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Articles by BAPOO M. MALCOLM

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On Malice in Prosecution

  BAPOO M. MALCOLM   11 May 2020 at 13:01

Malice in Prosecution; Trials-Malic in Prosecution; Malice in Prosecution-Implementation of Constitution ..

Posted in Others |   307 Views

Short circuits are not an act of god

  BAPOO M. MALCOLM   04 January 2019 at 17:40

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 ..

Posted in Others  1 comments |   557 Views

Judicial Vacations Are Necessary!

  BAPOO M. MALCOLM   07 September 2017 at 11:34

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 ..

Posted in Others  1 comments |   392 Views

Damages Claim: How Much Is Too Much?

  BAPOO M. MALCOLM   08 August 2017 at 12:55

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 ..

Posted in Others |   443 Views

Appeal Courts Are Being Burdened

  BAPOO M. MALCOLM   24 July 2017 at 12:15

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 ..

Posted in Others |   434 Views

When divorce doth us part with the cash

  BAPOO M. MALCOLM   10 July 2017 at 12:28

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 ..

Posted in Others  1 comments |   541 Views

How To Deal with That Midnight Knock on the Door?

  BAPOO M. MALCOLM   24 June 2017 at 16:15

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 ..

Posted in Others  4 comments |   703 Views

Judiciary On Medication

  BAPOO M. MALCOLM   21 June 2017 at 16:16

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 ..

Posted in Others |   343 Views

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

  BAPOO M. MALCOLM   29 May 2017 at 12:43

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 ..

Posted in Others  7 comments |   529 Views

For a Comma, a Case Can Be Lost

  BAPOO M. MALCOLM   23 May 2017 at 11:14

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, ..

Posted in Others  5 comments |   1090 Views