Common Law

The principles enshrined under the expression “Equality before law”, employed in Article 14 of our Constitution, has its application in cases where the Law makers or the Executive govts, or the administrative authorities, in the exercise of their discretion and powers, makes any law or policy or takes any other decision, by which, benefits or privileges are conferred upon few persons only, to the exclusion of masses, or, where obligations are imposed upon a certain class of persons only, and not upon the masses; and the said discrimination which is being practiced has no rational or appreciable logic. This write up sought to unfold the attributes of classification principles. 1.       1.         In a democratic society governed by the rule of law, it is the duty of the State to do what is fair and   just to citizens and the State should not seek to defeat the legitimate claims of citizens. 2.       The Legislature, with some specific objects in mind to be achieved, ma

A broad approach to drafting of any Application / Petition / Complaint may be undertaken in three chronological “Heads” – 1.       Reliefs prayed for / claimed; 2.       Grounds for Reliefs prayed for / claimed; (both factual and legal); 3.       Narration of facts substantiating the said grounds. Further, there may be narration of such facts in the   beginning of the draft, which would lay foundation for “material facts of the case”. Materiality of facts would always mean those “facts which are very material to the relief claimed”. Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts or proposition of facts; and (b) other legal provisions which supports the reliefs prayed for / claimed. 1.       AND, in every case before the Court, it is of utmost importance to “fence the case” in four corners, i.e. to say, the controversy which is to be dwelled upon must be duly and clearly set out. In my limite