical aid for all those injured, regardless of their religion, origin or constituency, while Sanjay too pitched in. […]
Read more "My Name is Abu Salem I"“Economic impact of a decision, wherever warranted, has to be kept in mind… in a situation where two views are possible or wherever there is a discretion given to Court by law, Court needs to lean in favour of a particular view which subserves economic interest… Conversely, Court needs to avoid that particular outcome which […]
Read more "Science for Everyone: Footnote the Scholar"An innovative, 51-year old, Former English Batsman was coaching the South Africans during the 1999 ICC Cricket World Cup. He went by the name Bob Woolmer. He allowed his captain Hansie Cronje to take the field against India wearing an earpiece. The move was unfair but did not technically breach any rules. Only later would […]
Read more "A World Cup Murder"State of Jharkhand through SP, CBI occasioned a delay of 157, 113 and 222 days in filing appeals before SC against Lalu Prasad [Crl. A. 394/2017], Sajal Chakraborty [Crl. A. 393/2017] & Dr. Jagannath Mishra [Crl. A. 395/2017]. It was submitted by Ram Jethmalani, averments made in applications seeking condonation of delay were based upon […]
Read more "Condonation of Delay V: 157, 113, 222"3 Judges in Balwant Rai Saluja implicitly questioned the grounds on which SC had previously lifted the corporate veil and correctly held that the law on the point has in recent times crystallized around the six requirements set out by Munby J in Ben Hashem, approved by Lord Sumption in Prest v. Petrodel Resources. 2 Judges […]
Read more "Piercing the Corporate Veil I"
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