The Court ‘needed to consider’ whether a general order could be passed to the effect that in a case where a husband files matrimonial proceedings at place where the wife does not reside, the Court concerned should entertain such petition only on the condition that the husband makes appropriate deposit to bear the expenses of […]
Read more "Video Conferencing in Matrimonial Disputes I"My Lord, Complaint by a Trust under The Consumer Protection Act, 1986? “A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ makes it clear that a Trust cannot invoke the provisions of the Act in respect of any allegation on the basis of which a ‘complaint’ could be made. It is clear […]
Read more "Trusts Not Consumers"George H. Gadbois, Jr., chronicler of 93 Judges of Supreme Court of India, had this to say once: “When I first wrote to Justice A N Ray requesting an interview, I included a couple of articles I had published earlier. This enabled him to see that I was rather well-informed about him and the Court. […]
Read more "Rudespotted: Vikram Raghavan"“There can be a conflict between two individuals qua their right under Article 21 of the Constitution and in such a situation, to weigh the balance, the test that is required to be applied is the test of larger public interest and further that would, in certain circumstances, advance public morality of the day. To […]
Read more "The Test of Sustenance of Public Confidence in the Justice Dispensation System"A citation of questionable scientific standard. _____ In a child custody dispute in Suburbs of Pittsburgh, 3 teenage boys begged a Family Court Judge not to force continued visits to their father because, they said, he was physically abusive towards them. Judge relied on an Expert Witness, retained by the father, a Columbia University Professor […]
Read more "The Disputed Reality of Parental Alienation Syndrome"Madhya Pradesh Professional Examination Board ridded certain students of their results, awarded in their professional MBBS course, on the ground, they had gained admission to the course by resorting to unfair means. Hon’ble Justice Chelameswar (Presiding Judge) had expressed the view, complete justice in the matter would be rendered, if the qualifications successfully acquired by […]
Read more "1+3 Judges Disagree With Justice Chelameswar on ‘Cheating Students’"“An expert is one who has made a subject upon which he speaks or renders his opinion, a matter of particular study, practice or observation and has a special knowledge thereof. His knowledge must be within the recognized field of expertise and he essentially has to be qualified in that discipline of study. It has […]
Read more "Experts III: The Jayalalitha Case"On March 05, 2014 Hon’ble Justice T.S Thakur, not yet CJI, observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies” [(2014) 6 SCC 173]. The price of Sushil Ansal’s ‘Chalta Hai Attitude’ was pegged at Rs. 30 Crores [(2015) 10 SCC 359]. That is merely 18 Crores more than what a […]
Read more "The Advanced Age of Sushil Ansal"My Lord, Can grant of monetary compensation be considered as the sole and adequate remedy for a student who has been deprived of admission, despite he or she being meritorious, vigilant and diligent, because of lapses committed either by the counselling authority or the administrating authority intrinsically connected with the process of admission? “It is […]
Read more "Referred to Larger Bench XII: Doctrine of Relation Back in Admissions"“After all the 11 Judgments of the Court were orally pronounced on April 24, 1973 CJ Sikri produced and read out in Court a paper which was called “The View by the Majority” and passed it on for signatures of all 13 Judges on the Bench. 4 Judges, Justices Ray, Mathew, Dwivedi and Beg would […]
Read more "The Kesavananda Bench II: The Chandrachud Angle"This blog has previously carried content on K3G here and here. I had the chance to read the biography of its Director, Karan Johar, recently. Here is [some of] what caught my interest… _____ I’ve had two unrequited love situations in my life. One in my twenties and one in my thirties where I’d loved […]
Read more "An Unsuitable Boy"Third-Rung Lawyers [i.e., those in the age-bracket of 28-37] are an active lot on Twitter. Key figures are controlling opinion on a variety of issues. It is expected some of them shall be, with time, legitimate Partners or credited Senior Advocates or hopeful Don Salves. There is a benefit in knowing them. For if they […]
Read more "Rudespotted: Vinay Kesari"The Assam Value Added Tax Act, 2003 81. Revision to High Court – (1) Any dealer or other person, who is dissatisfied with the decision of the Appellate Tribunal, or the Commissioner may, within sixty days after being notified of the decision of the Appellate Tribunal, file a revision to the High Court; and the […]
Read more "The Plea of Limitation IX: Express Exclusion of Section 5 of The Limitation Act, 1963"Sub-section (3) of Section 123 of The Representation of the People Act, 1951 deems the following to be a ‘corrupt practice’: “The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the […]
Read more "‘His’ Story: Section 123(3) of The Representation of the People Act, 1951"“It is a settled proposition of law that a decree obtained by playing fraud on Court is a nullity and that such a decree could be challenged at any time in any proceedings. This proposition is certainly not in dispute. Learned Counsel also placed reliance on Union of India v. Ramesh Gandhi, (2012) 1 SCC […]
Read more "Fraudulent Decrees"“Judicial discretion can be exercised by a Court only when there are two or more possible lawful solutions. In any event, Courts cannot give any direction contrary to the statute or rules made thereunder in exercise of judicial discretion. It will be useful to reproduce from Judicial Discretion (1989) by Aharon Barak which is as […]
Read more "The Other Bara(c)k: Law’s First Superstar"My Lord, Difference between Amendment and Waiver, in context of The Indian Contract Act, 1872? Amendment It is settled law that an amendment to a contract being in the nature of a modification of the terms of the contract must be read in and become a part of the original contract in order to amount […]
Read more "Section 62 – Amendments and Section 63 – Waivers"On 10.03.2015, Markandey Katju (MK) published two posts on his Facebook page. One called ‘Gandhi – A British Agent‘, the other referred to Netaji Subhash Chandra Bose as an ‘Agent of Japanese Fascism’. On 11.03.2015, Rajya Sabha unanimously passed the following ‘resolution’: “This House expresses its unequivocal condemnation of the recent remarks of the Former Judge of the […]
Read more "Don’t Mess with People from Allahabad"“Arbitration – All disputes or differences whatsoever arising between the parties out of, or relating to, the construction, meaning and operation or effect of the contract or the breach thereof shall be settled by Arbitration in India through the Arbitration Panel of the Indian Council of Arbitration in accordance with the Rules of Arbitration of the […]
Read more "Second Instance or Appellate Arbitrations"“In Rashtriya Ispat Nigam Ltd., (2006) 7 SCC 275 interpreting the expression “first statement on the substance of the dispute”, this Court held: “The expression “first statement on the substance of the dispute” contained in Section 8(1) of The 1996 Act must be contradistinguished with the expression “written statement”. It employs submission of the party […]
Read more "Section 8 of The Arbitration Act III"
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