NJAC Judgment VI: The Dark Knight Rises

ON THE EVE OF THE 03.11.2015 HEARING Khehar J travelled further down the Sahara Road. Chelameswar J quoted Ruma Pal J on the Independence of Judiciary. Lokur J guarded the Fragile Bastion, redeemed Ray. Goel J showed down the Law Minister for Obvious Reasons. Joseph J mentioned the Strange Turn by Bhagwati J. Shamser Singh […]

A Subsequently Appointed Employee : A Necessary Party?

“What has been stated in paragraph 31 in the case of J.S. Yadav, (2011) 6 SCC 570 [as per B.S. Chauhan J.] does not even follow from the authorities referred to therein. We have explained the authority in J.S. Yadav and opined that it has to rest on its own facts keeping in view the declaratory […]

Section 15(2) of The Arbitration Act II

My Lord, Suppose a Family Dispute in which the Arbitration Clause clearly specifies a Grand Uncle of a Joint Family is the only person in whom all Members of the Family have confidence. In the case of resignation or death of such Grand Uncle, is it possible to say by necessary implication no other person […]

NJAC Judgment V: Kurian Joseph J

Hon’ble Justice Kurian Joseph has been in news: first, because of his tiff with CJI Dattu and second, for his contribution in Yakub Memon. Gold fish have no hiding place. And therefore, ‘briefest’ Judgment? “Historical, Textual, Structural, Prudential, Doctrinal, Episodic, Ethical” arguments aside, “there cannot be any legal sense of an issue, which does not […]

NJAC Judgment IV: Adarsh Kumar Goel J

It is indicative that the name I chose for this Blog is the keyword in the NJAC Judgment – “The Last Word”. In some pieces, I notice the avoidance of usage of the phrase. Don’t. It must be in our consciousness, at all points of time, that The Last Word belongs to the Chief Justice […]

NJAC Judgment III: Madan Bhimrao Lokur J

Is it as easy to reach a solution, as it is to verify someone else’s result? You may think you know the answer. But I should tell you – you don’t. If you did you would have been a millionaire. A couple of times over. Should a Judge prepare his Draft Judgment in the blind? […]

NJAC Judgment II: Jasti Chelameswar J

Honourable. Honourable. Honourable. Hon’ble Justice Altamas Kabir has shared the Bench with Hon’ble Justice J. Chelameswar for days on end. Hon’ble Justice Altamas Kabir was sworn in at the Hon’ble Calcutta High Court on the same day as Hon’ble Justice Ruma Pal. They are friends. It is widely rumored, Hon’ble Justice Ruma Pal facilitated Hon’ble […]

NJAC Judgment I: Jagadish Singh Khehar J

I have heard it in the corridors, and I must tell you Hon’ble Justice J.S. Khehar. [The centre has no sides after all.] They hate your guts. The more they hate it, the more I (and others like me) love it. They even mock how you twitch your nose. Why did you at all “toy” with the idea […]

Sixteen Going On Seventeen

“You wait, little girl, on an empty stage For fate to turn the light on Your life, little girl, is an empty page That men will want to write on You are sixteen going on seventeen Baby, it’s time to think Better beware, be canny and careful Baby, you’re on the brink.” Oscar Hammerstein II, […]

Stale Claims Before Writ Court

“Writ Court while deciding a Writ Petition is required to remain alive to the nature of the claim and the unexplained delay on the part of the Writ Petitioner. Stale claims are not to be adjudicated unless non-interference would cause grave injustice. In the case at hand, the employee was dismissed from service in the […]

4 Grams of Heroin

My Lord, If 4 gms. of Heroin is recovered from an Accused, it would amount to a “small quantity”; but when the same 4 gms. is mixed with 50 kgs. of Powdered Sugar, would it be considered a “commercial quantity”? “In the mixture of a narcotic drug or a psychotropic substance with one or more […]

The Ninja

Judges are hard pressed animals. But they do not stand aloof on these chill and distant heights. Describing your Grandson as a Ninja with a Mask, is cute [on the part of Hon’ble CJI H.L. Dattu].

Unconditional Leave to Defend

My Lord, Defendant can always Defend? “In cases where the Defendant has raised a triable issue or a reasonable defence, the Defendant is entitled to ‘unconditional leave to defend’; leave is granted to defend even in cases where the Defendant upon disclosing a fact, though lacks the defence, makes a positive impression that at the […]

The Significant Submissions of Salve

When Nariman J. and Senior Advocate, Harish Salve match wits, sparks are sure to fly. “We are of the view that the Learned Senior Advocate is attempting to raise submissions which have already been rejected by this Court. Quite apart from this, his submission is also beyond the prayer made. The Learned Senior Advocate’s argument […]

State of West Bengal v. Nemai Chandra Ghoshal

Kunal Chatterji is so deep into the game of litigation, he must be considered an irresistible force. *Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649* was a resounding success. But, State of West Bengal v. Nemai Chandra Ghoshal & Anr., [Criminal Appeal No. 970 of 2012] is another feather in […]

Drafting Judgments/Literary Challenges

Is there a method to this madness? No. Use the following words in your decision: axe, vengeance, crusade, combat, contestation, discord, scuffle, surreptitious, Sphinx, Rome. Accepted. “The present appeal, by special leave, on a summary glance may appear that a victim who might have an axe to grind against the accused, the Respondent No. 2 […]

“The Dismissal” of Hon’ble CJI Dattu

The Second Writ Petition on Parliamentary Disruptions: “Dismissed“. The Dismissal of Hon’ble CJI Dattu Decline/Dismissal :: Cockroach/Mosquito

Anticipatory Bail I

My Lord, Leading Case on Anticipatory Bail? “A case which we would like to refer is, Judgment of a Division Bench of this Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors., (2011) 1 SCC 694. This case lays down an exhaustive commentary of Section 438 in an erudite fashion.” – Hon’ble Justice A.K. Sikri, […]

Lord Roche I

My Lord, What is the Alexander Adair Roche, Baron Roche Principle? Where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all. Other methods of performance are necessarily forbidden. “The origin of this rule is traceable to the decision in […]

Section 15(2) of the Arbitration Act I

My Lord, What is the meaning of the word ‘rules’ as appearing in Section 15(2) of The Arbitration and Conciliation Act, 1996? “Under Section 15(2) of the Act in a situation where the mandate of an Arbitrator terminates, a Substitute Arbitrator is required to be appointed according to the rules that were applicable to the […]