Monday, 21 April 2014

Rajmani in Delhi Vehicular Pollution and Municipal Solid Waste Management Case

"Policy, Environmental and Social, must emerge from a socio poilitical process and must be considered in a legitimate forum, not a Judicial one"

(Varun Gauri pointing out the argument over the seperation of powers opposing the values of PIL)

Manicka Poosali (Dead) by LRs. and Ors. Vs. Anjalai Ammal and Anr (AIR2005SC1777)

  "The High Court could not go into the questions which had not been raised by the respondents either in their pleadings or in the evidence or in the memorandum of grounds of second appeal. Jurisdiction of the High Court under Section 100 CPC is limited to a substantial question of law framed at the time of admission of the appeal or at a subsequent stage if the High Court is satisfied that such a question of law arises from the facts found by the courts below. The High Court could not go into the question regarding the due execution and the validity of the settlement deed or the genuineness of the will which had not been challenged by the respondents either in their pleadings or in their evidence or in the memorandum of grounds of second appeal."

Ramanathan Chettiar vs. Viswanathan AIR 1941 PC 43.

"The purchaser is bound to enquire into the necessities for the family to sell, and to satisfy himself, as well as he can, with reference to the parties with whom he is dealing,that the manager is acting in the particular instance for the benefit of the estate"

Tuesday, 15 April 2014

Baxi in Fedaralist on the acts of Apex COurt in the Post Emergency phase.

“Judicial populism was partly an aspect of post-emergency catharsis. Partly, it was an attempt to refurbish the image of the court tarnished by a few emergency decisions and also an attempt to seek new, historical bases of legitimat ion of judicial power.

S.P. Sathe in "Judicial Activism - Indian Experience"

A court gains strength only by carving a niche for itself in the minds of the people. A court must appear to the people as their protector. It must not only be, but also must appear to be impartial, principled, and capable of achieving results.

S.P. Sathe in "Judicial Activism - Indian Experience"

"A court becomes strong only when it identifies itself with the
disadvantaged minorities and they see the court as an independent
institution, a bulwark against oppressi on and tyranny. "

Justice Chandrachud in ADM Jabalpur justifying the provisions of Art 359 taking away the Fundamental Rights

"Counsel after counsel expressed the fear that during the
emergency, the executive may whip and strip and starve the
detenu and if this be our judgement [sic], even shoot him
down. Such misdeeds have not tarnished the record of Free
India and I have a di amond -bright, diamond -hard hope that
such things will never come to pass."

Saturday, 12 April 2014

Karan Dileep Nevatia, Proprietor v. The Union Of India [2010(1)BomCR588]

“If Parliament has not made any law in respect of an International Treaty under Article 253, delegated legislation cannot be struck down on the ground that it is contrary to a provision of an International Treaty and in such a situation delegated legislation cannot be made subject to an International Treaty.”

Karan Dileep Nevatia, Proprietor v. The Union Of India [2010(1)BomCR588]

..held by the Honorable High Court of Bombay that an international treaty might have been signed by the Government of India but it cannot be binding on the states unless any direction under Article 253 is made by the parliament.

Constitution Assembly Debate - Samvidhaan

B. Pattabhi Sitaramayya "Sir, I suggest that, in addition to 3 lawyers, one man of common sense should also be added"
" and I do not exclude lawyers from the category of people of common sense" replies the Speaker, Rajendra Prasad.

Wednesday, 9 April 2014

Tuesday, 1 April 2014

By Nizar Qabbani ( Courtesy: shared on twitter) - 2

".. because the depth of your love today, is the depth of your wound tomorrow."

By Nizar Qabbani ( Courtesy: shared on twitter)

" If you want to kill somebody, conquer his heart,
Then leave slowly and leave them between death and madness."