The Sad Death of Judge Loya

In a batch of petitions before the SC, the petitioners sought an inquiry into the circumstances of death of Brijgopal Harikishan Loya, a district judge. All the petitions were essentially based on articles published in the Caravan on 20th and 21st November 2017. The issue was whether the death of Judge Loya was due to […]

Read more "The Sad Death of Judge Loya"

The Writ of Quo Warranto I

“A Writ of Quo Warranto cannot be issued on the basis of assumptions, inferences or suspicion regarding the factum of fulfillment of eligibility criteria. Being an extraordinary power, ordinarily such a Writ ought to be issued only on the basis of indisputable facts leading to a singular conclusion that the incumbent was in fact or […]

Read more "The Writ of Quo Warranto I"

The Last Word on Aiyaary

Last year, a lawyer’s petition before the Bombay High Court claimed that the trailers of The State v. Jolly LL.B 2 projected the Indian Judiciary and the Indian Legal System in a derogatory manner. The Court found there was a prima facie case of Contempt of Court. It constituted a three-member committee (out of which […]

Read more "The Last Word on Aiyaary"

The Harmon Doctrine

The Doctrine of Absolute Territorial Sovereignty is most often identified with an opinion prepared in 1895 by the 41st Attorney General of the United States, Judson Harmon, in response to a request by the Department of State for advice concerning a dispute with Mexico over the use of waters of the Rio Grande. Pursuant to […]

Read more "The Harmon Doctrine"

Section 50 of The Arbitration Act II

My Lord, Is an appeal, not maintainable under Section 50 of The Arbitration and Conciliation Act, 1996, nonetheless maintainable under Section 13(1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015? No. “Both The Commercial Courts Act as well as the detailed Arbitration Amendment Act of 2015, were brought […]

Read more "Section 50 of The Arbitration Act II"