Common Law

Maintenance of peace and order is essential in any society for humans to live peacefully and without fear of injury to their lives, limbs and property. The chief concern of a criminal law is to protect and preserve certain fundamental social values and institutions, and for this, it prescribes a set of norms of human behaviour and forbids certain conducts; and prescribes punishments for the disregards of such norms and conducts. The Cheating is one of the most general forms of human element and behaviour. The offence of cheating contemplated u/ss 415 and 420 of IPC, 1860, ordinarily involves fraudulent representation (which includes concealment of material facts), followed by inducement to give away / part with the property / money, on the basis of said representation. The word property would include all things or any rights which can be measured in money terms, including the money itself. However, there may be an offence of cheating even in the absence of parting with of any...

If there is one thing which irritates  us  the most, is the tendency of Courts , whilst recording their Orders and decisions, against us, overlooking our most relevant facts and submissions. I am worried to find solution . Le t us first broadly look at the decision making process. Broadly, the decision making is a  process (excluding criminal trials)  wherein, having regard to the Reliefs claimed, the presiding Judge  – (a) examine s  the (legality) of facts alleged, (b) examine s  the (legality) of stand of the adversary, (c) examine s  the materials and the evidences which are placed before him in support of the facts alleged by both the sides; (d) would record his reasoned finding (prima facie or conclusive) as to the existence or the non existence of the facts alleged. The process of recording finding on facts is, testing the facts and evidences  at the touchstone of laws and precedents,  and drawing natural, lo...

It’s a Latin expression which means “the act of the Court shall prejudice no one”. The Courts act through their Orders. This expression is based on the elementary legal principle that Courts (including Tribunals) exists for dispensation of justice, and whenever it is brought to their knowledge that a party has suffered due to the “mistake” of the Court, the Courts should forthwith, after satisfying itself that it has committed a “mistake”, rectify the mistake by reviewing / recalling or rectifying its said Order. This expression is founded on the principle that a wrong order should not be perpetuated by keeping it alive and adhering to it. Justice is a virtue which transcends all barriers and the rules or procedures or technicalities of law cannot stand in the way of administration of justice. Law has to bend before justice. If the Court finds that the error pointed out was under a mistake and the earlier Judgment would not have been passed but for erroneous assumption, which ...

Jurisdictional errors Jurisdiction ordinarily signifies the competence of a court/ tribunals to entertain the dispute presented before it, and grant reliefs prayed / claimed for. However, the concept of jurisdiction is not confined in its application to Courts, but is also applied to every Statutory / Administrative or Constitutional body, and to every Public servant / instrumentality of the State, as contemplated under Article 12 of the Constitution. Jurisdiction implies the authority of the Court / Tribunals / statutory or administrative bodies, to “invoke” their powers, on a subject matter which comes before them, in the regular discharge of their duties, and take action or pass Orders in that behalf. The errors of Jurisdiction, or to say Jurisdictional error arises, broadly, for reasons of – (i) Want of Jurisdiction / without jurisdiction , that is to say, the Court/ Tribunals / statutory or administrative bodies did not had the powers to “enter upon” the subj...

I am talking about Protection of Women from Domestic Violence Act, 2005. Although, malice cannot be attributed towards the Legislature, nevertheless, it is an Act, the provisions of which grossly frustrate the most cherished personal liberty of men and women, is destroying the institution of family in our Country, apart from subjecting people of this country to one of the most irrational and unjust law. The Act sought to handover a potent weapon in the hands of an abusive litigant to intimidate and harass their family members, allows the litigant wife to lie with fluency and fervor, and legitimizes the gross misuse of the law. The whole procedure contemplated under the Act is designed in such a manner that would cause “undue” fatigue and oppression to the matrimonial family members of the Wife. There is an illogical consistency in the entire scheme of the Act, and the innocent family members may never recover from confusion. The serious anomalies in the Act begin from t...