The Live Tweets Ailment II

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 […]

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Jactitation of Marriage

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 […]

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Kuttikanam / Seigniorage

In George Leslie v. State of Kerala, AIR 1970 Ker 21 the term ‘Kuttikanam’ was explained as under: “In the Malayalam and English Dictionary by Rev. II. Gundert D. Ph. page 278, ‘Kuttikanam’ is defined as meaning ‘the price of timber; fee claimable by the owner for every tree cut down by the renter’. In ‘The […]

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Section 7(5) of The Arbitration Act I

One of the most controversial and interesting questions in contemporary Arbitration Law is incorporation by reference. It is a common practice in some industries, particularly shipping and construction, for the contractual relationship between the parties to be composed of several documents. It sometimes happens that a dispute arises with reference to one of these documents, […]

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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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