It is common knowledge that the Courts follow the binding dictum of a Higher Courts but it may happen that the case relied by the Court, on which the entire judgment has been founded, may subse...

Can a Non-Party Can Seek Review of Court Order?It is no longer Res Integra that a Non Party can seek Review of Court Order although he may not be a party to the Court proceedings if he is 'aggrie...

It is common knowledge that Judicial/ Administrative/Revenue Officers do not remain aloof from the public and seek/accept favour from them. The common favours include availing rent free accommo...

The number of cases filed under Negotiable Instruments Act, 1881 is increasing manifold as dishonour of cheques has become a very common feature. Over 33 lakh cases are pending in our Courts wh...

The Supreme Court is the highest court in our country and the orders passed by them are Final. These orders are not liable to any further scrutiny by any other Court and therefore there is no p...

The Constitution of India has given specific powers to the Legislature, Executive & Judiciary. All the three functionalities of the State are mandated to act in accordance with the powers g...

It is common knowledge that the Doctrine of Stare Decisis is adhered to & followed mandatorily to bring consistency, certainty & finality to judicial proceedings and therefore the prece...

The ratio decidendi is "the point in a case that determines the judgement" or "the principle that the case establishes". In other words, ratio decidendi is a legal rule deri...

Sub silentio is a legal Latin term meaning "under silence" or "in silence". It is often used as a reference to something that is implied but not expressly stated. A judgment...

The Doctrine of 'Per Incuriam'The maxim 'per incuriam' is derived from the latin expression which means 'through inadvertence'. Incuria means 'carelessness'. In practice, per incuriam appe...

Functus officio is a Latin maxim which means that the jurisdiction of the designated authority comes to an end once he has performed his functions for which he was appointed. It implies having ...

It is common knowledge that the Courts in their detailed judgments deal with complex facts and law. To arrive at the final order, the Courts discuss various arguments and try to justify the out...

It is common knowledge that often there are delays & latches when we approach the Constitutional Court for protection/violation of our Fundamental & Human Rights. The delay & latche...

India is a 'welfare state' wherein it is the duty of the state to look after the welfare of it's citizens. However, there are instances where the Government has taken over the land/ immovable p...

Before deliberating on the subject, it would be trite to refer to Section 161 of The Motor Vehicles Act, 1988 which reads as under: 161. Special provisions as to compensation in case of hit an...

There is a lot of misunderstanding regarding the applicability of the Doctrine of  Res Judicata in fresh proceedings, once the same matter has been decided earlier. Before deliberating ...

A company is not known just by it's name but by the financial strength of its management, the market reputation of the Chairman/Managing Director or the promoter group. When a bank sanctions lo...

Do Proceedings u/s 138 of NI Act abate when proceedings under Insolvency and Bankruptcy Code 2016 are set in motion? It is common notion that once a business entity applies for insolvency unde...

It is common knowledge that in the event of the death of one of the defendants, it is invariably pleaded that the suit has abated for non- impleadment of all the Legal Representatives. But the ...

Before deliberating on the subject, it would be trite to reproduce Section 279 of The Indian Penal Code, which reads thus: 279. Rash driving or riding on a public way: Whoever drives any vehi...

SC recent interpretation of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to send a wrong signal to society The Apex Court in a recent judgment in Sudes...

The authors are always skeptical and sometimes scared in writing against a judgment, wherein they do not agree with the outcome/reasoning of a judgment of the Higher Judiciary- the High Court o...

Order/Judgment/Decree obtained by fraud is a nullity in the eyes of law liable to be set aside by any Court It is common knowledge that litigants often misrepresent before the Court in order t...

The Maxim "Actus Curiae Neminem Gravabit" means that nobody should be allowed to suffer for the fault of the court. This is an important Latin Maxim of Equity, which has wide applicat...

It is common knowledge that there is a parallel finance market where cash funds are available for a fixed period at market rate of interest, which is invariably higher than the Bank Rates. The ...

It is common knowledge that the parties to a case, with the intervention of friends and well-wishers or based on legal advice, enter into a compromise with the aim to put an end to vexatious en...

It is common knowledge that plaintiffs, appellants, and petitioners apply for temporary/injunction/stay in courts but the courts are generally loathed in granting injunction although the law in...

It is common mistaken belief that Doctrine of Clean Hands is only applicable only to Writs under Article 226/227 of the Constitution in the High Court and Writs under Article 32 or SLP under Ar...

It is common knowledge that the landowners, whose lands are compulsorily acquired under the Land Acquisition Act 1894, are generally poor & illiterate and out of sheer ignorance & poor ...

Whenever there is loss of life or injury covered under the Motor Vehicles Act, 1988 and the Court makes an observation that it wishes to grant higher compensation to the claimant than the amoun...

Recently there was news of the alleged scam of unethically prescribing Dolo-650, an analgesic & antipyretic tablet widely used in Covid-19, which is another example of doctors trapping the ...

It is common knowledge that Residents Welfare Associations of the colonies generally do not permit the public/outsiders/non residents to use the parks of the colonies. There are  signboards by...

There were recent report in Hindustan Times on August 26 titled 'Kobe widow awarded dollar 16 million for invasion of privacy by publishing crash photos'. The brief facts are that basketball st...

The right to privacy is recognized as a basic human rights under Article 12 of the Universal Declaration of Human Rights Act, 1948, which reads thus: "No one shall be subjected to arbitrary i...

It is commonly believed that disobedience of order of the Court tantamount to Contempt of Court. In common parlance, this is probably the only connotation of 'Contempt of Court'. Contempt o...

Should Media report the oral observations made by the Court during hearing which do not form a part of the written judgment? Legal connotation of oral observations The observations of the va...

It is a common notion that Writs under Article 226 of the Constitution are not maintainable where an Alternative Statutory Remedy is available. Most of the writs are denied hearing/relief at th...

It is a common notion that Writ Petition under Article 226 of the Constitution is not maintainable against issuance of Show Cause Notice by any authority under any Law. The Courts are normally ...

Sometimes there are two plausible views possible on the conclusions that can be drawn from facts on the record and the High Court prefers to go by one of the views, for reasons appealing to it,...

It is common knowledge that there is VIP movement in almost all major cities, especially in capital cities. Whenever, the President, PM, Cabinet ministers, Governors, Chief Ministers, foreign d...

It is common knowledge that the Karta of an HUF often executes agreement/sale deed of an immovable property belonging to the HUF on the firm conviction that he is legally entitled to execute th...

It cannot be disputed that the Appellate Court has jurisdiction/power to reverse, affirm or modify the findings and the judgment of the Trial Court but while reversing or modifying the judgment...

Whenever a person is aggrieved by the order of the High Court, there is always an option to file a SLP under Article 136 of the Constitution in the Apex Court for due redressal. The success rat...

When a litigant loses his appeal/revision in the High Court, there are two options available. He can either file a Special Leave Petition (SLP) before the Supreme Court to assail the judgement ...

The Apex Court is Supreme but not infallible. It is likely that some error may creep in their judgment due to non-consideration of a statutory provision or a 'precedent' or misinterpretation of...

There is no time-frame provided under our Constitution within which a Writ Petition ought to be filed in the High Court from the arising of the cause of action. This becomes all the more import...

It is often seen that petitioners file Writ Petitions in the High Court but do not come with clean hands and suppress material facts in their Petition. The Courts have univocally held that supp...

Every Citizen of our country is bound by the orders of the Hon'ble Courts and no one, howsoever powerful, dare disobey the binding and final orders of the Court else he has to face the ire of t...

The Bombay High Court in the case of Archana Deepak Jatkar v. State of Maharashtra in Anticipatory Bail Application No. 591 of 2021 decided on March 3, 2021 expressed shock that ...

It is common knowledge that in order to put undue pressure on the Respondents, the Plaintiffs often resort to Criminal Proceedings along with Civil Remedies. The Apex Court recently on 19-03-20...

Katyayana defined the virtues of a good Judge as one who is not cruel, who is sweet-tempered, kind, clever and energetic but not greedy. A Judge should exhibit the proper judicial temperam...

The Judicial system of our country is plagued with insurmountable pendency in the subordinate judiciary with more than 3.5 crore cases pending. The High Courts are also clogged with more than 5...

The Allahabad High Court recently in Writ - A No. 71464 of 2010 & 52191 of 2011 in the case of Km. Anshu Jain And Others Vs. Suresh Prakash Garg And Others decided the issue whether validit...

It is undisputed that Cut, Copy & Paste is a laudable method for reducing transcription errors in copying written arguments, citations and quotations in the judgments of the Courts. How...

It is common knowledge that all consumers have maximum faith in Banks when they park their hard earned money in the Bank Accounts/ Fixed Deposits or their jewellery, cash & valuables in Ban...

Cases of sexual harassment at workplace have become rampant in our Country. But when a lady IPS officer or a lady Judge complains of sexual abuse at the hands of Powerful 'Senior', it is not on...

An issue of a paramount importance arose before the Madras High Court in Writ Petition No.2721 of 2017 in the case of Tamil Selvi Vs. The State of Tamil Nadu & others whether the State is l...

Humanity's true moral test, its fundamental test consists of its attitude towards those who are at its mercy: animals said humanist & writer Milan Kundera. Noted Physicist & thinker Alb...

Advocates are a Noble profession and held in high esteem in the society. They are the harbingers of Law burdened with the responsibility of the enforcement of the Constitution. Their role in es...

It is common knowledge that whenever a landlord moves in the Court for ejection of a tenant, on the ground of ' Personal Need', the tenant invariably takes a plea that the landlord already has ...

The citizens are becoming aware of their rights and whenever they feel that government policies and decisions are hampering the common good or there is gross abuse and violation of human rights...

The Madras High Court in the case of M.Jaishankar Vs. M/s.Sree Gokulam Chits and Finance Corporation Private Limited[1], decided recently on 04 December 2020, has answered the question as to w...

Every prudent citizen of our country is unable to understand the rationale behind the different permissible age of marriage of a boy and a girl under the prevalent law. When it is admission to ...

People have a misconception that ownership of an agricultural land or an immovable property is witnessed by the relevant entry in the revenue or the municipal records. It is true that mutation ...

The Apex Court in the case of The State Of Uttarakhand vs Sureshwati in Civil Appeal no. 142 of 2021 decided recently on 20 January has categorically held that the dismissal of an emp...

Allahabad High Court imposes Exemplary Cost for wastage of precious time of the Court & Abuse of the Process of Law for frequently filing Writ Petitions agitating the same Cause of Action ...

The Apex Court recently on January 22 in 2 SLPs (Civil) bearing Diary No. 25743/2020 in State of Uttar Pradesh & Ors. vs. Sabha Narain & Ors & SLP (CIVIL) Diary No. 11989/2020 in th...

The new Judges in the subordinate Judiciary often make mistakes which are detrimental to the fate of the litigants. Their error in procedure and findings make their orders unsustainable and res...

The District Judge of any District is the highest judicial officer of the district and scores of ADJs, Civil Judges and Judicial Magistrates work under him and are subordinate to him. He has va...

The Apex Court in a Landmark Judgment dated September 11, 2020 in National Co-operative Development Corporation versus Commissioner of Income Tax, Delhi-V has held the Government is the biggest...

India ranks second in the most populated countries of the world but as far as the number of litigations and litigants are concerned, we are undoubtedly the World Leaders. It is indeed a cause o...

The Apex Court in the case of�Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs�decided on July 9,2020 has�categorically held that non-payment of a part of sale consideration does not...