Section 31(7) of The Arbitration Act I

“Section 31(7) of The Arbitration and Conciliation Act, 1996 by using the words ‘unless otherwise agreed by the parties’, categorically specifies that the Arbitrator is bound by the terms of the contract so far as award of interest from the date of cause of action to the date of the award is concerned. Therefore, where […]

A Review of “Aarushi”

It is said that Truman Capote started investigating The Clutter Murders after reading a 300-word New York Times article. 6 years spent on the case, gave us ‘In Cold Blood’, the first book of its kind. Capote was no journalist and Avirook Sen is no author. ‘Aarushi’ is a compelling read, no doubt. But I […]

Anatole France

Recently, SC, while imposing exemplary costs of Rs. 10,00,000/- (Rupees Ten Lakhs) on Industrialist-Appellant, in Vijay Mallya v. Enforcement Directorate, [Criminal Appeal No. 1406 of 2009], quoted Anatole France. The famous words of Anatole: “The law in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in […]

Birth Certificates

“It may be recalled that owing to curial fiat, it is no longer necessary to state the name of the father in applications seeking admission of children to school, as well as for obtaining a passport for a minor child. However, in both these cases, it may still remain necessary to furnish a birth certificate. […]

Costs Jurisprudence I: Actual Reasonable Costs

Paragraph 37, Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344: “Judicial notice can be taken of the fact that many unscrupulous parties take advantage of the fact that either the costs are not awarded or nominal costs are awarded on the unsuccessful party. Unfortunately, it has become a practice to direct parties […]

Oath Against Oath

“It may not always be safe for a Writ Court to decide issues and facts having great impact on general public or a large part of it only on basis of Oath against Oath.” – Hon’ble Justice Dipak Misra, Riju Prasad Sharma v. State of Assam, [Civil Appeal Nos. 3276-3278 of 2013]. ‘Oath against Oath’ […]

Pension is Not a Bounty I

My Lord, What is Pension? “It is a well known principle, pension is not a bounty. The benefit is conferred upon an employee for his unblemished career. In D.S. Nakara v. Union of India, (1983) 1 SCC 305 D.A. Desai, J speaking for the Bench opined: “The antiquated notion of pension being a bounty, a […]

Agent Markandey Katju

Markandey Katju (MK), for those uninitiated, was once a Hon’ble Judge at Hon’ble Supreme Court of India. Honorably Retired MK writes abundantly and appears to be angry. He called Subhash Chandra Bose, ‘A Japanese Agent of Japanese Imperial Interest’. MK served Supreme Court between 10.04.2006 and 19.11.2011. In the opening game, Late Hon’ble Justice Sabharwal was […]

“History Has Its Own Eccentricities”

An excerpt from Manoj Mitta, The Fiction of Fact Finding, (2014), pgs. 112 to 121: “A key element of the monitoring was the mechanism of the Amicus Curiae, a Senior Lawyer appointed by the Supreme Court to provide independent advise to it. The one for Jafri’s complaint was Senior Advocate, Raju Ramachandran. Much as he played […]

The Importance of Being Earnest I

My Lord, What is Truth? “‘Satyameva Jayate’ is a mantra from the ancient scripture Mundaka Upanishad. It was adopted as the National Motto of India. It is inscribed in Devanagari script at the base of the National Emblem. The meaning is as follows: truth alone triumphs; not falsehood. Through truth the divine path is spread […]

Almost There, Mr. Rohtagi

I know a corrupt judge when I see him. You are almost there, Mr. Rohtagi. Don’t forget Hon’ble Justice Joseph’s BenchMate in almost 150 orders/judgments. The one who saved the President in Purno Agitok Sangma v. Pranab Mukherjee, (2013) 2 SCC 239. The one who became a Chief Justice of India too. “Are you watching closely?”

Referred to Larger Bench V: Maintainability of Review Petitions

Doctrine of Merger ≠ Universal/Unlimited Application. Aggrieved by an Order of a High Court, one files a Special Leave Petition, against the Impugned Order, before the Supreme Court. Outset Dismissal of the Special Leave Petition, leads to a Review Petition, against the same Impugned Order, before the High Court. Exercise of Article 136, Two Steps: […]

Chutzpah

In Hemlata Singh v. Collector [MANU/UC/0315/2008], Hon’ble Justice Sudhanshu Dhulia [High Court of Uttarakhand] notes, “Chutzpah is a remarkable expression in Hebrew. Chutzpah is said to happen when a man kills his mother and father and then asks for clemency on the ground that he is now an orphan.” Hon’ble Justice S. Dhulia is the […]

State-Private Party Contracts

My Lord, How does Public and Private Law elements, in a Contractual Dispute between a State and a Private Party, affect Potential Writ Jurisdiction of a High Court? “If a Contract between a Private Party and a State is under the realm of a Private Law and there is no element of Public Law, the […]

What a Playa: Ram Jethmalani

“My diminishing respect for you ends today.” Does it matter to the “Court of the People of India” whether Mr. Ram Jethmalani respects our Hon’ble Prime Minister? Perfection is attained, not when there is nothing more to add, but when there is nothing more to take away. It is surprising that Mr. Jethmalani has still […]

Scientific Knowledge

“In this age of science, we have to build legal foundations that are sound in science as well as in law.” My Lord, What is Scientific Knowledge? “Neither Bacon, Popper nor Kunh, it is generally believed, gave a prefect description of what science is and how it works, but the US Supreme Court in Daubert, 509 […]

Science for Everyone: DNA

“Interest of justice is best served by ascertaining the truth and Court should be furnished with the best available science and may not be left to bank upon presumptions, unless science has no answer to the facts in issue.” My Lord, What is DNA? “All living beings are composed of cells, which are the smallest […]

Unwitty Election Petitions

Section 83(1)(a) of The Representation of the People Act, 1951 reads as follows: “An election petition shall contain a concise statement of the material facts on which the petitioner relies.” In Ashraf Kokkur v. Abdul Khader, (2015) 1 SCC 129 it was considered, The Concise Oxford Dictionary has defined ‘concise’ as “giving a lot of […]

Condonation of Delay II: 355

Defendants were set ex-parte, in a suit praying for refund of an advance amount with interest. There was a delay of 355 days in filing the application to set aside the ex-parte decree. Principal District Judge, Thanjavur condoned the 355-day delay subject to the condition of deposit of the entire ‘principal prayed amount’. SC considered […]

Section 138 Notice I

You do not need an Advocate to draft a Section 138(b), NI Act Notice. A hand written note mentioning – i) the amount under subject, ii) cheque nos., iii) dates of issue, iv) bank particulars, v) details of dishonor – with a demand for repayment, is valid for the purposes of calculating relevant limitation periods. […]

The Last Word

A Diversion for Lawyers and Others