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"“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 […]
Read more "Chasing the Brigand: The Rajkumar Abduction"“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 […]
Read more "Section 8 of the Arbitration Act IV"“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 […]
Read more "The Plea of Limitation X: Section 24A of The Consumer Protection Act, 1986"‘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. […]
Read more "Misconduct"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 […]
Read more "D For Don II: Khullam Khulla"“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 […]
Read more "Public Policy"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 […]
Read more "The Ishihara Test"“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) […]
Read more "Actus Curiae Neminem Gravabit"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 […]
Read more "Order 47, Rule 1 of The Code of Civil Procedure, 1908"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 […]
Read more "Implied Exclusion of Part I of the Arbitration Act III"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 […]
Read more "Lunatic Judge Karnan"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"
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