“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”"I am an Advocate, not an Academician. The practical impact of a Judgment interests me. Subramanian Swamy v. Union of India, [Writ Petition (Criminal) No. 184 of 2014] pronounced recently, is a significant weapon in my hand. Explanation 1 to Section 499 of The Indian Penal Code, 1860 reads as, “It may amount to defamation to […]
Read more "Section 499, Indian Penal Code II"“Since the inception of mankind, many lacs have suffered from different types of physical handicaps (today about 600 million people suffer from such handicaps). But, many of them overcame all kinds of handicaps and achieved distinctions in various fields. Sarah Bernhardt – French actress was disabled by a knee injury. Her leg was amputated in […]
Read more "Able Disable All People Together I"“The entire basis of this Doctrine of Promissory Estoppel has been well put in a Judgment of Australian High Court reported in Commonwealth of Australia v. Verwayen, 170 C.L.R. 394, by Deane, J. The statement, based on various earlier English authorities, correctly encapsulates the law of Promissory Estoppel with one difference under our law – […]
Read more "Promissory Estoppel IV"“Under Article 19(6) of The Constitution, the State has to conform to two separate and independent tests if it is to pass constitutional muster – the restriction on the fundamental right must first be a reasonable restriction, and secondly, it should also be in the interest of the general public. Perhaps the best exposition of […]
Read more "Reasonable Restriction I"Any attempt at interpretation of a long line of cases proves to be tiresome. Modern Dental College and Research Centre v. State of Madhya Pradesh, [Civil Appeal No. 4060 of 2009], delivered on 02.05.2016, provides a brave summary. Accept it with abundant caution. 5 Judges have no jurisdiction to interpret 7 or 11 erstwhile Lords. The […]
Read more "Look, T.M.A. Pai Again"One of the examples cited as an abuse of the process of Court is re-litigation. It is contrary to justice and public policy for a party to re-litigate the same issue which has already been tried and decided earlier against him. Recently, Messer Holdings Ltd. v. Shyam Madanmohan Ruia, [Special Leave Petition (Civil) 33429 of […]
Read more "75 LAKHS FOR NALSA"
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