I had earlier defended Explanation 1 to Section 499 of the IPC (‘How do you criminally defame a corpse? Ask the SC’) and the judgment in Subramanian Swamy v. Union of India, [Writ Petition (Criminal) No. 184 of 2014], in the wake of strong arguments that Section 499 criminalizes what is essentially a private wrong, and thus […]Read more "Section 499 of the IPC III"
Hon’ble Justice R.F. Nariman has now clarified it was a majority in The Triple Talaq Judgment (3 out of 5) that held arbitrariness in the sense of manifest arbitrariness would apply to negate legislation under Article 14. “In so far as “manifest arbitrariness” is concerned, it is important to advert to the majority judgment of […]Read more "The Doctrine of Arbitrariness / Substantive Due Process III"
Amongst advocates, there are always the traditionalists. They imagine Live Tweeters in court when ADM Jabalpur was on going, and shiver at the thought. Ray CJI would have had none of it. The present Chief Justice seemingly does not subscribe to old world ideas. Juniors who have the time and the resources are travelling to the […]Read more "The Live Tweets Ailment II"
A Senior Advocate proclaimed recently: One wonders if ‘all present in the hall’ were not judicially urged to ‘stand up to show respect to the National Anthem’ whether there would be objections against playing of the anthem itself. (Turns out: Yes!) This is especially important because very few have availed the opportunity to protest the […]Read more "In Re: Ramachandra Guha on National Anthem in Cinema Halls"
Jactitation of marriage means a persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto, for the […]Read more "Jactitation of Marriage"
In George Leslie v. State of Kerala, AIR 1970 Ker 21 the term ‘Kuttikanam’ was explained as under: “In the Malayalam and English Dictionary by Rev. II. Gundert D. Ph. page 278, ‘Kuttikanam’ is defined as meaning ‘the price of timber; fee claimable by the owner for every tree cut down by the renter’. In ‘The […]Read more "Kuttikanam / Seigniorage"
In the late Nineties, Vijay Palande had adopted an interesting identity – that of a waiter at the iconic Copper Chimney restaurant in Juhu. The job was ideal as it gave him the opportunity to keep a close watch on prospective victims while serving them their favourite dish. On one such occasion, he met a […]Read more "India’s New Serial Killers II: Vijay Palande"