“The expression ‘legal proceeding’ has been the subject matter of consideration in the Federal Court decision in Governor-General in Council v. Shiromani Sugar Mills Ltd., AIR 1946 FC 16. In that decision Section 171 of The Indian Companies Act, 1913 came up for consideration. “When a winding-up order has been made or a Provisional Liquidator […]
Read more "Legal Proceeding"Throughout the history of the use of the term in Latin, ‘prima facie’ meant only the most cursory, initial impression. It retained that meaning upon its adoption into colloquial English. The term ‘prima facie’ is used in the law both as an adjective and as an adverb. Common Law Courts which developed the judicial meaning […]
Read more "Prima Facie"Yatin Narendra Oza is as an outspoken Senior Advocate. He was designated at 39. He has served as President of Gujarat High Court Advocates Association 16 times. YNO, while contemptuously alleging that 2 judges had proximity to the Prime Minister, was “under the impression that he was making a genuine effort to protect the interest […]
Read more "Indubitably, Yatin Narendra Oza"“The principle of ‘ex debito justitiae’ has been elaborately dealt with in the concurring Judgment of Umesh C. Banerjee J in Rupa Ashok Hurra, (2002) 4 SCC 388, Paragraph 69. The principle is founded on a recognition of a debt that justice delivery system owes to a litigant to correct an error in a judicial […]
Read more "Ex Debito Justitiae I"As the governing hands of Kerala have changed, so have its stands on the Sabarimala Controversy. This has attracted widespread reportage. An inspired Dr. Abhishek Manu Singhvi, Senior Advocate argued recently, a State Government cannot be allowed to change its stand before SC in proceedings borne out of Article 136, at time of arguments especially, […]
Read more "রাজ্য সরকারের মতামত পরিবর্তন"Manoj Kumar Sharma, serving in the Indian Air Force at the relevant time, got married to one Nandini on 27.04.1999. On 20.09.1999, Nandini Sharma committed suicide at her matrimonial home. Ambala Police closed the case after fulfilling the requirements of Section 174 of The Code of Criminal Procedure, 1973 holding, there was no foul play […]
Read more "First Information Report I"“We think it profitable to examine the scheme of Order 6, Rule 16: “16. Striking out pleadings – Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading – (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to prejudice, […]
Read more "Order 6, Rule 16 of The Code of Civil Procedure, 1908"Every criminal trial is a voyage of discovery in which truth is the quest. It is the duty of a Presiding Judge to explore every avenue open to him in order to discover the truth and to advance the cause of justice. Presiding Judge must cease to be a spectator and a mere recording machine. […]
Read more "Section 311 of The Code of Criminal Procedure, 1973 I"My Lord, Is a Tribunal, whose Order is challenged under Articles 226, 227 of The Constitution, a Necessary Party? The issue has been considered in Jogendrasinhji, (2015) 9 SCC 1. It holds, Tribunals, who in law are entitled to defend Orders passed by them, are Necessary Parties and if they are not arrayed as Parties, […]
Read more "Writ Against Order of Tribunals I"Enviro Legal Action v. Union of India, (2011) 8 SCC 161 elaborated scope of Article 137. Kamlesh Verma v. Mayawati, (2013) 8 SCC 320 further held as under: (A) Review Maintainability: Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge or could not be produced; […]
Read more "The Nature of Judicial Power: Powers of Review of Supreme Court I"“In K.K. Velusamy, (2011) 11 SCC 275 while dealing with the power of Court under Order 18, Rule 17 this Court held that :- “Order 18, Rule 17 of the Code enables Court, at any stage of a suit, to recall any witness who has been examined (subject to the law of evidence for the […]
Read more "Order 18, Rule 17 of The Code of Civil Procedure, 1908"Respondent entered into a contract for construction of a commercial complex. Certain disputes arose. Sole Arbitrator passed an Award on 11.11.2010. Both parties appeared before Arbitrator. Arbitrator did not find any justification to allow any claim of Respondent-Contractor. Respondent believed he could take a somersault. It propelled him to file an application under Section 11 […]
Read more "The Plea of Limitation VII: Section 14 of The Limitation Act, 1963"My Lord, Independent of the provisions contained in Codes of Civil and Criminal Procedure is there a source of power which the Supreme Court can invoke for directing transfer of a case from or to the State of Jammu and Kashmir? Yes. “The fact that there is no such enabling provision for transfer from or […]
Read more "The Real Apprehension in Transferring Cases II"“Principles of Natural Justice, it is well settled, are not codified rules of procedure. Courts have repeatedly declined to lay down in a strait jacket, their scope and extent. The extent, the manner and the application of these Principles depends so much on the nature of jurisdiction exercised by Court or Tribunal, the nature of […]
Read more "Principles of Natural Justice II"My Lord, Why is Supreme Court not a Constitutional Court? Relying upon Vidhi Centre for Legal Policy, Mr. Venugopal established, Supreme Court had strayed from its original character as a Constitutional Court and gradually converted itself into a mere Court of Appeal to correct every error it found in decisions of 24 High Courts and […]
Read more "Referred to Larger Bench X: Vidhi Centre for Legal Policy"My Lord, Is the ‘Internal Disturbance’ in Manipur equivalent to a ‘War’? “In support of his contention that a war-like situation was and is prevailing in Manipur, Learned Attorney General submitted that, under Section 121 of IPC, ‘war’ is not necessarily conventional warfare between two nations and even organizing and joining an insurrection against Government […]
Read more "Internal Disturbance I"“Under Section 24A of The Advocates Act, 1961 a person convicted of even a most heinous offence is eligible to be enrolled as an Advocate after expiry of 2 years from expiry of his sentence. This aspect needs urgent attention of all concerned. Apart from the above, we do not find any reason to hold, […]
Read more "Section 24A of The Advocates Act, 1961"“On February 1, 2011 when Himgiri Express left Shahjahanpur Railway Station with hundreds of men on roof top and headed towards Rosa town, an accident took place at Hathaurda Railway Over Bridge near Mohammadabad. The Railway Over Bridge was not tall enough and the gap between the roof of the coach and the bottom of […]
Read more "Compensatory Jurisprudence of Constitutional Courts III: Himgiri Express"“It is not open either to parties to a lis or to any third parties, to determine at their own, that an Order passed by a Court is valid or void. A party to the lis or a third party, who considers an Order passed by a Court as void or non est, must approach […]
Read more "Setting Aside Orders"“There is a tide in the affairs of men, which taken at the flood, leads on to fortune. Omitted, all the voyage of their life is bound in shallows and in miseries. On such a full sea are we now afloat. And we must take the current when it serves, or lose our ventures.” Legal Eagles traces the journey of […]
Read more "A Review of “Legal Eagles”"
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