While discussing ‘Colour Blindness’ before the SC [Pranay Poddar v. State of Tripura, Civil Appeal No. 4393 of 2017], Senior Advocate K.V. Vishwanathan quoted Shinobu Ishihara, a Professor at Tokyo Imperial University who, in the year 1916, had developed a diagnostic method which is still the most common test for ‘Colour Vision Deficiency’; and that […]Read more "The Ishihara Test"
“There cannot be an iota of doubt that no prejudice shall be caused to anyone due to the fault of the Court, but it is to be seen in what situations the Court can invoke the maxim ‘actus curiae neminem gravabit’. In this regard, we may usefully refer to a passage from Kalabharati Advertising, (2010) […]Read more "Actus Curiae Neminem Gravabit"
The principles for interference in exercise of review jurisdiction are well settled. In Thungabhadra Industries Ltd. v. Govt. of A.P., AIR 1964 SC 1372 the Court while dealing with the scope of review had opined: “A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies […]Read more "Order 47, Rule 1 of The Code of Civil Procedure, 1908"
Part I of the Indian Arbitration Act has no application when parties agree and conduct the Arbitration outside India. In IMAX Corporation v. M/s. E-City Entertainment India Pvt. Ltd., [Civil Appeal No. 3885 of 2017] parties agreed that all disputes, ‘shall be finally settled by Arbitration pursuant to the ICC Rules of Arbitration’. They did […]Read more "Implied Exclusion of Part I of the Arbitration Act III"
Retired Justice Prafulla Kumar Misra took over as Lokayukta of Goa on 28.04.2016. The post of Lokayukta was lying vacant since 17.10.2013. No sooner he took charge, Justice Misra directed the Director of Tourism to stop all further payments to the beach cleaning contractors. Not stopping there, the Lokayukta ordered a stay on electricity contracts worth Rs 328 […]Read more "Lunatic Judge Karnan"
The Court ‘needed to consider’ whether a general order could be passed to the effect that in a case where a husband files matrimonial proceedings at place where the wife does not reside, the Court concerned should entertain such petition only on the condition that the husband makes appropriate deposit to bear the expenses of […]Read more "Video Conferencing in Matrimonial Disputes"
My Lord, Can a complaint be filed by a Trust under the provisions of The Consumer Protection Act, 1986? “A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ makes it clear that a Trust cannot invoke the provisions of the Act in respect of any allegation on the basis of which a […]Read more "Trusts not Consumers"