There is always much to study in a dissenting opinion. Dissents in Constitutional Law Matters are remembered/revered – Dissents in Criminal Law Matters produce intense causes of concern. How best can one ensure advancement of justice, if Supreme Court Judges disagree on a crime? There would be a day surely when 5/7/9 or perhaps 13 […]Read more "Section 372 of The Code of Criminal Procedure, 1973"
My Lord, When the Arbitration Agreement specifies the ‘venue’ for holding the Arbitration Sittings by the Arbitrators but does not specify the ‘seat’, then on what basis and by which principle, the parties have to decide the place of ‘seat’ which has a material bearing for determining the applicability of laws of a particular country for […]Read more "Referred to Larger Bench XIII ANSWERED: Venue v. Seat, Arbitration"
The doctrine of piercing the corporate veil is as well settled as the Salomon,  AC 22 principle itself. In Life Insurance Corporation of India v. Escorts Ltd., (1986) 1 SCC 264, this Court held: “Generally and broadly speaking, we may say that the corporate veil may be lifted where a statute itself contemplates lifting […]Read more "Piercing / Disregarding the Corporate Veil III"
“In the midst of Ripon’s Viceroyalty, in 1882, for the first time in the history of colonial India, an Indian Judge, Romesh Chunder Mitter, was appointed to act as Chief Justice of The Calcutta High Court, when Chief Justice Sir Richard Garth went on leave. It would take another few decades for an Indian, Badruddin […]Read more "An Independent Colonial Judiciary"
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"
Writ Petition (Civil) No. 373 of 2006. Hon’ble Justice Indu Malhotra The Petitioners have stated that they learnt of the practice of restricting the entry of women in the age group of 10 to 50 years in the Sabarimala Temple in Kerala from three newspaper articles written by Barkha Dutt (Scent of a Woman, Hindustan […]Read more "The Sabarimala Temple"
Joseph Shine v. Union of India, [Writ Petition (Criminal) No. 194 of 2017] Hon’ble Justice Indu Malhotra The issue is whether ‘adultery’ must be treated as a penal offence or a marital wrong. Adultery has the effect of not only jeopardizing the marriage between the two consenting adults, but also affects the growth and moral […]Read more "Section 497: A Tripartite Labyrinth"