“The Decline” of Hon’ble CJI Dattu
Not everybody has the opportunity to argue a Fresh PIL, on an issue concerning the Constitution, before Hon’ble Chief Justice of India. I had the opportunity today; and I must thank the Petitioner, Jan Shruti (People’s Voice) for the gumption it had to prefer Writ Petition (Civil) No. 626 of 2015. The movement against Parliamentary […]
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Gurdas Singh v. State of Punjab, [Civil Appeal No. 6691-6692 of 2015] mentions Lord Northbrook as the one who laid the foundation stone of Mohindra College, Patiala in 1874. Thomas George Baring, 1st Earl of Northbrook, was the Viceroy of India between 1872 and 1876. Francis Thomas Baring, 6th Baron of Northbrook, the great grandson […]
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Preliminary Reading: The Functional Utility Test, The Common and Commercial Parlance Test, The Drug Controller’s Registration Test, The Composition-Product Literature-Label & Character Test. My Lord, Vaseline Intensive Care Heel Guard is a Skin Care Preparation or a Medicament? “Vaseline Intensive Care Heel Guard, is marketed as a solution for cracked heels… essentially used for treatment […]
Read more "Vaseline Intensive Care Heel Guard"The Plea of Limitation IV: “First Learns”
My Lord, What is the meaning of the term ‘first learns’ as provided under Article 91(a) of The Limitation Act, 1963? “Article 91(a) of The Limitation Act reads: Description of Suit Period of Limitation Time from which period begins to run 91. For compensation – a) For wrongfully taking or detaining any specific movable property lost, […]
Read more "The Plea of Limitation IV: “First Learns”"Thank You, Murali
Thank You, Murali. Not too many people have a kind word to say about the Hon’ble High Court at Calcutta. But you had the gumption. And for that, you shall soon see, you will rise to the absolute top. I shall do anything and everything to protect the honor of Calcutta. For me, all else […]
Read more "Thank You, Murali"Obiter Observations of Chandrachud J
My Lord, State of Madras v. Gannon Dunkerley, [1959] 1 SCR 379 – Good Law? “It is interesting to note, a 7 Judge Bench in M/s. Vishnu Agencies (Pvt.) Ltd. v. Commercial Tax Officer, (1978) 1 SCC 520, doubted Gannon Dunkerley’s case by stating, its correctness would have to await a more suitable occasion in […]
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In appropriate cases, seemingly large amounts of compensation are justified. It is settled, inflation should be considered by while deciding on quantum of compensation. In (2014) 6 SCC 173, Hon’ble Justice T.S. Thakur observed, “cynical Chalta Hai Attitude… more often than not costs society dearly in man-made tragedies.“ The price of Mr. Sushil Ansal’s ‘Chalta Hai […]
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“A Writ Court should ordinarily not entertain a Writ Petition, if there is a breach of contract involving disputed questions of fact. When an issue arises whether in a particular State there are toilets for school children and there is an assertion by the State that there are good toilets, definitely the Court can appoint […]
Read more "Writ Court Appointed Committees"The Judicial Indiscipline of Justice Chelameswar
The legal position regarding the existence of a ‘fundamental right to privacy’ is doubtful in view of the Judgments in M.P. Sharma and Kharak Singh. In Justice K.S. Puttasamy (Retd.) v. Union of India, [Writ Petition No. 494 of 2012] the warning is clear: “If the observations made in M.P. Sharma and Kharak Singh are to […]
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My Lord, Per Incuriam? “In Mamleshwar Prasad, (1975) 3 SCR 834, Krishna Iyer, J., succinctly laid down what is meant by the per incuriam principle. He stated: “We do not intend to detract from the rule that, in exceptional instances, whereby obvious inadvertence or oversight a Judgment fails to notice a plain statutory provision or […]
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Hon’ble Justice Vikramajit Sen turns 65 on the last day of this year and retires duly. I shall forever associate him with ‘precedents’. What binds and what holds is a recurrent theme in several of his Judgments. Rashmi Metaliks, (2013) 10 SCC 95: SC often has to “face lengthy arguments in each case because of the […]
Read more "Sen J I"Condonation of Delay III: Section 18, SARFAESI Act Appeals
“Section 18(2) of The SARFAESI Act provides that the Appellate Tribunal shall follow the provisions of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 in disposing of the appeal unless otherwise provided under The SARFAESI Act or the Rules made thereunder. The proviso to Section 20(3) of The RDDBFI Act empowers […]
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A meeting was called by Chief Justice of India after Bomb Blasts outside Delhi High Court on 07.09.2011. Court on its Administrative Side, after deliberations with Delhi Police, prohibited vendors to squat along the perimeter of Supreme Court. There is a road called Bhagwan Das Road after Supreme Court compound wall. After crossing the road, […]
Read more "Safety and Security of Supreme Court"Lawyer Profiles I: The Case of Counterfeit Bottles and Spurious Medicines
In Bottled Water Processors Association v. Union of India, [Writ Petition (C) No. 11672 of 2009] Hon’ble Justice S. Muralidhar found, “considering water borne diseases are on the increase during summer months, time is of the essence”. Many summers have gone by. The Task Force, ordered to be constituted, for cracking down on units manufacturing […]
Read more "Lawyer Profiles I: The Case of Counterfeit Bottles and Spurious Medicines"Power Coupled With Duty I
In Julius v. Bishop of Oxford, (1880) 5 AC 214 it was observed, “The words ‘it shall be lawful’ are plain and unambiguous. They confer a faculty or power, and they do not of themselves do more than confer a faculty or power. But there may be something in the nature of the thing empowered to […]
Read more "Power Coupled With Duty I"The Yakub Hanging
The Last Word: As per standards of Hurra, (2002) 4 SCC 388 a Curative Petition shall be circulated amongst “3 Senior-Most Judges” of SC and “Judges who passed the Judgment complained of, if available”. When a Majority concludes, a hearing is required – it should be listed. Hon’ble Justice Dipak Misra: “Needless to say, the availability […]
Read more "The Yakub Hanging"My Name is Memon
Review Petitions, Curative Petitions, Mercy Petitions, Media Petitions are all variations of soft law jurisprudence. Judges are soft. As per standards of Hurra, (2002) 4 SCC 388 a Curative Petition shall be circulated amongst “3 Senior-Most Judges” of SC and “Judges who passed the Judgment complained of, if available”. When a Majority concludes, a hearing is […]
Read more "My Name is Memon"Battle of the Articles I: 32/226
“No question other than relating to Fundamental Rights will be determined in a proceeding under Article 32. The difference between Article 32 and 226 is that while an application under Article 32 lies only for the enforcement of Fundamental Rights, the High Court under Article 226 has a wider power to exercise its jurisdiction not only for the […]
Read more "Battle of the Articles I: 32/226"Section 405/406, Indian Penal Code I
“Needless to say that to constitute an offence punishable under Section 406, IPC the essential ingredient is the ‘entrustment’ of the property. It is only after entrustment is shown, it can be said that there was criminal breach of trust. In Ram Narayan Popli, (2003) 3 SCC 641 this Court, per Majority, has explained ‘entrustment’ […]
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