Random Collectibles of Justice M.R. Shah at Supreme Court
02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of...
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Spare
Ask me about any space I’ve occupied – castle, cockpit, classroom, stateroom, bedroom, palace, garden, pub – and I’ll recreate it down to the carpet tacks. Is it genetics? Trauma? Whatever the cause,...
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Golfer’s Piece of Chocolate
Sir William Blackstone was the greatest exponent of common law we have ever had. But, strangely enough, when I was at Oxford I was told nothing about him. His fame was so great, he was made a Judge of...
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Review of Death Penalty XXXVII
The blast at hand was not an isolated incident. It was part of an international conspiracy which was masterminded by A11, Bilal Ahmed Beg, who never faced trial. It is proved beyond reasonable doubt,...
View ArticleThe Writ of Mandamus IV
The role of Judiciary is to ensure, Legislature and Executive function within constitutional limits. Court has held, effect of Judgments can be nullified. However, nullification of Mandamus would be...
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SSR
Sushant Singh Rajput (SSR) met an untimely end on 14.06.2020. The circumstances remain murky and dust is still to settle. The right to privacy and publicity are not heritable and died with SSR. The...
View ArticleHierarchy of Documents / Claim of Juvenility VI
A conjoint reading of Section 34 of The Protection of Children from Sexual Offences Act, 2012 and Section 94 of The Juvenile Justice (Care and Protection of Children) Act, 2015 indicates hierarchy of...
View ArticleMonstrosity of Winnability III
It was urged, while it is undoubtedly important to respect popular will and Courts ought to be slow in upsetting them, equally it is important to maintain purity of an election process. Courts are,...
View ArticleVernon’s Bail
Dr. Anand Teltumbde v. National Investigation Agency, 2022 SCC OnLine Bom 5174 has not been interfered with. _____ Hitendra Vishnu Thakur v. State of Maharashtra, (1994) 4 SCC 602; Niranjan Singh...
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Minimum 75% in Class XII
Learned Senior Counsel, P.S. Patwalia contends, condition of having acquired 75% marks defeats objective of providing a sports quota because it assumes sports persons also have a degree of academic...
View ArticleStrict Construction of Election Law
It is well-settled, where a right or a liability is created by a statue, which gives a special remedy for enforcing it, remedy provided must be availed of. It is also well-settled, if a statue...
View ArticleNon Est Factum
The plea of non est factum basically means, ‘it is not my deed’. In Re: Saunders v Anglia Building Society, (1970) 3 ALL ER 961. A. The person pleading non est factum must belong to “class of persons,...
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Preventive Detention Statute V
Learned Counsel has placed strong reliance on Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722. We may say with profound respect, Cherukuri Mani does not lay down...
View ArticleTest Identification Parade
We are conscious, M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 came to be overruled in K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1. M.P. Sharma had observed, privacy is not a right guaranteed...
View ArticleSlight Divergence of Russell and Gary Born
Court did not, in Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd., 2021 (1) SCR 1135 direct, a Dissenting Opinion to be treated as an Award. This approach is correct....
View ArticleReview of Death Penalty XXXVIII
Our mind got clouded with suspicion. We noticed few very serious lapses. High Court completely forgot, there was juvenile-Pritam Tiwari. As per witnesses, it was Pritam Tiwari who had come. Also,...
View ArticleHudson, Emden, Eichleay
McDermott International Inc. v. Burn Standard Company Limited, (2006) 11 SCC 181 has referred to various methods of computation of damages. In particular, reference has been made to Hudson’s formula,...
View ArticleGrounds of Arrest
The finer connotations and nuances of Section 19 of The Prevention of Money-Laundering Act, 2002, left uncharted by this Court in Vijay Madanlal Choudhary, 2022 (10) SCALE 577, were still open to...
View ArticleSection 50 of The NDPS Act
State of Punjab v. Baldev Singh, (1999) 6 SCC 172 stated, Section 50 will come into play only in case of personal searches and not of bags. State of Himachal Pradesh v. Pawan Kumar, (2005) 4 SCC 350...
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The Fundamental Right to Marry
Supriyo @ Surpiya Chakraborty v. UoI Writ Petition (Civil) No. 1011 of 2022 My Lord, LGBTQ persons have a right to marry a person of their choice regardless of religion, gender and sexual orientation?...
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