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Articles by BAPOO M. MALCOLM

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Burking: When the Cops Fail the Public

  BAPOO M. MALCOLM   27 November 2015 at 13:36

Anyone who has had the misfortune of lodging a complaint with the police will tell you how difficult it is Burking, as a term, has a quaint and macabre origin. In 1828, a man of Irish origin killed 16 Scots in 10 months. An average of one every 18 da ..


Posted in Others  1 comments |   1232 Views


Discourse on Intercourse

  BAPOO M. MALCOLM   17 November 2015 at 16:00

The legal definition of rape has changed. Previously, rape was restricted to physical touching of the genitals; the expanded version includes mere non-consensual physical contact. The line between rape and molestation is being blurred. The Delhi High ..


Posted in Others  4 comments |   2541 Views


Will your 'will' be willed away?

  BAPOO M. MALCOLM   09 November 2015 at 10:41

Normally, the country where the Will is executed is the country the laws of which apply to the method of execution We have had multiple sessions on �Understanding Wills� at Moneylife Foundation; all rather entertaining and instructive for ..


Posted in Others  4 comments |   1721 Views


Give Us this Day Our Daily Bread

  BAPOO M. MALCOLM   10 October 2015 at 11:23

… And a sense of humour It is not usual for us to copy-paste from others’ work; but, this time, we make an exception. The language, used in the report, is so filled with beautiful phrases that it would be a shame to change it. This story ..


Posted in Others  2 comments |   1141 Views


Is Cheque Bouncing a Crime?

  BAPOO M. MALCOLM   23 September 2015 at 12:09

Can one pin-point an evil mind in all cases of cheque bouncing? There are two types of cases that come before our courts of justice. There are civil litigation cases and those that involve crimes. The trial courts are different for these two types of ..


Posted in Others  11 comments |   2768 Views


Late, Later, Late-est

  BAPOO M. MALCOLM   11 September 2015 at 14:55

The perils of delay in most judicial systems English is a funny language. The superlative for late, if such a word existed, would mean the newest, most recent. Semantics aside, we take on a matter that excites a lot of passion in court proceedings. T ..


Posted in Others  13 comments |   1394 Views


Monkey Business

  BAPOO M. MALCOLM   20 August 2015 at 12:03

Igatpuri nestles on the top of Thal Ghat, on the way from Mumbai to Nashik. Picturesque place, it has a �Forest�. Many gardens are larger. Yet, it is something, for the view of the valley below is breath-taking. At the entrance of the fo ..


Posted in Others  1 comments |   1313 Views


Is your opponent even alive?

  BAPOO M. MALCOLM   18 August 2015 at 12:16

A path-breaking judgement of Bombay Court can help all litigants on unending cases where they do not know if the opposite party is dead or alive Prof Kelwadi is an advocate. He teaches law. A good friend, he was the advocate mentioned in an earlier a ..


Posted in Others  7 comments |   1292 Views


When Good Samaritans Get Bad Luck

  BAPOO M. MALCOLM   17 August 2015 at 13:21

An obnoxious rule is corrected by a new law that should have come ages ago �Good Samaritan� is a biblical term. It has crept into common use and, for many, it means a person who helps others. But then, is a father, helping his child, a go ..


Posted in Others  17 comments |   1102 Views


For the Want of a Nail

  BAPOO M. MALCOLM   10 August 2015 at 11:02

An old poem and the law At school, we were taught a poem where a loose nail in a horse-shoe resulted in losing a kingdom. There is also a story of our ex-finance minister arguing in the Supreme Court over the meaning of a comma, or the lack thereof, ..


Posted in Others  4 comments |   1207 Views