The Finesse of a Trial Judge

Justice Arvind Kumar Mishra of the Allahabad High Court commenting on (Retd.) Justice Shyam Lal, in Nupur Talwar v. State of U.P., [Criminal Appeal No. 293 of 2014]: “The Learned Trial Judge has prejudged things in his own fashion, drawn conclusions by embarking on erroneous analogy conjecturing to the brim on apparent facts telling a different […]

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Video Conferencing in Matrimonial (Cheque) Disputes II (I)

Recently in M/s. Meters and Instruments Private Ltd. v. Kanchan Mehta, [Criminal Appeal No. 1731 of 2017] a Bench of Justices Goel and Lalit observed the following: “There appears to be need to consider categories of cases which can be partly or entirely concluded “online” without physical presence of the parties by simplifying procedures where seriously […]

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The Doctrine of Arbitrariness / Substantive Due Process I

Abhinav Chandrachud, grandson to Former CJI Y.V. Chandrachud, was not incorrect in noting that the doctrine of ‘fairness’/ ‘non-arbitrariness’ laid the foundation of substantive due process in our country. Justice Nariman supports this view. In a CJI K.G. Balakrishnan Judgment in 2010, richly cited in the book, it indeed was held that the ‘standard of substantive […]

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