“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"
A LOC can be issued, when the accused evades arrest or does not appear in Court or is likely to leave the Country. After a year, the Investigating Officer must renew the LOC or issue a fresh one. One of Odisha’s richest businessmen [supposedly] caused a murder in 2016. Mahimananda Mishra had fled to Thailand […]Read more "The Look Out Circular"
‘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 […]Read more "Condonation of Delay VI: 2088, 1405"
“The exposé of facts very succinctly put is that on 21.10.1994, Mariam Rasheeda, a Maldivian National, was arrested and sent to Judicial Custody. During interrogation, she made certain confessions alleging that certain official secrets and documents of Indian Space Research Organization (ISRO) had been leaked out by scientists of ISRO. On 30.11.1994, S. Nambi Narayanan, […]Read more "Compensatory Jurisprudence of Constitutional Courts VI: S. Nambi Narayanan"
Questions, My Lord Did Massimiliano Latorre [L] and Salvatore Girone [G] ‘deliberately’ fire? Did L and G ‘mistake’ the Indian trawler ‘St. Antony’ to be a pirate boat? Should it be considered that ‘St. Antony’, unregistered under The Indian Merchant Shipping Act, 1958, did not raise the Indian Flag? Are Indian authorities permitted to prosecute Foreign Nationals […]Read more "The Enrica Lexie Incident II"
[This Article was First Published in June, 2016] As per Article 97 of the United Nations Convention on the Law of the Sea (“Convention”): “In the event of a collision or any other incident of navigation concerning a ship on the high seas”, only the Flag State of that ship can launch penal proceedings. Is […]Read more "The Enrica Lexie Incident I"
Counsel cited these cases: Foreign Cases: Naviera Amazonica Peruana S.A., (1988) (1) Lloyd’s Law Reports 116. Hiscox, (1992) 1 AC 562. McDonnell Douglas Corpn., (1993) 2 Lloyd’s Law Rep. 48. C vs. D, (2007) EWCA Civ 1282 (CA). C vs. D, (2008) 1 Lloyd’s Law Rep 239. Braes of Doune Wind Farm (Scotland) Limited, (2008) […]Read more "Referred to Larger Bench XIII: Venue v. Seat, Arbitration"