A Black Bill on Black Money

The popularly termed Black Money Bill came to Rajya Sabha for discussion on May 13. I could only watch with great irritation and some amusement the magnanimity of the Presiding Chairperson of allowing all supporters of the Bill to consume almost the entire two hours allotted for discussion and disposal of the Bill. I must say I was a little surprised that the Congress Party also supported...

Why you should oppose the Juvenile Justice (Care and Protection of Children) Bill 2014

Since the Nirbhaya rape in Dec. 2012, media has been repeatedly demonizing children found involved in commission of serious offences, leading to a public outcry against the protective approach of the Juvenile Justice Act 2000. Children have become the target of media attack and very severe scrutiny if they commit an offence. Even though the child involved in Nirbhaya was found not be the...

Exclusive ; Certificate of Practice - Bar Council of Kerala fleecing lawyers and flouting Rules

The Bar Council of Kerala is constituted by representatives of lawyers who are elected from among them. But it is now doubtful whether the elected representatives of lawyers are eager about the welfare of lawyers of the State of Kerala. The recent development of issuance of Certificate of Practice to lawyers mooted by the Bar Council of India is seen utilised by the Bar Council of Kerala...

Holiday cravings in India

Two occurrences in the month of March 2015 were eye openers as far as our holiday cravings were concerned. When the Chief Justice of India convened a conference of high court chief justice’s to be held on April 3rd, 4th and 5th, one of the days (3rd April) happened to be Good Friday. This evoked murmurs of protest and there were demands that the conference be cancelled. The protest was...

Dauntless Aruna: The pioneer of Euthanasia debate breathes her last

“He will wipe away every tear from their eyes, and death shall be no more, neither shall there be mourning, nor crying, nor pain anymore, for the former things have passed away.”- Revelation 21:4After fighting bravely for 42 years, lying in a vegetative state, Aruna Shanbag has passed away today. She spent her final week battling a serious bout of pneumonia and was breathing with the help...

The unending uncertainty in the Death sentencing Policy of Indian Courts

A recent judgment of a CJI-led 3 Judges’ Bench decision in Purushottam Dashrath Borate & Anr v. State of Maharashtra has reopened the long-standing controversy on the capricious, uncertain, confused and arbitrary nature of death sentencing policy of Indian courts.Death or life imprisonment was the question that once again vexed the Court in Purushottam Dashrath Borate & Anr v. State...

Keeping the faith : How an exceptional Judge has managed to blend speed & quality in delivery of Justice

There are times and occasions when the Indian judiciary is hailed as the ‘sentinel’, and the protector of the civil liberties of the Indian citizens, as for example when the Court struck down Section 66A of the IT Act which evoked admiration and applause from the people at large, and there are also times- as for example when a case drags on for years at a stretch, when it comes in for...

“Same day conviction and sentence” : ‘The Times of India’ gets ‘caught on the wrong foot’ again

The verdict of the Sessions Court in Mumbai holding Bollywood actor Salman Khan guilty of culpable homicide for his act of ramming a roadside bakery with his Toyota Land Cruiser on September 28, 2002, killing one person and wounding four others sleeping on the pavement outside, and sentencing him to five-years’ rigorous imprisonment and a fine of Rs. 25,000 has sparked extreme reactions,...

Breaking ; #Dishonour of cheque issued by a company: Notice to individual directors of the company not contemplated under Section 138 of the NI Act : SC [Read the Judgment]

Answering the issue whether notice under Section 138 of the Negotiable Instruments Act is mandatorily required to be sent to the directors of a Company before a complaint could be filed against such directors along with the Company in case of dishonor of a cheque issued by the drawer-Company, the Supreme Court in an important decision rendered today, has clarified that Section 138 of the Act...

Rare Humanitarian Gesture; Judge pays One Lakh Rupees to the Claimant and ends 22 yr long Legal Battle

The Kerala Judiciary is once again in headlines for the rare humanitarian gesture of Sri S.Manohar Kini, Judge, Motor Accidents Claims Tribunal, Palakkad. During February 2015, a young Munsiff, Sri Aravind V.Adiyodi hit the headlines through his gesture of clearing the debt of a poor bedridden man with Canara Bank in a Lok Adalat organized at Vadakara.Sundaran, a resident of Vakkeelparamb...

Breaking; Dishonour of Cheque Cases can only be filed before the Court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment is situated; Cabinet approves Amendment to nullify Dashrath Rathod Judgment

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved the proposal to introduce the Negotiable Instruments (Amendment) Bill, 2015 in Parliament. The amendments are focused on clarifying jurisdiction related issues for filing cases of offence committed under Section 138 the Negotiable Instruments Act,1881 (NI Act).The main amendment included in this is the...

Exclusive ; Justice Sathasivam requested me to canvass for his appointment as Governor ; Senior Advocate Dr. Adish C Aggarwala who filed PIL against Justice Sathasivam

Dr. Adish C. Aggarwala is a Senior Advocate and the Chairman of All India Bar Association, Former Vice-Chairman of Bar Council of India, Former Chairman of Bar Council of Delhi, Former Vice Chairman Bar Council of Delhi, Former Senior Additional Advocate General of Govt. of Haryana, Former Additional Advocate General of Govt. of Punjab, Govt. of Uttar Pradesh and Govt. of Tamil Nadu and Former Vice-President of Supreme Court Bar Association. The PIL filed by Mr. Adish Aggarwala against present...