Common Law

This Court is pained to observe the manner in which the Corporation functions and deals with individuals who are economically weak and not so literate, and who are unfortunately compelled to incur additional expense of obtaining Court Orders, only due to the careless manner in which the Corporation discharges its duties. This is “judicial notice / observation” of “matter of a common knowledge” of “ill treatment being meted out by officers of Mumbai Municipal Corporations to poor and illiterate section of the Society. [WP (L) No.3180 of 2019] The “Judicial notice of fact” implies that, a fact which is otherwise all pervasive yet elusive, attains the status of judicial recognition of its existence. A litigant who knocks the doors of Justice, are require to prove their Case, by leading evidence, to claim judgment in their favour. The Courts and the Judges too are anxious to hand out justice, in the very real sense of the term. Therefore, in the administration and dispensation of ju...

As the name would indicate, a Convenience Note is one that is tendered before Court in any judicial or quasi proceeding, which makes job of the presiding Judge, Convenient, in the dispensation of justice. The Hon’ble Apex Court, in a Criminal Appeal, arising out of an SLP (Criminal), in the Case of Kaushal Verma versus State of Chhatisgarh (Order dated 08.12.2020) had the occasion to whole heartedly praise the Standing Counsel for Chhatisgarh for tendering Synopsis of the Case in 2 pages “Convenience Note”, which gave snapshot of the entire Case, and assisted the Hon’ble Court in quickly appreciating the facts of the Case; and passing appropriate Order. The Hon’ble Court went on to direct the Registry that, “Note may be taken as the Standard Format by all the learned counsel appearing for various State Governments in this Court. The Registry may circulate copies of this Order to all the learned Standing Counsel for the States”. A Convenience Note is a Written Note of Argument which...