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Books - Best Cure For Mental Illness

This is the fourteenth post of the series 'LegalTrek'. This post is about Irving Stone and his biographical novels. The last post was 'Prejudice - The Womb Of Injustice'.
LegalTrek How I Became A Lawyer।। Allahabad High Court Is Born।।Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea: Some Suggestions।। Courtroom - Finest Legal Biography।। Leibowitz - The First Case।। Art of Cross Examination।। The Man on the Cigarette Packet।। Scottsboro Boys' Case - Facts।। Scottsboro Boys case - First Round Supreme Court।। Prejudice - the Womb Of Injustice।। Books - Best Cure For Mental Illness।।

Life is Full of Surprises

At the end of my judicial career, I was a frustrated; unhappy about my decision in late 1990's for accepting judgeship: teaching 'Information Technology and Intellectual Property Rights for a semester in the Allahabad University did not elevate my spirits.
But joining back the legal profession, starting practice in the Supreme Court reinvigorated me. I met lawyers who had argued their cases in my court, clients whose cases I dealt with. This gave fulfilment and new meaning. Life often throws surprises in unexpected ways. Here is one of them.

न्यायाधीश का कार्यकाल समाप्त करते समय, मैं अपने अन्दर टूूट चुका था; नाखुश था अपने उस निर्णय से कि मैं न्यायाधीश क्यों बना: इलाहाबाद विश्वविदयालय में एक सेमेस्टर 'सुचना प्रौद्योगिकी और बौद्धिक सम्पदा अधिकार' कानून पढ़ाने के बाद भी कुछ नहीं बदला।लेकिन सुप्रीम कोर्ट में, वकालत शुरू करने से सब बदल गया। उन वकीलों से मिलना, जिन्होंने मेरे सामने बहस की, उन मुव्वकिलों से टकराना, जिनके मुकदमें किये - इसने जीवन में नये रंग भरे, लगा जीवन बेक…

Prejudice - The Womb Of Injustice

This is the thirteenth post of the series 'LegalTrek'. The last post was 'Scottsboro Boys case - First Round Supreme Court'. This post explains - what happened in the second round before the US Supreme Court; how the  Scottsboro Boys case ended; how prejudice breeds injustice; and most importantly what is the duty of a lawyer. 'Heavens Fall' is film made in 2006 on 'Scottsboro Boys case'.

LegalTrek
How I Became A Lawyer।। Allahabad High Court Is Born।।Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea: Some Suggestions।। Courtroom - Finest Legal Biography।। Leibowitz - The First Case।। Art of Cross Examination।। The Man on the Cigarette Packet।। Scottsboro Boys' Case - Facts।। Scottsboro Boys case - First Round Supreme Court।। Prejudice - the Womb Of Injustice

There was not a single Black in the jury in the second trial of the 'Scottsboro Boys case'. During trial,…

Scottsboro Boys case - First Round Supreme Court

This is the twelfth post of the series 'LegalTrek'. The last post was 'Scottsboro Boys' Case - Facts'. This post explains, what happened after their conviction was set aside by the US Supreme Court and how Leibowitz entered in the case. LegalTrek  How I Became A Lawyer।। Allahabad High Court Is Born।।Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea: Some Suggestions।। Courtroom - Finest Legal Biography।। Leibowitz - The First Case।। Art of Cross Examination।। The Man on the Cigarette Packet।। Scottsboro Boys' Case - Facts।। Scottsboro Boys case - First Round Supreme Court।।

Scottsboro Boys' Case - Facts

This is the eleventh post of the series 'LegalTrek'. The last post was 'The Man On The Cigarette Packet'. This post explains is about the facts of the Scottsboro Boys' Case - the case that inspired Harper Lee to write 'To Kill A Mocking Bird'.
LegalTrek  How I Became A Lawyer।। Allahabad High Court Is Born।।Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea: Some Suggestions।। Courtroom - Finest Legal Biography।। Leibowitz - The First Case।। Art of Cross Examination।। The Man on the Cigarette Packet।। Scottsboro Boys' Case - Facts।।

The Man On The Cigarette Packet

This is the tenth post of the series 'LegalTrek'. The last post was 'Art of Cross Examination'. This post explains why many witnesses are honestly mistaken about the identification and why leading question are not allowed in the Examination-in-Chief.
LegalTrek  How I Became A Lawyer।। Allahabad High Court Is Born।।Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea: Some Suggestions।। Courtroom - Finest Legal Biography।।Leibowitz - The First Case।। Art of Cross Examination।। The Man On The Cigarette Packet

Art of Cross Examination

This is the ninth post of the series 'LegalTrek'. The last post was 'Leibowitz - The First Case' and this post is about importance of cross examination, a good book on the same and how Samuel Leibowitz used it in a case. 


LegalTrek  How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea: Some Suggestions।। Courtroom - Finest Legal Biography।।Leibowitz - The First Case।। Art of Cross Examination।।


THE UNIFORM MARRIAGE AND DIVORCE BILL...

Two areas are close to my heart, namely uniform civil code and population control. I had drafted bills in late 1990's before I was  offered judgeship. The bills were distributed in the Parliament at that time but before they could be introduced (whether as a bill from the public or as a private member bill) the Parliament was dissolved. 
The Central government has asked the Law Commission to examine the issue of implementing the  Uniform Civil Code in detail and submit a report. I thought of publishing the bill relating to Uniform Civil Code that I had drafted.

Leibowitz - The First Case

This is the eight post of the series 'LegalTrek'. The last post was 'Courtroom - Finest Legal Biography' and this post is about how Samuel Leibowitz got his first case and what happened ti it. 
LegalTrek How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea: Some Suggestions।। Courtroom - Finest Legal Biography।। Leibowitz - The First Case

Courtroom - Finest Legal Biography

This is the seventh post of the series 'LegalTrek'. The last post was 'National Court of Appeal - Not A Good Idea' and the next few posts will be about the  legal autobiographies/ biographies. This post is about a book titled 'Courtroom', the finest legal biography that I have read.
LegalTrek
How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea: Some Suggestions।। Courtroom - Finest Legal Biography।।

National Court of Appeal – Not A Good Idea: Some Suggestions

This is the sixth post of the series 'LegalTrek'.The last post was about 'Benches and the Law Commission' and this post is about whether we should have National Court of Appeal (NCA) or not what steps may be undertaken to reduce the pendency in courts. LegalTrek
How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।। Court of Appeal – Not A Good Idea।।

Forty Years Ago

ADM Jabalpur Vs Shiv Kant Shukla (The Habeas Corpus case) dealt with maintainability of Habeas Corpus petition during emergency. It was decided forty years ago on 28th April 1976. It made Justice HR Khanna immortal and continues to be a blot on the otherwise golden armour of our highest  Court. VKS Chaudhary was Senior Advocate and the chairman of the Trust. He was detained during emergency. The full bench of the Allahabad High Court held his Habeas Corpus to be maintainable. However the decision was reversed by the Supreme Court in the Habeas Corpus case.  Justice yatindra Singh (now chairman of the Trust) was the counsel in the case. The article below is recollection of that time before the Supreme Court.
नवभारत में निकले, हिन्दी में इस लेख को पढ़ने के लिये यहां चटका लगायें।

Benches and The Law Commission

This is the fifth post of the series 'LegalTrek'.The last post was about my 'Introduction to Setalvad' and this post is about MC Setalvad's view on Lucknow bench as well as his view on benches of the courts.

LegalTrek
How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।। Introduction to Setalvad।। Benches and The Law Commission।।

Introduction to MC Setalvad

This is fourth post of the series 'LegalTrek'. The last post was about, Lucknow Bench - Historical Necessity and before talking about the views of MC Setalvad, the first Attorney General and the Chairman of the first Law Commission of Independent India about benches and Lucknow bench of the Allahabad High Court, I thought proper to write about my introduction to that great lawyer.
LegalTrek How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।। Introduction to Setalvad।।

Lucknow Bench - Historical Necessity

This is the third post of the series 'LegalTrek'. The last post was about, how Allahabad High Court was established and this post is about why there is a bench of the Allahabad High Court at Lucknow.

LegalTrek How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Historical Necessity।।

Allahabad High Court Is Born

This is second post of the series 'LegalTrek'. The last post was about, why I became a lawyer and this post is about how the Allahabad High Court  was established.

LegalTrek How I Became A Lawyer।। Allahabad High Court Is Born।। Lucknow Bench - Allahabad High Court।।



LegalTrek - How I Became A Lawyer

Allahabad High Court was established in 1866. This year is one hundred and fiftieth year of its existence. On this occasion Allahabad High Court has planned a year long activities. It kicks off today, among others, in the presence of the President and the Chief Justice of India.
On this occasion, I plan to write a series titled 'LegalTrek'; about the incidents and cases that in a way shaped the Court's as well as my life. Perhaps, this may be useful, instructive. However, in between the posts of the series, there would be other posts as well. 

This post is about, why I chose  the professional of law.

EUTHANASIA AND CONSCIENCE TO KEEP

Euthanasia, mercy killing, assisted suicide, physician aid in dying is debatable issue. Even if it is desired by the person concerned, it poses moral dilemma for those who have to take the decision. In our country, it is punishable and this question is referred to the constitutional bench in Common Cause vs Union of India 2014 SC (Supp) 1456 = 2014(5) SCC 338 after disagreeing with Aruna Ramachandra Shanbaug Vs Union 2011(4) SCC 454 = 2011 CrLJ (Supp) 301. The bench has sought the views of the government on the same. The following article considers the debate, moral dilemma, and law of the other nation in this regard. It also takes into account the latest decision of the Canadian Supreme Court in Carter Vs Canada upholding such right.