In England it was the practice in times of danger to the State to pass what were popularly known as Habeas Corpus Suspension Acts. Suspension did not legalize an illegal arrest; it merely suspended a particular remedy in respect of particular offences. House of Lords took the view, the power to detain could not be […]
Read more "The Diamond-Bright, Diamond-Hard Hope"‘Res judicata’ literally means a ‘thing adjudicated‘ or ‘an issue that has been definitively settled by judicial decision‘. The principle operates as a bar to try the same issue once over. It aims to prevent multiplicity of proceedings and accords finality to an issue, which directly and substantially had arisen in the former suit between the […]
Read more "Res Judicata – Cause of Action"History will not forget Hon’ble Justice Pratibha Rani at the crossroad of Kanhaiya Kumar v. State of NCT of Delhi, Writ Petition (Crl.) 558 of 2016. “While dealing with the Bail Application of the Petitioner it has to be kept in mind, by all concerned, they are enjoying this freedom only because our borders are […]
Read more "The Country Without a Post Office"Interesting questions on the interplay between The Sick Industrial Companies (Special Provisions) Act, 1985 and The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 have been answered in Madras Petrochem Ltd. v. BIFR, [Civil Appeal Nos. 614-615 of 2016] by Hon’ble Justice R.F. Nariman. My Lord, Is it true that […]
Read more "SC Resolves Conflict Between SICA & SARFAESI Act"My Lord, What is the meaning of the expression “specific provision to the contrary” in Section 4(1) of The Code of Civil Procedure, 1908? The scheme of Section 4(1), as its marginal note provides, is to ‘save’ any special or local law from the applicability of The Code of Civil Procedure. The said Section therefore […]
Read more "Section 4(1) of The Code of Civil Procedure, 1908"Though the Rule of Casus Omissus i.e. “what has not been provided for in the statute cannot be supplied by Courts” is a strict rule of interpretation there are certain well known exceptions thereto. The following opinion of Lord Denning in Seaford Court Estates Ltd. v. Asher, (1949) 2 All ER 155 should be taken […]
Read more "Casus Omissus"“After perusal of the victim compensation schemes of different States and the Union Territories, it is clear that no uniform practice is being followed in providing compensation to the rape victim for the offence and for her rehabilitation. Indisputably, no amount of money can restore the dignity and confidence that the accused took away from […]
Read more "Compensation for Rape Victims"Mail received from AIB First Draft Team on Feb 19, 2016 at 10:35 PM “Hello! Thank you for applying for the First Edition of AIB First Draft. We got an overwhelming response with over 3000 applicants writing in. After careful consideration and due process we have made our decision, and chosen Top 9 writers. We sincerely […]
Read more "The AIB Contradiction"“On the basis of specific information, Air Customs Officers (Preventive) at IGI Airport, New Delhi, on 09.07.1996, recovered and seized from the aircraft of Lufthansa Airlines flight from Frankfurt to Delhi, 184 gold biscuits of ten tolas each, weighing 21454.400 grams valued at Rs. 1,09,84,652/- concealed in the meal trolleys by two passengers, named Varyam […]
Read more "The Comfortable Life of Gold Smugglers I"Thank You, Chief. “Halsbury’s Laws of England, Fourth Edition, Volume I(I) 151 explains the meaning of ‘legitimate expectation’ in the following words: A person may have a legitimate expectation of being treated in a certain way by an administrative authority even though he has no legal right in private law to receive such treatment. The […]
Read more "The Doctrine of Legitimate Expectation III"AIB First Draft Writing Test Name: Rudrajyoti Nath Ray Email ID: rudrajyoti.ray@gmail.com City: New Delhi Date of Birth:05.02.1986 We are giving you five characters. A sweet old lady. A corrupt cop. A brave little girl. A good hearted dwarf. A romantic soldier. Imagine a feature film with any three as your principal characters. Write an outline […]
Read more "All India Bakchod, First Draft"My Lord, What is the James Scott Cumberland Reid Principle? Rules of construction are not rules in the ordinary sense of having some binding force. They are our servants not our masters. They are aids to construction, presumptions or pointers. In each case we must look at all relevant circumstances and decide as a matter […]
Read more "Lord Reid"“We have grave doubts about the expediency of transplanting western experience in our country. Social conditions are different and so also the general intellectual level.” – Sikri CJI, Palekar, Dua, Beg and Ray JJ, Jagmohan Singh v. State of U.P., (1973) 1 SCC 20. This spelled disaster in Koushal, (2014) 1 SCC 1. The grave […]
Read more "#The377Debate I : The Grave Doubts of Our Lords"Tukhm-e-tasir, sohbat-e-asar It is the social mileu and lineage that chisel human character. “In the year 1915, a hundred years ago, India was entirely in the grip of the British. That same year, Mahatma Gandhi returned to India from South Africa. Salman Khan’s grandfather would join the police service of Holkar the following year. He […]
Read more "#NoJailForSalman"My Lord, Perverse Judgment? “This Court has already laid down as to which finding would be called perverse. It is a finding which is not only against weight of evidence but altogether against evidence. This Court has held in Triveni Rubber, AIR 1994 SC 1341, a perverse finding is one which is based on no […]
Read more "Erroneous Judgment v. Perverse Judgment II"“The personalities… contrived intelligence to constantly play the ‘Snake and Ladder Game’. Such kind of litigations clearly show that there are certain people who possess adamantine attitude to procrastinate the proceeding in a Court of Law on the base that each order is assailable and each step is challengeable before the Superior Courts. It is […]
Read more "The Snake and Ladder Game"“Nisith Sen, the man I had chosen to be my grandfather was the Mayor of Calcutta. As a criminal lawyer he dealt with the darkest, seamiest side of human nature. I knew this was the reality. He wrung the truth out of scum who did not deserve to live and were human in name […]
Read more "In Re: Law and Other Things"“A report suggested, 39 lakh sedatives and narcotic tablets, 1.10 lakh capsules, over 21,000 drug syrups and 1828 sedative injections apart from 8 kilograms of smack and 84 kilograms of ganja were awaiting disposal in Bathinda Police stores alone. The position is no better in other States especially those situate along international borders. The menace […]
Read more "The Drug Lords"“The Contra Proferentem rule is a principle of last resort.” – North v. Marina, [2003] NSWSC 64. _____ In Fruit Juice Stalls, [Civil Appeal Nos. 618-620 of 2016] Senior Advocate Raju Ramachandran has quoted K. Mohandas, (2009) 5 SCC 313 to elaborate upon the Contra Proferentem rule. The rule is a “a late‐inning tiebreaker, one used when […]
Read more "The Contra Proferentem Rule III"My Lord, Application of Part I of The Arbitration Act? “It is clear that the law applicable to Arbitration Agreement in the present case is English Law. Once it is found that the law governing the Arbitration Agreement is English Law, Part I of the Indian Arbitration Act stands impliedly excluded. This has been a […]
Read more "Implied Exclusion of Part I of the Arbitration Act II: BALCO Returns"
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