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 […]Read more "The Finesse of a Trial Judge"
There was a Full Court Reference at the Supreme Court on 7th August, 2012 in the memory of Late Shri Prabha Shankar Mishra, Senior Advocate. It was briefly mentioned that P.S. Mishra was appointed as a Judge of the Patna High Court in 1982; was transferred to the Madras High Court in 1990; was thereafter […]Read more "The Story of Justice Prabha Shankar Mishra"
Abhinav Chandrachud, grandson to Former CJI Y.V. Chandrachud, was not incorrect in noting that the doctrine of ‘fairness’/ ‘non-arbitrariness’ laid the foundation of substantive due process in our country. Justice Nariman supports this view. In a CJI K.G. Balakrishnan Judgment in 2010, richly cited in the book, it indeed was held that the ‘standard of substantive […]Read more "The Doctrine of Arbitrariness / Substantive Due Process I"
ADM Jabalpur must be confined to the dustbin of history. Hon’ble Justices Aftab Alam and A.K. Ganguly in Rajnath Chauhan, (2010) 14 SCC 209 were clear on that conclusion. Two months after the pronouncement of judgment, Times of India carried the following headline: ADM Jabalpur is a flop movie, only remembered fondly for the stellar […]Read more "The Discomfort of ADM Jabalpur"
Former Delhi Excise Chief, Dr. Anup Kumar Srivastava received a reprieve from the Supreme Court, recently. “There is no material evidence on record in order to bring home the charge of conspiracy against the Respondent. There is no direct or circumstantial evidence to prove that the Respondent has demanded any illegal gratification and has accepted […]Read more "The Question of Six Zeroes in Call No. 51"
My Lord, Should Section 2(1)(d) of The Protection of Children from Sexual Offences Act, 2012 that defines ‘child’ to mean any person below the age of 18 years, engulf and embrace, in its connotative expanse, the ‘mental age’ of a person or the age determined by the prevalent science pertaining to psychiatry so that a […]Read more "The Nature of Judicial Power: The Theory of Creative Interpretation"
“The jurisprudential basis for the ‘rule of widest construction’ is the hallowed belief that a Constitution is drafted with an eye on future providing a continuing framework for exercise of governmental power. Therefore, it must be elastic enough to meet new social, political and historical realities often unimagined by the framers of the Constitution. Chief […]Read more "The Doctrine of Widest Construction"