Articles
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...
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...
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...
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...
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...
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...
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...
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...
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...
Remembering Fali S Nariman: A Noble and Brilliant Jurist
I remain deeply saddened to learn about the demise of Fali S Nariman, a towering figure in the legal fraternity and a champion of constitutional and human values. He passed away at the age of 95, leaving behind a legacy of remarkable achievements and a profound impact on the country's judicial system.Fali S Nariman was a jurist par excellence, a senior advocate of the Supreme Court since...
Some Reflections In The Wake Of 'Jail Is The Rule, Not Bail' Law
The recent judgment of the Supreme Court in Gurwinder Singh vs. State of Punjab[1] holds the view that 'jail is the rule and bail is the exception', in Unlawful Activities (Prevention) Act, 1967 (UAPA) cases . The court observes: “18. The conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favour of the...
Use Of Unrelied Documents During Framing Of Charge: Time To Revisit State Of Orissa Vs Debendra Nath Padhi
The right to fair trial is at the heart of the principle of Rule of Law in India . The concept of Rule of Law is identified as part of the basic structure of the Constitution of India. The Supreme Court of India has expanded the horizons of the right to fair trial by giving purposive interpretation to Article 21 of the Constitution. A very recent addition in 2021 in this journey...