The doctrine of laches is based on the Latin maxim "Vigilantibus Et Non Dormientibus Jura Subveniunt" which means that the law assists only those who are vigilant, and not those who sleep over ...

The Law of the Land mandates that the State cannot forcibly dispossess a Person from his Property without Payment of Compensation and without the due process of law. In spite of the Constitutio...

It is common that cheques are sometimes bounced as the Bank on which the cheque has been drawn has merged with some other bank and the cheque of the merged bank ceases to be a legal tender. A q...

The Apex Court in Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra) (D) Thr Lrs (2020) 7 SCC 366 pronounced a landmark judgment on issues surrounding the cancellation of a sale deed, fraud, and...

Sometimes, we come across sale deeds which are executed in respect of immovable properties without any consideration. A Question arises whether such a sale deed is legally valid & tenable. ...

It is common knowledge that sometimes the Government officials deliberately do not follow the directions of the High Courts or purposely do not furnish the requisite details as ordered by the H...

It is common knowledge that even after the hearing/arguments are completed, the Courts do not pass the judgment/order within a reasonable time frame. As a result thereof the confidence of the l...

It is common knowledge that unused stamp papers are valid indefinitely as there is no specific mandate in the Indian Stamp Act, 1899 invalidating the unused stamp papers. However, the State of ...

It is common knowledge that the purchasers purchase stamp papers from the Government Treasury/duly authorised agents/stamp vendors or obtain e-stamp paper online for the purpose of execution of...

The Courts have ruled that the application for condonation of delay has to be heard and decided as a preliminary issue and only when the delay has been condoned the Courts can proceed further w...

It is common knowledge that the appeals/revisions are sometimes filed beyond the statutory timeline and the memo of appeal/revision is accompanied by application for condonation of delay. The C...

It is common knowledge that complaints, suits, appeals, revisions & other modes of redressal filed before Courts/ Authorities are filed beyond the statutory timelines and due to inadvertenc...

Amendment of Plaint Legally Permissible At Any Stage of The SuitIt is settled law that amendment of a plaint can be made at any stage of a suit. The Apex Court in a catena of judgments have categ...

Sublato Fundamento Cadit Opus is a Latin legal maxim which means The foundation being removed, the structure falls.According to Oxford Reference Sublato fundamento, cadit opus means that "...

It is common knowledge that the Authorities often travel beyond the scope of the Show Cause Notice in Administrative/ Quasi-Judicial proceedings. The Courts have categorically held that such or...

It is common knowledge that employees are dismissed from service or strict punitive action is taken against them on the basis of Enquiry Reports, which the hapless employees are never confronte...

The Apex Court recently in the case of Rakesh Ranjan Shrivastava vs The State of Jharkhand & Anr in Criminal Appeal No. 741 of 2024 decided on March 15, 2024 dealt with the issue whether gra...

It is common knowledge that the complainants, in undue hurry, file the criminal complaint in the Court u/s 138 of the Negotiable Instruments Act, 1881 before the expiry of the mandatory period ...

Is a Complaint on the basis of a second or successive Statutory Notice u/s 138 NI Act, issued after Re-Presentation of a dishonoured cheque, maintainable? A primary/jurisdictional objection in...

Dishonour of cheque, for reasons enumerated in Section 138 of the Negotiable Act, 1881, attracts criminal proceedings under the NI Act and the drawer/accused can be punished with imprisonment f...

Can a Person be prosecuted under both Section 420 of IPC & Section 138 of NI Act? If a cheque is dishonoured, the alternatives available with the drawee is to either file a civil suit or t...

There is common misconception as to whether a 'Post-dated cheque' is a cheque in the eyes of law particularly under the NI Act and if a postdated cheque is legally not a cheque then when does i...

It is a common defence of the accused, in complaints filed u/s 138 of the Negotiable Instruments Act, 1881, that signed blank cheques of the drawer have been misused by the complainant and to b...

It is common knowledge that sometimes cheques are dishonoured by the Bank with the remark "Account Closed". The drawer/accused plead in the Court that the dishonour of cheque for the ...

The Apex Court in Sadanandan Bhadran v. Madhavan Sunil Kumar (1998) 6 SCC 514 categorically held that the complaint filed on the basis of the second dishonour of a cheque after the payee of the...

It is common knowledge that cheques are dishonoured mostly for Insufficiency of funds or for the reason that the same exceeds arrangements but there are also several other reasons for dishonour...

In the changed Social & Economic Scenario does Wife's demand for a separate residence amount to an act of mental cruelty? It is common knowledge that women are no longer illiterate and are...

Allegans Contraria Non-Est Audiendus Allegans Contraria Non-Est Audiendus is a Latin Maxim which in simple words means that a person making contradictory allegations ought not be heard. This is ...

The Doctrine of De Minimis Non Curat Lex implies that the law does not concern itself with trifles. The Latin word 'De minimis' means 'about minimal things' and the maxim means that "law is not...

The doctrine of 'Lex non Cogit ad impossibilia' is an age-old maxim used globally as a measure of defense in various legal matters. The Doctrine of 'Impossibility' has wide application and the...

Review of an order of a Court lies under S. 114 of CPC. The said Section 114 CPC is reproduced as under: Section 114. Review: Subject as aforesaid, any person considering himself aggrieved: ...

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 ...

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...