There have been only 10 decisions by a Bench of Nine Judges at the Supreme Court. Justice K S Puttaswamy v. Union of India, [Writ Petition (Civil) No. 494 of 2012] is the most recent. In Puttaswamy, CJI Khehar chose not author a judgment and instead relied on Justice Chandrachud. This is odd. It has happened only […]Read more "Nine Judge Benches"
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"
On 19.11.2002, Ms. Pushpa Lekhumal Tolani, of Indonesian Passport, carried with her, on her flight from London to New Delhi, 28 packages containing 44 items of jewellery worth Rs. 25 Lakhs. The Competent Authority confiscated her articles and imposed ‘fines and penalties’ worth Rs. 18 Lakhs. The HC quashed the order. In an appeal by […]Read more "The Comfortable Life of Gold Smugglers II"
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"
“A few days ago we had highlighted a decision of the Bombay High Court in DBM Geotechnics v. BPCL where the High Court had drawn a distinction between the power to nominate an Arbitrator and the choice of the Nominee. The Arbitration Clause allowed an employee of a company to nominate another employee as an Arbitrator. […]Read more "Section 12(5) of The Arbitration Act I"