The Nature of Judicial Power: Hon’ble Justice B.V. Nagarathna

Tirath Ram Rajindra Nath, Lucknow v. State of U.P., AIR 1973 SC 405 held, there is a distinction between encroachment on judicial power and nullification of effect of a judicial decision by changing law retrospectively. The former is outside competence of Legislature. The latter is within its permissible limits. It would be permissible for Legislature […]

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Public Document

Saurav Das has prayed States to enable free public access to a Charge Sheet, filed as per Section 173 of The Code of Criminal Procedure, 1973, in furtherance of rationale as established in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473. Reliance on Youth Bar Association of India; Sections 74 […]

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Unchartered Ocean of Policy Decision V / The Demonetization Recommendation

Shri P. Chidambaram submits, result of demonetization was disastrous. But, if Notification No. 3407(E) [08.11.2016] had a nexus with objectives to be achieved, Notification No. 3407(E) [08.11.2016] would not be bad in law merely because some citizens suffered through hardships. It will not be proper for Court to enter into an area which should be […]

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Ethnic

Mumbai witnessed mob frenzy, violence, communal tension and riots from 06.12.1992 to 10.12.1992 and from 06.01.1993 to 20.01.1993. When citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts on 12.03.1993.   The meaning of ‘ethnic’ according to Merriam­-Webster Dictionary is, “of or relating to large groups of people […]

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Ex Debito Justitiae II

The principle of ‘ex debito justitiae‘ has been emphasized. No man should suffer because of mistakes of Court. To err is human and Courts including Apex Court are no exception. It has been held, rules of procedure are handmaidens of justice and not mistresses of justice. The principle of ‘ex debito justitiae‘ cannot be given […]

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Exhumation

15.11.2021 There was an encounter between Militants and Police at Hyderpora area of Budgam in Kashmir. Four Militants were shot dead including Amir Latief Magrey, son of Mohammad Latief Magrey. Ultimately, the body was buried at Wadder Payeen Graveyard. Hon’ble Justice Sanjeev Kumar, High Court of Jammu & Kashmir & Ladakh, 27.05.2022: When dead bodies […]

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Writ Against Termination of Service by Private Bodies

St. Mary’s Education Society, registered under The Madhya Pradesh Society Registrikaran Adhiniyam, 1973, runs St. Mary’s Higher Secondary School in Mhow, Indore, Madhya Pradesh. St. Mary’s Education Society and St. Mary’s Higher Secondary School are absolutely private institutions, without any aid or control of Government or any instrumentality of Government, and therefore, not a ‘State’ […]

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The Writ of Mandamus III

It is clear, a Writ of Mandamus or a direction in the nature of a Writ of Mandamus is not to be withheld, in exercise of powers of Article 226, on any technicalities. This is subject only to indispensable requirements being fulfilled. There must be a public duty. While the duty may, indeed, arise form […]

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First Information Report III

It has been submitted, in exercise of jurisdiction under Article 32, Court should quash the FIRs since none of Zubair’s tweets provokes hatred towards any community or is derogatory to any religion or a religious denomination. _____ We find no reason or justification for deprivation of Zubair’s liberty to persist any further. Overlap in FIRs, […]

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The Writ of Habeas Corpus

Writ of Habeas Corpus has always been given due signification as an effective method to ensure release of those detained in prison. It’s a swift and imperative remedy in all cases of illegal restraint or confinement [Secretary of State for Home Affairs v. O’Brien, (1923) AC 603]. It has through ages been ‘jealously maintained’ by […]

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5 Lakhs for Supreme Court II

Himanshu Kumar claims to be running an NGO: Vanvasi Chetna Ashram. Himanshu’s Writ Petition relates to an alleged massacre on 17th September, 2009 and 1st October, 2009 in Gachhanpalli, Gompad and Belpocha situated in District of Dantewada, State of Chhattisgarh. An aggrieved person can only claim, offence he alleges be investigated properly. But, he has […]

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Res Ipsa Loquitur I

The maxim ‘res ipsa loquitur’ is resorted to when an accident is shown to have occurred and cause of accident is primarily within knowledge of Defendant. The cause of accident being unknown does not prevent Plaintiff from recovering damages, if proper inference to be drawn from circumstances which are known is: it was caused by […]

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Promissory Estoppel VIII

State of Jharkhand v. Brahmputra Metallics Ltd., Ranchi, 2020 SCC OnLine SC 968 observed, Doctrine of Legitimate Expectation, a public law concept, is premised on principles of fairness and non-arbitrariness in State action. Doctrine of Legitimate Expectation emerges as a facet of Article 14. Promissory Estoppel, being a private law concept, can be invoked if […]

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The Writ of Quo Warranto II

When a Writ of Quo Warranto will lie has been dealt with by this Court in Rajesh Awasthi v. Nand Lal Jaiswal, (2013) 1 SCC 501. Retd. Armed Forces Medical Association v. Union of India, (2006) 11 SCC 731 observed, strict rules of locus standi are relaxed to some extent in Quo Warranto proceedings. A […]

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