“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 […]
Read more "Stale Claims Before Writ Court"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 […]
Read more "4 Grams of Heroin"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].
Read more "The Ninja"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 […]
Read more "Unconditional Leave to Defend"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 […]
Read more "The Significant Submissions of Salve"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 […]
Read more "State of West Bengal v. Nemai Chandra Ghoshal"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 […]
Read more "Drafting Judgments/Literary Challenges"The Second Writ Petition on Parliamentary Disruptions: “Dismissed“. The Dismissal of Hon’ble CJI Dattu Decline/Dismissal :: Cockroach/Mosquito
Read more "“The Dismissal” of Hon’ble CJI Dattu"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, […]
Read more "Anticipatory Bail 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 […]
Read more "Lord Roche 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 […]
Read more "Section 15(2) of the Arbitration Act I"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 […]
Read more "“The Decline” of Hon’ble CJI Dattu"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 […]
Read more "Lord Northbrook"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"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. 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"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 […]
Read more "Obiter Observations of Chandrachud J"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 […]
Read more "Uphaar: The Gift of Freedom"“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"
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