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The doctrine of "alternate remedy" was originally conceived as a rule of self-imposed restraint by the High Courts to ensure that specialized tribunals are not bypassed. However, in recent years, this procedural hurdle has often been weaponized in a manner that defeats the very essence of justice – speedy redressal. A particularly troubling trend has emerged where High Courts admit Writ Petitions, keep them pending for nearly a decade, and then, at the final hearing stage, re

The Prevention of Money Laundering Act, 2002 (PMLA), while aimed at a laudable global objective, often operates with a draconian character that can inadvertently victimize innocent third parties. These "Victims of Crime" include not only those targeted by predicate offenses but also bona fide co-owners and residents whose lives are upended by summary property attachments. The "Victim Paradox" and the Kamarunisa Precedent A significant lacuna in the PMLA is its potential to

On August 24, 2018, the Supreme Court of India dismissed a Public Interest Litigation (PIL) filed by Rizwan Mohammad Kasim Khan, which sought to halt the unauthorized and dangerous practice of reprocessing and reusing medical devices marked as “Single Use Devices” (SUDs). Despite the petitioner presenting evidence of grave health risks and blatant violations of the Drugs and Cosmetics Act, 1940, the Court stated it was “not inclined to interfere” in the matter. During the pro

The arguments by Counsel for the parties were tedious as usual and needlessly long. The Judges although itching to curtail the arguments, refrained from their otherwise usual interjections and caustic barbs, so as to not offend the Counsel who were designated seniors and risk bad reviews. The central court room, known as the principal court or Chief’s Court was packed like sardines, with lawyers and commoners. Maybe the matter in hand or another matter waiting its turn was of

The walk home from Churchgate, past the deftly fenced figures of Sir Dinshaw Edulji Wacha, Mahadev Govind Ranade and Sir Jamsetjee Jeejeebhoy, round the bend at oval ground nearer the Bombay High Court, where the bus stands stood, with the eerie stridulation of crickets and croaking of frogs in the backdrop, always sent tingles of fear through his mind. With traffic - otherwise at day-time consistently regular and heavy - lessened to a few whizzing cars and even a stray pedes

It all began with a faint odor, barely noticeable, except to those few with keen and peculiar olfactory senses and the ones, especially of foreign lineage, with aquiline noses and enlarged nostrils, arched up or curiously angled to take larger quantities of air. It swarmed around certain parts of the building and stairwell, swirled around and sailed with the gentle breeze blowing softly through its corridors, in a spirit, its own. The distinct putrid smell, was mistaken by so

The animals were trapped, until whisked away perforce or death did them in. When they could leave gracefully to more conducive environments, through its many open gates anytime, or simply fly or slither away, crawl or burrow out, as is wont of them, it would strike any as absurd, that they’d chosen to hover around and remain within the confines of a building and its complex, thronged by humans of all hues, different character and proclivities, during the day and suddenly empt

Exploring gaps and possibilities in our justice system Equity aids the vigilant, not those who slumber on their rights. This principle of law has been a life jacket to many land grabbers and the like, who would’ve otherwise been subject to eviction. The legal maxim, “ignorance of law is no excuse”, dictates all be deemed aware of various enactments, in the thousands, especially the statute of limitation, which prescribes time limits for instituting suits, as also countless ju

When regulators too need regulation The logistics sector in India is valued upwards of US$ 100 billion. The private courier industry is indubitably one of the fastest growing service sectors in the country, consistently growing at an estimated rate of about 25% per year. On account of sections 4 and 5 of the Indian Post Office Act, 1898, private couriers were expressly forbidden to collect, carry, tender or deliver letters, or to receive letters for the purpose of carrying or

Why the law should step in for human rights The dismissal of Public Interest Litigation (PIL) No.28 of 2019 by the Bombay High Court represents a missed opportunity for the Indian judiciary to bridge a lethal gap in the nation’s healthcare system. While the court in its judgment focused heavily on the academic "domain expertise" of the petitioner, it leaves thousands of newborns vulnerable to preventable, permanent brain damage and death caused by Inborn Errors of Metabolism

A case study in judicial oversight The judgment of the Bombay High Court in The Himalayan Club vs. Kanwar B. Singh And Ors. represents a significant procedural oversight, by failing to adhere to the legal principles established in its own earlier precedent, Shri Akola Gujrati Samaj Vs. Akola Municipal Corporation. By entertaining and allowing an Appeal from Order (AO) against a trial court’s decision to return a plaint for lack of subject-matter jurisdiction, the Court bypass