Article No. 502: The Revival of Ray VII

I was born on a 5th February. This is my Article No. 502. This blog was born on 21st December, 2014. Hon’ble Justice R.F. Nariman in The Sabarimala Temple Case, before answering the question posed, thought it is necessary to cover the ground that has been covered by previous decisions of the SC on the […]

The Last Word

Friendships & Rivalries, Losses & Victories never have an end – only a beginning. Spectacular Judges of the Supreme Court have hoped for an impactful conclusion. The irreversibly powerful ones have known more. There is never a last word. Life travels with the surety of a pendulum clock, tick tock. We remember: in Puttaswamy, [Writ Petition […]

Condonation of Delay VI: 2088, 1405

‘Beyond which number is it strange if a delay is condoned?’ We have been hunting for the single noble equation. Ponnayal v. Karuppan (Dead), [Civil Appeals No. 9558-9559 of 2018] reflects the Appellant’s journey to the Supreme Court twice . The Appellant, first, appealed against a judgement of a HC, with a delay of 2088 days. The […]

Condonation of Delay V: 157, 113, 222

State of Jharkhand through SP, CBI occasioned a delay of 157, 113 and 222 days in filing appeals before the SC against Lalu Prasad [Crl. A. 394/2017], Sajal Chakraborty [Crl. A. 393/2017] & Dr. Jagannath Mishra [Crl. A. 395/2017]. It was submitted by Ram Jethmalani that the averments made in the applications seeking condonation of […]

Section 37 of The Arbitration Act I

In Domestic Arbitrations, if an order is not appealable under Section 37(1) of The Arbitration Act, it would not be subject to appeal under The Letters Patent of a High Court. My Lord, Is an order of a Single Judge, on an application under Section 34(3) of The Arbitration Act, appealable to a Division Bench? […]

Condonation of Delay IV: 1186

“There is inordinate delay of 1186 days in filing the SLPs.” “There is gross delay of almost 3 1/2 years in challenging the judgment rendered in the Writ Appeal and no explanation much less cogent explanation has been given by the Appellant.” “There is no reason to condone the delay.” – Hon’ble Justice C. Nagappan, […]

Condonation of Delay III: Section 18, SARFAESI Act Appeals

My Lord, Does the Appellate Tribunal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) have the power to condone delays in filing an appeal under Section 18(1) of the said Act? “Section 18(2) of the SARFAESI Act provides that the Appellate Tribunal shall follow the provisions […]