In July, 2017 a Bench of Three in Nithya Anand, (2017) 8 SCC 454, speaking through Justice A.M. Khanwilkar disapproved of the “First Strike” Principle developed in Surya Vadanan, (2015) 5 SCC 450. It had been argued that since the mother had not sought custody of the child by approaching any competent Indian Court prior […]Read more "The “First Strike” in Child Custody Battles II"
An Advocate represented its Client before a Motor Accident Claims Tribunal and charged a fee of Rs. 10,00,000 (Rupees Ten Lakhs). The Tribunal awarded compensation. The Client was compelled to sign a further cheque, in favour of the Advocate, towards payment of a certain percentage of the decretal amount. That cheque stood dishonoured and the […]Read more "A Legally Enforceable Debt III"
I had earlier defended Explanation 1 to Section 499 of the IPC (‘How do you criminally defame a corpse? Ask the SC’) and the judgment in Subramanian Swamy v. Union of India, [Writ Petition (Criminal) No. 184 of 2014], in the wake of strong arguments that Section 499 criminalizes what is essentially a private wrong, and thus […]Read more "Section 499 of the IPC III"
Hon’ble Justice R.F. Nariman has now clarified it was a majority in The Triple Talaq Judgment (3 out of 5) that held arbitrariness in the sense of manifest arbitrariness would apply to negate legislation under Article 14. “In so far as “manifest arbitrariness” is concerned, it is important to advert to the majority judgment of […]Read more "The Doctrine of Arbitrariness / Substantive Due Process III"
Amongst advocates, there are always the traditionalists. They imagine Live Tweeters in court when ADM Jabalpur was on going, and shiver at the thought. Ray CJI would have had none of it. The present Chief Justice seemingly does not subscribe to old world ideas. Juniors who have the time and the resources are travelling to the […]Read more "The Live Tweets Ailment II"
A Senior Advocate proclaimed recently: One wonders if ‘all present in the hall’ were not judicially urged to ‘stand up to show respect to the National Anthem’ whether there would be objections against playing of the anthem itself. (Turns out: Yes!) This is especially important because very few have availed the opportunity to protest the […]Read more "In Re: Ramachandra Guha on National Anthem in Cinema Halls"
Jactitation of marriage means a persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto, for the […]Read more "Jactitation of Marriage"