BAPOO M. MALCOLM

Articles by BAPOO M. MALCOLM


04 January 2019 at 17:40

Short circuits are not an act of god

  POSTED BY BAPOO M. MALCOLM

An Argument for Considering Culpable HomicideLast week saw more fires in Mumbai and elsewhere. The catch word, in all cases, was �Short Circuit�. But Short Circuits are not an ACT OF GOD. They are man-made, involving carelessness, neglige

  1 comments |   289 Views


07 September 2017 at 11:34

Judicial Vacations Are Necessary!

  POSTED BY BAPOO M. MALCOLM

Everyone has something to say about judicial holidays and vacations. Most do not know how courts work, but have an opinion. At one time, I, too, had unsound impressions. Some others may have never been inside a court. Many ask why courts should have

  2 comments |   239 Views


08 August 2017 at 12:55

Damages Claim: How Much Is Too Much?

  POSTED BY BAPOO M. MALCOLM

This is a tale of two servings. One denied, the other unwanted. Both problematic. Linda Atkins, a sales associate, got $277,565 (nearly Rs2 crore) in back pay and compensatory damages after being fired for drinking orange juice prior to paying the Rs

  0 comments |   251 Views


24 July 2017 at 12:15

Appeal Courts Are Being Burdened

  POSTED BY BAPOO M. MALCOLM

The Supreme Court had some statistics compiled last year. The results were not encouraging. Its raison d��tre was vitiated. It was simply not allowed to do its primary function, that of an appellate court. Like schools and colleges, court

  0 comments |   200 Views


10 July 2017 at 12:28

When divorce doth us part with the cash

  POSTED BY BAPOO M. MALCOLM

The miya-bibi takrar is a never ending serial, everywhere, all the time�from our plumber to Hollywood movie stars, from one-night stands to live-in relations, humble zoppadpattis to the palatial bungalows. But the bottom-line is invariably mone

  1 comments |   337 Views


24 June 2017 at 16:15

How To Deal with That Midnight Knock on the Door?

  POSTED BY BAPOO M. MALCOLM

Complaint 1: What can I do? Complaint 2: There is nothing I can do. Complaint 3: Nobody will help me. Complaint 4: It can go on and on. There is a way. In fact, there are lots of ways. In matters legal, one needs to understand that the law is there t

  4 comments |   460 Views


21 June 2017 at 16:16

Judiciary On Medication

  POSTED BY BAPOO M. MALCOLM

For Zoroastrians, the holiest of holies is Udvada, a village in south Gujarat. It is loaded, or at least it was, with priests. When, over a hundred years ago, the British insisted on everyone having a surname, those who had none chose either their pr

  0 comments |   181 Views


29 May 2017 at 12:43

Locus Standi, or, Is It Any of Your Business?

  POSTED BY BAPOO M. MALCOLM

Dad once told me a story, one of many that enriched me. Most were funny, in retrospect. This one was about a quarrelling couple in the station master�s railway compound at Grant Road, Mumbai, where Dad grew up.Floating groups gravitate to railw

  4 comments |   328 Views


23 May 2017 at 11:14

For a Comma, a Case Can Be Lost

  POSTED BY BAPOO M. MALCOLM

Judge David Barron had this to say. �For want of a comma, we have this case.� Language is the lawyer�s best weapon. It gets sharpened in the cut-and-thrust of intellectual battles in court. Those who shy away from the blood-letting,

  6 comments |   744 Views


18 May 2017 at 12:37

Why Lawyers Charge the Way They Do!

  POSTED BY BAPOO M. MALCOLM

We wrote about judges not necessarily knowing all the laws, and got quite a bit of flak. No matter. At least, we are being read. The third editorial in daily newspapers has, historically, been a tongue-in-cheek offering. While many a truth is hidden

  6 comments |   635 Views








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