Chasing the Brigand: The Rajkumar Abduction

“On 8 October, 1997, Veerappan abducted wildlife researchers and photographers Krupakar and Senani. The next day, he stopped a bus carrying fifteen tourists through Bandipur Forest and took them hostage. The same fate was reserved for the six Karnataka Forest Department staffers who went searching for the bus. Though Veerappan set most of the tourists […]

Section 8 of the Arbitration Act IV

“Where an agreement is terminated by one party on account of the breach committed by the other, particularly, in a case where the clause is framed in wide and general terms, merely because the agreement has come to an end by its termination by mutual consent, the Arbitration Clause does not get perished nor is […]

The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986

“The provision of limitation in The Consumer Protection Act, 1986 cannot be strictly construed to disadvantage, where a supplier of goods or services itself is instrumental in causing a delay in the settlement of the claim.” – Hon’ble Justice Madan B. Lokur, National Insurance v. Hindustan Safety Glass Works Ltd., [Civil Appeal No. 3883 of […]

Misconduct

‘Misconduct’ has been defined in Black’s Law Dictionary (6th Edn.) at pg. 999: “A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour, its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness.” P. […]

D For Don II: Khullam Khulla

The Don always sells. There is even a sweet, fan-girl account in Sheela Raval’s Godfathers of Crime (Hachette, 2015). She attended the reception of Mahrukh’s wedding in the summer of 2005 and said, “Mario Puzo would have been proud of the scene“. In Khullam Khulla: Rishi Kapoor Uncensored (HarperCollins India, 2017), the actor has his […]

Public Policy

“The phrase ‘public policy’ is not capable of precise definition. In P. Rathinam, (1994) 3 SCC 394 it was observed: “The concept of ‘public policy’ is, however, illusive, varying and uncertain. It has also been described as ‘untrustworthy guide’, ‘unruly horse’ et cetera.” Broadly it will mean what is in the larger interest of the […]

The Ishihara Test

While discussing ‘Colour Blindness’ before SC [Pranay Poddar v. State of Tripura, Civil Appeal No. 4393 of 2017], Senior Advocate K.V. Viswanathan quoted Shinobu Ishihara, a Professor at Tokyo Imperial University, who, in 1916, had developed a diagnostic method which is still the most common test for ‘Colour Vision Deficiency’; and is called Ishihara. The […]

Actus Curiae Neminem Gravabit

“There cannot be an iota of doubt that no prejudice shall be caused to anyone due to the fault of the Court, but it is to be seen in what situations the Court can invoke the maxim ‘actus curiae neminem gravabit’. In this regard, we may usefully refer to a passage from Kalabharati Advertising, (2010) […]

Order 47, Rule 1 of The Code of Civil Procedure, 1908

The principles for interference in exercise of review jurisdiction are well settled. In Thungabhadra Industries Ltd. v. Government of Andhra Pradesh, AIR 1964 SC 1372 Court while dealing with scope of review had opined: “A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only […]

Implied Exclusion of Part I of the Arbitration Act III

Part I of Indian Arbitration Act has no application when parties agree and conduct the Arbitration outside India. In IMAX Corporation v. M/s. E-City Entertainment India Pvt. Ltd., [Civil Appeal No. 3885 of 2017] parties agreed that all disputes, ‘shall be finally settled by Arbitration pursuant to the ICC Rules of Arbitration’. They did not […]

Lunatic Judge Karnan

Retired Justice Prafulla Kumar Misra took over as Lokayukta of Goa on 28.04.2016. The post of Lokayukta was lying vacant since 17.10.2013. No sooner he took charge, Justice Misra directed Director of Tourism to stop all further payments to beach-cleaning contractors. Not stopping there, Lokayukta ordered a stay on electricity contracts worth Rs. 328 Crores […]

Video Conferencing in Matrimonial Disputes I

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 […]

Trusts Not Consumers

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 […]

Rudespotted: Vikram Raghavan

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. […]

The Test of Sustenance of Public Confidence in the Justice Dispensation System

“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 […]

The Disputed Reality of Parental Alienation Syndrome

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 […]

1+3 Judges Disagree With Justice Chelameswar on ‘Cheating Students’

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 […]

Experts III: The Jayalalitha Case

“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 […]

The Advanced Age of Sushil Ansal

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 […]

Referred to Larger Bench XII: Doctrine of Relation Back in Admissions

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 […]

The Last Word

A Diversion for Lawyers and Others