On 19.11.2002, Ms. Pushpa Lekhumal Tolani, of Indonesian Passport, carried with her, on her flight from London to New Delhi, 28 packages containing 44 items of jewellery worth Rs. 25 Lakhs. The Competent Authority confiscated her articles and imposed ‘fines and penalties’ worth Rs. 18 Lakhs. The HC quashed the order. In an appeal by […]Read more "The Comfortable Life of Gold Smugglers II"
Former Delhi Excise Chief, Dr. Anup Kumar Srivastava received a reprieve from the Supreme Court, recently. “There is no material evidence on record in order to bring home the charge of conspiracy against the Respondent. There is no direct or circumstantial evidence to prove that the Respondent has demanded any illegal gratification and has accepted […]Read more "The Question of Six Zeroes in Call No. 51"
My Lord, Should Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 that defines ‘child’ to mean any person below the age of 18 years, engulf and embrace, in its connotative expanse, the ‘mental age’ of a person or the age determined by the prevalent science pertaining to psychiatry so that a […]Read more "The Nature of Judicial Power: The Theory of Creative Interpretation"
“The jurisprudential basis for the ‘rule of widest construction’ is the hallowed belief that a Constitution is drafted with an eye on future providing a continuing framework for exercise of governmental power. Therefore, it must be elastic enough to meet new social, political and historical realities often unimagined by the framers of the Constitution. Chief […]Read more "The Doctrine of Widest Construction"
“A few days ago we had highlighted a decision of the Bombay High Court in DBM Geotechnics v. BPCL where the High Court had drawn a distinction between the power to nominate an Arbitrator and the choice of the Nominee. The Arbitration Clause allowed an employee of a company to nominate another employee as an Arbitrator. […]Read more "Section 12(5) of The Arbitration Act"
The Shashoua Principle [Roger Shashoua v. Mukesh Sharma, 2009 EWHC 957 (Comm)] “When… there is an express designation of the Arbitration Venue as London and no designation of any alternative place as seat, combined with a supranational body of rules [i.e. ICC] governing the Arbitration and no other significant contrary indicia, the inexorable conclusion is, […]Read more "Implied Exclusion of Part I of The Arbitration Act IV: The Shashoua Principle"
“Prior to the decision in Taylor v. Caldwell, (1861-73) All ER Rep 24 the law in England was extremely rigid. A contract had to be performed, notwithstanding the fact that it had become impossible of performance, owing to some unforeseen event, after it was made, which was not the fault of either of the parties […]Read more "Section 56 of The Indian Contract Act, 1872 II"