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 […]Read more "Article No. 502: The Revival of Ray VII"
[In Allied Motors, (2012) 2 SCC 1 reference was made to the celebrated judgment of the Privy Council in Nazir Ahmad, AIR 1936 PC 253 wherein the principle has been enunciated “that where a power is given to do a certain thing in a certain way, the thing must be done in that way, or […]Read more "Lord Roche II / The Revival of Ray IV"
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 […]Read more "The Last Word"
“In legal parlance, ‘consortium’ is a compendious term which encompasses ‘spousal consortium’, ‘parental consortium’, and ‘filial consortium’. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased. With respect to a spouse, it would include sexual relations with the deceased spouse. Parental consortium is granted to the […]Read more "Consortium"
Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by: Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]Read more "#The377Debate II : 06.09.2018"
Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, a mensa et […]Read more "A Mensa Et Thoro"
A single revolutionary spark may kindle a fire that, smouldering for a time, may burst into a sweeping and destructive configuration. It was the judgment of Holmes J. in Schenck v. United States, 249 US 47 at 52 (1910) that gave rise to the test of “clear and present danger” for determining whether restrictions on liberty would be […]Read more "Clear and Present Danger"