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"
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"
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"
Section 15 of the The Hindu Marriage Act, 1955: “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal […]Read more "इसकी टोपी उसके सर्र: Section 5(1) + Section 15 of The Hindu Marriage Act"
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"
In Gibson v. Skibs, (1966) 2 All ER 478 it was held that “prima facie one would expect that when two different words, although practically synonymous in ordinary use, are employed in different parts of the same regulation dealing with the same kind of topic, they are intended to have some different meaning.” The SC […]Read more "Synonymous Words, Different Meanings"
“The Common Law rule of construction “verba chartarum fortius accipiuntur contra proferentem” means that ambiguity in the wording of a policy is to be resolved against the party who prepared it. MacGillivray on Insurance Law [9th ed., 1997] deals with the rule of Contra Proferentem as follows: “The Contra Proferentem rule of construction arises only […]Read more "The Contra Proferentem Rule IV"