But amidst 'the tensions between antagonistic principles', one thing is certain: so long as poverty -dire poverty- continues to stalk the land and so long as gross disparities between the very rich and the very poor get accentuated, the ideal of an egalitarian society envisaged in our basic document of governance remains an evanescent dream
Nothing in Specific. Nothing in Particular. Mainly related to law, in and around. Vaguely related to stuffs, I come across. Distantly related to my thoughts, on a lighter note.
Tuesday, 13 May 2014
Thursday, 8 May 2014
Rolf Potts
I think your travels get better when you stop showcasing your journey to others and begin to live it, quietly and joyfully.
Dua. Ransel
Follow your heart, guidef by your conscience. Neitherfollow trend, nor avoid trends for the sake of being unique.
Monday, 21 April 2014
Tiruvengadam(2009) quotes Justice Katju on PIL issue
"PIL has developed ino an unconrollable Frankenstein"
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)
(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. "
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."
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
Mahatma Gandhi's Advice to the people of Cabinet on the day of independence
" Be Humble and beware of Power. Power Corrupts."
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."
Monday, 31 March 2014
CJI P Sathasivam in Devendar Pal Singh Case citing Shatrughan Chauhan & Anr. vs. Union of India & Ors., 2014 (1) SCALE 437
"In the aforesaid verdict, this Court validated the established principle
and held that unexplained/unreasonable/inordinate delay in disposal of
mercy petition is one of the supervening circumstances for commutation
of death sentence to life imprisonment.."
Friday, 28 March 2014
Kurian Joseoh J. in Sunil Gayakwad vs. Maharashtra
"When there are binding decisions, judicial comity expects and requires the same to be followed"
Tuesday, 25 March 2014
Contingent Fees and Ethics - An Article on Legalsutra
"..solid reputation and the need for complete candour between advocate and client is the cornerstone of every advocate’s practice."
Source: http://www.legalsutra.com/wp-content/uploads/2010/10/13/contingent-fees-and-professional-ethics/Contingent-Fees-ethics.doc.
Source: http://www.legalsutra.com/wp-content/uploads/2010/10/13/contingent-fees-and-professional-ethics/Contingent-Fees-ethics.doc.
Delays in Indian Courts, Robert Moong (1992)
"..the justice is not served unless the case is decided on its merits. Of course this ignores the reality that in many cases , the delay are so long that memories fade and the judgments, when finally delivered, may be worthless."
Monday, 24 March 2014
Thakur Prasad vs V.S. Mehta, 1965; Vodafone Case, 2009
"...where a right or liability is created by a statute
which gives a special remedy for enforcing it, the remedy provided by
that statute only must be availed of."
The Vodafone Case, 2009
As per Effects Doctrine Extra-territorial operation of Section 195 of
the I.T Act, it was held, that any state may impose liabilities, even
upon persons not within its allegiance, for conduct outside its borders
that has consequences within its borders which the State represents.
Therefore, when the dominant purpose of entering into agreements between
the two foreigners is to acquire the controlling interest which one
foreign company held in the Indian company, by other foreign company,
the transaction would certainly be subject to municipal laws of India,
including the Indian Income Tax Act.
Friday, 21 March 2014
Supreme Court on the conditions of CBI under the Government control (May, 2013 Judgment)
"It's a sordid saga that there are many masters and one parrot,"
During the Witness Examination Scene in "Philadelphia"
PUCL Vs. UoI (The NOTA Case)
"If the right to vote is a
statutory right, then the right to reject candidate is a fundamental
right of speech and expression under Constitution"
Thursday, 20 March 2014
"The Jury" by Steve Martini
"The Challenge is to lie to yourself and to do it so convincingly. That is the art of a true believer, who will accept every deciet, even his own, on faith"
Justices G.S. Singhvi and A.K. Ganguly in Delhi Jal Board Case
“If the system can devote hours, days and months to hear the elitist class of eminent advocates engaged by those accused of evading payment of taxes... (or) heinous crimes... (then) some time can always be devoted for hearing the grievance of the vast majority of silent sufferers..”