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 Kesavananda Bench II: The Chandrachud Angle

“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 […]

An Unsuitable Boy

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 […]

Rudespotted: Vinay Kesari

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 […]

The Plea of Limitation IX: Express Exclusion of Section 5 of The Limitation Act, 1963

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 […]

‘His’ Story: Section 123(3) of The Representation of the People Act, 1951

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 […]

Fraudulent Decrees

“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 […]

The Other Bara(c)k: Law’s First Superstar

“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 […]

Section 62 – Amendments and Section 63 – Waivers

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 […]

Don’t Mess with People from Allahabad

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 […]

Second Instance or Appellate Arbitrations

“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 […]

Section 8 of The Arbitration Act III

“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 […]

India’s New Serial Killers I: Vijay Palande

April, 2012 ‘Madam, I’ll tell you what I know,’ he said, pushing his spectacles up, ‘but promise me, you won’t reveal my name… King Khan’s friend D.K. in Rab Ne Bana Di Jodi is Anuj Tikku… He owns all first-floor-flats. There are 3 of them. His old father was murdered. I hear his paying guests […]

Costs Jurisprudence II: Interest on Litigation Costs

“There is no provision under The Code of Civil Procedure, 1908 or The Interest Act, 1978 which permits imposition of interest on litigation costs. In view of the deletion of Section 35(3), CPC grant of interest on costs is no longer recognized under Indian law. The same does not mean that Indian Courts are powerless […]

The K3G National Anthem Scene Reloaded

Social activist Shyam Narayan Chouksey’s (‘SNC’) life changed the day he went to see ‘Kabhi Khushi Kabhie Gham’ (2001, Director: Karan Johar). In one scene, a boy sings the National Anthem of India at a school function in London (‘scene’). He forgets the last five words. “To some it may appear lapsus linguae, slip of […]

Contemptuous Katju

Armed with 35 years of hindsight, Justice Bhagwati, in 2011, expressed regret for his 1976 Judgment upholding Prevention Detention during the Emergency. Justice Chandrachud did so in 1978 in case his chances of being CJI were blighted. Were these declarations simply a flourish to catch the public eye? Do Judges even concede they are wrong? […]

The Last Word

A Diversion for Lawyers and Others