Strictly Legal

Judge Loya Judgment

Judge Loya Judgment Analysis

Judge Loya judgment has been rendered on a group of petitions seeking investigation into the death of Judge Loya. The only issue in the case was whether the inquest report prepared u/s 174 CrPC closing the case on the finding that the death was due to natural causes, was correct. Let me state at the outset that out of 118 pages of the judgment, 117 pages are pure noise. There…

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Triple Talaq Judgement Intrepretation

Triple Talaq Judgement Intrepretation: Bullet Points

Intrepretation • The practice of Triple Talaq is not part of personal law but statutory law vide Nariman J and Lalit J. • The practice of Triple Talaq is part of personal law not statutory law vide CJI, Nazeer J. • The practice of Triple Talaq is neither part of personal law nor statutory law vide Kurien J. • The practice of Triple Talaq is violative of Article 14 of…


AADHAAR-PAN Judgement by The Supreme Court of India

The Analysis of AADHAAR-PAN Judgement by the Supreme Court of India

The Supreme Court of India has recently delivered the AADHAAR-PAN judgement on the validity of S. 139AA of the Income Tax Act, vide which the quoting of AADHAAR no. for filing Income Tax returns post July 1, 2017; quoting of AADHAAR no. in any new application for allocation of PAN post July 1, 2017; and linking of AADHAAR no. with PAN no. post date to be announced by the Central…


Kulbhushan Jadhav Case

Kulbhushan Jadhav Case: Basics

This linked article, https://thewire.in/136848/pak-india-kulbhushan-jadhav-icj/, has very comprehensively stated the facts of and arguments taken in Kulbhushan Jadhav case pending before the ICJ. Further, the author has put up his own arguments in the article. However, it is written by an Indian, so it has its biases. Nevertheless, I would recommend you to read it. In the present article, I am stating my understanding of the basics of the case and…


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Kanhaiya’s Bail Order Is Inconsequential!

The only relevant portion in Justice Pratibha Rani’s order on Kanhaiya’s bail plea is paras 54 to 57. I think this order has completely misunderstood the law of sedition. Even though S. 124A has been quoted, it has not been followed. There is no connection between anti nationalism and disaffection against the government. What is punishable under the section is the preparatory actions of waging war against the State by…


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Kedarnath Judgment on Sedition Needs a Review

It will be noticed that the constitutionality of the provisions of the sections under which the appellant was convicted had not been convassed before the High Court. But in the petition for special leave, to this Court, the ground was taken that ss. 124A and 505 of the Indian Penal Code ‘are inconsistent with Art. 19(1) (a) of the Constitution. It has not been contended before us on behalf of…


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National Herald Case

Well…I generally don’t comment on politicking between political parties, but since this judgment has opened up new arenas of accountability of political parties, I am commenting on it. The judge has made three very strong exceptions in the case of a political party. First, he has held that in case of a political party, the rule of locus standi needs to be eased, for public interest is involved. Secondly, he…