Bench Structure and Constitutional Adjudication – The Court at a Crossroads

What is the thread that binds the Salwa Judum, Aruna Shanbaug, Right to Education and the Naz Foundation cases? These all happen to be relatively significant constitutional matters and, belying Article 145(3) of the Constitution of India, have been decided by benches of two or three judges of the Supreme Court of India. The subject of bench structure which forms a significant part of the literature on adjudication bears important consequences on various issues, some of which shall be outlined...

Can the Constitutional Courts Quash an FIR ?

This article which may perhaps embarrass the higher judiciary of the country and antagonise a section of the robed brethren at the Bar, is penned  out of the disillusionment of the author at the way truth and real life  miseries are forensically placed on the adjudicatory  altar for being judicially guillotined.    Those who are familiar with the curial mechanics know how easy it is to get an FIR quashed and how, until then the investigation of the case is got stalled through an interim order.2....

Thank God, Justice Dave is not a Dictator

“Had I been the dictator of India, I would have introduced Gita and Mahabharata in class one” is the least expected statement from Justice Dave, a well meaning Judge in the Supreme Court of India. Justice Dave is considered to be very patient and the most courteous Judge, by all means a thorough gentleman and a good judge. But good qualities do not always absolve him from his poor idea of the society and secular India. As stated in the preamble of Indian Constitution, ie ‘we the People of India,...

An Analysis on the Agency Laws of Kuwait and India

I IntroductionThis article attempts to scrutinize the agency laws of Kuwait and India. These two countries are chosen because of the difference in the legal approach in the regulation of agency laws. The process of entering into a foreign market diversifies a business enterprise but contracting should always be done on market terms complying with the local laws. Entering into an agency relationship is the easiest way to start operation in a foreign country. However, proper evaluation of the...

Revamp the System of Judicial Appointments - A Demand Long Overdue

When our house is totally in disorder it is our duty to clean up the mess and make it livable.When there is a clear incident pointed out by a retired Supreme Court Judge, Justice Markandey Katju who is known as an outspoken and honest Judge and his claims are supported by another Judge of great repute, Justice Ruma Pal, it is high time that we the members of Bar and all others who occupy the high offices discuss seriously the issue of Judicial Appointments.  Members of the Bar have a general...

Downing of Malaysian Airliner in Ukraine: A Blatant violation of International Law

With the downing of Malaysian Airliner MH-17 over eastern Ukraine, the provisions of International Laws and International Human Rights were also burnt to ashes.It must have really been hard to witness such cruel disrespect and downfall of international humanitarian laws for the founders of the famous Geneva Conventions who time and again advocated the sacred rights of the innocent Civilians during any armed conflict.The panic-stricken conflict of power between Ukraine, Russia and some Separatist...

‘Justice for Ajay Henry’, and many others – state of emergency medical care in India

“Kollam, Kerala; February 10, 2014: Ajay Henry, 22, who died following a car accident at Madannada Junction on the wee hours of 8th January 2014, was rushed to the Kollam District Hospital for treatment and to save his life.It was very unfortunate that there was total medical negligence resulting in the loss of life of a youth of 22 years, who could be of great value and service to the society. Although Ajay was rushed to the Kollam District Hospital just minutes after the car accident, there...

"Judicial Appointments- Lessons from Gopal gate"

“Abki baar Modi Sarkar” (This time, it’s Modi all the way), they said. “Acche din aane waale hai” (The good times are here), they said. And indeed, what an explosive arrival it has been! From the euphoric elections to the minutely scrutinized oath taking to the brisk steps towards realizing his ‘100 day plan’, Narendra Modi is everywhere. Among the many things for which the Government makes headlines every day, there is one issue which seems to have touched a discordant note with the...

The Mechanics and Philosophy of Section 31 Cr.P.C. and the questionable stare decisis in cases of life imprisonment

It is the utter confusion prevailing on the interpretation of Section 31 of the Code of Criminal Procedure, 1973 ( “Cr.P.C.” for short} which has impelled the author to pen this article in the fond  hope that  an authoritative pronouncement on the issue by a larger Bench of  the Hon’ble Supreme Court of India may forge a quietus to the uncertainty haunting the sentencing discretion of the higher judiciary2.  Section 31 Cr.P.C. reads as follows:-“ Sentence in cases of conviction of several...

Prosecutrix in a Rape Case – Evaluation of Evidence – Part IV

(29) In State of Himachal Pradesh vs. Asha Ram, Asha Ram was tried on the charge of committing rape on one of his daughters, and convicted and sentenced by the trial court.  High Court reversed the conviction and acquitted the accused.State filed an appeal in the Supreme Court which restored the conviction and sentence.  In para 5 of the judgment, the Court observed as follows:– “The High Court was swayed by sheer insensitivity totally oblivious of growing menace of sex violence against the...

The question of CCI’s jurisdiction to “modify” apartment buyers agreements - A Review of COMPAT’s DLF order

In a heavy setback to the real estate giant, DLF Ltd., the Competition Appellate Tribunal [‘COMPAT’], on May 19, 2014 upheld the 2011 order of the Competition Commission of India [‘CCI’]  holding the company guilty of abusing its dominant market position with regard to a residential society in Gurgaon. In August 2011, the CCI had, pursuant to the information filed by the Belaire Owner’s Association, found that DLF had misused its position of power in dictating the terms of the Apartment Buyers...

Bench hunting: Is ‘Gopal Gate’ the only instance?

Yes. I take the liberty to call it a ‘Gate’ cause it seems to me so! Fair appointment of Judges undeniably goes hand in hand with the constitutional principle of independence of judiciary. The constitutional duty bestowed upon the judges to uphold the rule of law can only be fully subscribed to, if the people elevated to bench are awarded due respect and honour so that they can hold the post with dignity. What we have just witnessed is another abuse of power by the government by wrongly...