“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"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 […]
Read more "India’s New Serial Killers I: Vijay Palande"“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 […]
Read more "Costs Jurisprudence II: Interest on Litigation Costs"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 […]
Read more "The K3G National Anthem Scene Reloaded"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? […]
Read more "Contemptuous Katju"“Purposive interpretation in a social amelioration legislation is an imperative, irrespective of anything else. This is eloquently brought out in Atma Ram, (1988) 4 SCC 284. How labour legislations are to be interpreted has been stated and restated by this Court time and again. In Surendra Kumar, (1980) 4 SCC 443, this Court reminded, semantic […]
Read more "Etymological Excursions in Bread & Butter Statutes"“When a law is enacted with retrospective effect, it is not considered as an encroachment upon judicial power when the legislature does not directly overrule or reverse a judicial dictum. The legislature cannot, by way of an enactment, declare a decision of the Court as erroneous or a nullity, but can amend the statute or […]
Read more "The Nature of Judicial Power: Hon’ble Justice Dipak Misra"“Recently in Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corporation Ltd., 2016 (8) SCALE 765 a Two-Judge Bench eloquently exposited… “We may add, the owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents. Constitutional Courts must defer to […]
Read more "Tender Law IV"Retired Hon’ble Chief Justice of India A.N. Ray, though expected to be President, one day, once said, as evidenced by George H. Gadbois, Jr, “An Indian Chief Justice, like the Lord Chief Justice, in England, should not take up any post-retirement positions.” Taking up a post-retirement position is one thing; soliciting one is quite another. […]
Read more "Chamber Practices of Former Supreme Court Judges"
The Last Word 
You must be logged in to post a comment.