Common Law

The   section-alization   of Injunctions of Law indicates that every Injunction of law has defined territory (four corners). Whereas every  section  deals with a specific kind of situation / issue, the said   Section-alization   also gives distinct identity to the concerned Injunction, to the exclusion of other Injunctions, notwithstanding the fact that Acts of Legislature are always considered as a “scheme”, and a   section  cannot be completely read in isolation with other Injunctions of the said Act, or other Acts. And when the Injunction has invariably consigned a definite territory, it hardly gives any discretion to the administering person, for, the mandate of Law is always couched in “COMMAND”; And I would go on to say that “Law” and “Discretion” are mutually inconsistent terms, for, if we have a mandate of law for a particular issue, one ceases to have any discretion, except to the extent, wherein t...

Litigations are all about bundle of Issues... 1.       Issues are crux of any litigation, and they arose in every litigation, be it Writs, Contempt Petitions, Arbitration Petitions, Criminal Petitions Consumer complaints, and so one, notwithstanding the Courts are not formally framing them. In C.V. Joshi versus Elphinstone Spinning Mills, reported in 2001 (Supp) Bom CR (2) 57, the Bombay high Court observed that even in execution proceedings, the issues comes into play, though it is not technically necessary to frame them. 2.       Issues are like asking or addressing the right question, for the court to deal with; addressing the principal contentions, if any, between the parties; and once that is done, the other supplementary issues, either don’t survive, or if survive, they may be addressed with greater clarity. 3.       As observed by the Apex Court in J.K. Iron & Steel Company Limited,...

Respected members of Campaign for Judicial Reforms & Accountability, With Sanskaar Channel, Ramdev Baba brought his concept of Yoga on International geography. Successfully. Shouldn’t we be doing it too. To spread legal awareness, to check Judicial misconduct and corruption. Please give a considered thought...... -- -- iN APPRECIATION, Sandeep Jalan Legal issues !! If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others . or If you are looking for draft of any legal proceeding; or if you want to know the nature and att...

Any grievance against the judicial officer / Judge / Magistrate, other than relating to merits of the case, may be recorded before the concerned High Court. Such grievances may include gross misbehavior or insulting behaviour; intimidation of any kind; inordinate delay in passing Order, etc. YOUR LETTER HEAD (Make necessary changes in the complaint / Notice, as may be required considering the circumstances of each case and statutory requirements, if any) Date: To, The Hon’ble the Chief Justice The Hon’ble  _______High Court, Subject: Please exercise Powers of Superintendence under Article 227 of Constitution of India. The Hon’ble the Chief Justice, 1.       Summarize the whole case in one Para. 2.       THE FACTS OF THE CASE: Instructions: a)      Any grievance against the judicial officer, other than relating to merits of the case, may be stated herein, which may inc...

To, Date: 16/06/2009 The Hon Chief Justice The Hon Bombay High Court, Regarding: In the exercise of Power of Superintendence over all Lower Courts and Tribunals under Article 227 of Constitution of India, Please introduce LITIGANTS’ DAY in MY HIGH COURT Hon Justice, THE POSITION IN LAW: (1) Supreme power of Superintendence of all Lower Courts and Tribunals is entrusted to all Judges of HC under Art.227 of Constitution of India. Superintendence ordinarily entails Authoritative control over the affairs of that by overseeing its operation and performance. (2) ARTICLE 141 OF CONSTITUTION OF INDIA: Hon Supreme Court in All India Judges Association wherein PETITIONER were ALL INDIA JUDGES' ASSOCIATION and RESPONDENT were UNION OF INDIA; DATE OF JUDGMENT 13/11/1991; BENCH: MISRA, RANGNATH (CJ) BENCH: MISRA, RANGNATH (CJ) AHMADI, A.M. (J) SAWANT, P.B. Chiefly outlined the Role and obligations of District judge and role and position of Trial Judge in admin...

To my little understanding and what i see and perceived of our present legal system, i am of strong view that most of cases whether appeals or fresh cases, that are filed in Lower Courts to Higher Courts..............lack substance ie, cases/appeals are filed to frustrate the innocent............ I have volunteered in State Information Commission, Mumbai for about 8 months to fashion measures for speedy disposal of second appeals and complaints that are filed. There we used to prepare scrutiny sheet of every appeal/complaint. Even very recently the SC has took judicial notice of the fact and warned High Courts to take care while admitting cases in appeals. http://www.igovernment.in/site/Keep-a-check-on-appeals-cases-SC-to-high-courts/ Also, just to say, i have come across a case in Bombay HC wherein the Petitioner has invoked Writ Jurisdiction ie. Original Jurisdiction of the Court of an purely, purely i repeat, appeal case and furthermore.................. High Court has even ...

In Litigations / proceedings involving / with Govt/any Public Authority, under Article 226 or 32 or 136 / Civil Suits / Tribunals / Commissions, non Compliance to Court Orders is a broad day light reality. Even courts have shown inability to monitor implementation of their Orders. In this background I write this blog. The Petitioner / Applicant / Plaintiffs may insert a clause in the Prayers- "The Respondent / Defendant 'State' shall file an Affidavit of Compliance with a copy being served to the Petitioners. The non filing of such Affidavit shall be deemed to have the construction of non-compliance to Court Orders, vulnerable to Contempt of the Court”. Alternatively or simultaneously, in cases of continuous mandamus / injunction, the Courts, while passing Orders, interim or final may direct- Respondent Govt/ Public Authority shall update their website about Court's directions so given and action taken in pursuant thereof; and as long as their website doesn't...