“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"Vakasha Sachdev (@VakashaS) recently commented on ‘Live Tweeting Court Proceedings’: “A stream of live tweets… recently went viral in Indian Twitterverse. Surprisingly, these tweets had nothing to do with Shah Rukh Khan or Baahubali or IPL… What they related to was far more unexpected – constitutionality of a tax law amendment. Basically, Gautam Bhatia and […]
Read more "The Live Tweets Ailment I"Lon Luvois Fuller defined classic legal fiction as “either (1) a statement propounded with a complete or partial consciousness of its falsity, or (2) a false statement recognized as having utility.” The common law was rife with fictions: a plaintiff who had bailed his chattel under a bailment terminable at his will was deemed to […]
Read more "Legal Fiction"“DNA is the abbreviation of Deoxyribo Nucleic Acid. It is the basic genetic material in all human body cells. It is not contained in red blood corpuscles. It is, however, present in white corpuscles. It carries the genetic code. DNA structure determines human character, behaviour and body characteristics. DNA profiles are encrypted sets of numbers […]
Read more "Science For Everyone: DNA Again"Can citizens claim an absolute right over their body parts and refuse to give digital samples of their fingerprints and iris for Aadhaar enrollment? Senior Advocate, Shyam Divan argued recently that, in the digital age, the right to informational self-determination had become a crucial facet of the right to personal autonomy and was protected under […]
Read more "Adverse Inference v. Civil Death"SC in Mohapatra, (2002) 8 SCC 1 had accorded primacy to Hon’ble Chief Justice in consultative process for appointment of an Orissa Lokayukta. Justice Lokur in Chandrashekaraiah, (2013) 3 SCC 117 however confined law laid down in Mohapatra to the facts of that case only. It was held, views expressed by Chief Justice of High Court […]
Read more "Primacy of Views III: The Lokpal and Lokayuktas Act, 2013"In Domestic Arbitrations, if an Order is Not Appealable under Section 37(1) of The Arbitration Act, it would not be subject to Appeal under The Letters Patent of a High Court. My Lord, Intra-Court Letters Patent Appeal [Clause 15 of The Letters Patent of High Court at Calcutta] against Single Judge Order on Application for […]
Read more "Section 37 of The Arbitration Act I"“We would like to emphasize on the vital role played by opinion of the expert which is simply a conclusion drawn from a set of facts coming to his knowledge and observation. Expert’s opinion should be demonstrative and should be supported by convincing reasons. A Court cannot be expected to surrender its own Judgment and […]
Read more "Experts IV: Justice Pinaki Chandra Ghose"It is settled law, Section 20(1) and 20(2), where the word ‘place’ is used, refers to ‘juridical seat’; whereas in Section 20(3), the word ‘place’ is equivalent to ‘venue’. My Lord, What is the correct depiction of the practical considerations and the distinction between ‘seat’ [Sections 20(1) and 20(2)] and ‘venue’ [Section 20(3)]? This, as […]
Read more "Section 20 of The Arbitration Act"“The Latin maxim ‘fiat justitia ruat caelum’ is what first comes to mind on a reading of Article 142 – let justice be done though the heavens fall. This maxim was quoted by Lord Mansfield in R. v. Wilkes, (1770) 4 Burr 2527: (1558-1774) All ER Rep. 570. The Article gives a very wide power […]
Read more "Fiat Justitia Ruat Caelum"
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