Women's Day Special | Justice BV Nagarathna : A Judge Fearless In Expressing Dissent

On this Women's Day, let us talk about the woman judge who dissented more than three times since her elevation to the Supreme Court. It is none other than Hon'ble Justice BV Nagarathna, who is touted to be India's first woman Chief Justice in 2027. Dissent is common, but what makes it more valuable is the time and occasion where the person “dissents. The essence of a healthy democracy, or even the last bastion of hope for a struggling democracy, is the independence of its judiciary; and...

From The Bench To The Ballot Box- A Constitutional Vacuum

On March 7th, 2024, former Calcutta High Court judge, Abhijit Gangopadhyay formally became a member of the Bharatiya Janata Party (BJP), after resigning from his position as judge of the Calcutta High Court, five months before his date of retirement, writing to the President Droupadi Murmu, Chief Justice of India DY Chandrachud, and Chief Justice TS Sivagnanam of the Calcutta High Court. Being inducted into the party, sitting beside BJP leaders such as Suvendu Adhikari & Sukanta...

Can SAT Can Function Without The Presence Of A Judicial Member?

On 29th December 2023, Hon'ble Justice Tarun Agarwala (“Justice Agarwala”) retired and demitted office as the Presiding Officer (“PO”) of the Securities Appellate Tribunal (“SAT”), that hears appeals against orders passed by the Securities and Exchange Board of India (“SEBI”), the Insurance Regulatory and Development Authority of India and the Pension Fund Regulatory and Development Authority. The retirement of Justice Agarwala left the functioning of SAT with one technical member ...

Lord Denning - A Phenomenon

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death...

The Constitutional Silence On Judges In Politics

“Judges should be of stern stuff and tough fibre, unbending before power, economic or political, and they must uphold the core principle of the rule of law which says “Be you ever so high, the law is above you.”-Supreme Court of India in SP Gupta v Union of India.The announcement by a sitting judge of the Calcutta High Court of his intention to tender his resignation and possibly enter the political arena has taken the media by storm and has resurrected the old debate about the expected conduct...

Sublimation Of Conflict: Path To Healing

In the intricate landscape of dispute resolution, journeys through numerous mediations make one ponder the fate of those parties who settle conflicts out of fear, face-saving, or find themselves devoid of hope for future results. A profound realization dawns – the true essence of conflict resolution goes beyond mediation; it delves into the realm of healing, a realm where peace builders or peace mediators thrive.When the parties stay long with the conflict, they create a strong belief and...

Fali Nariman: Etched In Memories

It is just a week since we bid adieu to Mr. Fali Nariman and there is plenty written and spoken about him – This shows how much he influenced us. The loss is still sinking in particularly when you have known him closely, don't expect it and was working with him during his final days.I met Fali on a reference from one of my faculty at King's College, the late Martin Hunter. One fine Saturday he was speaking at the inaugural session of a conference which I was attending. After the inaugural...

Duty To Assist The Cause Of Justice, Not Just The Client

The two of us came across some interesting comments on social media while discussing the recent (and very pertinent) observations of the Chief Justice of India during the Commonwealth Attorneys and Solicitors General Conference (CASGC), 2024, to the effect that law officers of the State must not just function as representatives of the government but also as officers of the court. While this aspect of litigation might sound trite to true-blue constitutionalists, especially from functional...

Fali Nariman-The Peerless

“Lawyers in India never retire; they simply drop dead”, remarked Fali S. Nariman. He proved the truth of that remark. Agile and active for his 95 years till February 20, Fali, as he was affectionately known across the board, was finalisng his written submissions in a pending Constitution Bench case till late night and quietly passed away in the wee hours of February 21 bringing the curtain down on a unique and illustrious life and career. His passing has removed from the scene perhaps the...

When I Briefed Mr. Fali Nariman

It was February 2014, when 49 day- old government, led by the Aam Aadmi Party (AAP) in the National Capitol Territory of Delhi, had resigned with the recommendation of dissolution of the assembly and immediate conduct of the election to the Delhi Legislative Assembly, but, the Central Government had gone against the above recommendation and imposed the President Rule, under Article 239AB of the Constitution of India. Mr. Arvind Kejriwal, the leader of AAP, had apparently not expected this and...

Analysing The Dynamic Effects Of Registration In Trademark Infringement In Light Of Dr. Reddys Laboratories Ltd. V. Fast Cure Pharma

Recently, the Delhi High Court in Dr. Reddys Laboratories Ltd.v. Fast Cure Pharma[1] ruled that “Trademark Rectification Petition can be filed in any High Court within whose jurisdiction the dynamic effect of the trademark registration is felt”. Justice Hari Shankar while deciding the case said that “the Registrar, who could exercise jurisdiction under Section 47 or Section 57 would undoubtedly be the Registrar who granted registration to the impugned mark, the High Court which could...

Fali S Nariman : A Look At His Legendary Career & Landmark Cases

“I Have Lived and flourished in a Secular India. In the fullness of time, if God wills, I would also like to die in a secular India." - Fali S. Nariman, Before Memory Fades: An AutobiographyFali Sam Nariman, an eminent jurist of unparalleled distinction, has left an indelible mark on the landscape of Indian law with his exceptional legal acumen and unwavering commitment to justice. Born on January 10, 1929, in Rangoon (now Yangon), Myanmar, Nariman embarked on a remarkable legal career that...