ARTICLES

31…. The precious right guaranteed by Article 21 of the Constitution of India cannot be denied to convicts, undertrials or other prisoners in custody, except according to procedure established by law. There is a great responsibility on the police or prison authorities to ensure that the citizen in its custody is not deprived of his right to life.

32. The citizen complaining of the infringement of the indefeasible right under Article 21 of the Constitution cannot be told that for the established violation of the fundamental right to life, he cannot get any relief under the public law by the courts exercising writ jurisdiction. The primary source of the public law proceedings stems from the prerogative writs and the courts have, therefore, to evolve ‘new tools’ to give relief in public law by moulding it according to the situation with a view to preserve and protect the Rule of Law.

“Whether the statutory bar contained in Section 35 of the Stamp Act, 1899 applicable to instruments chargeable to stamp duty under Section 3 read with the Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, unenforceable, or invalid, pending payment of stamp duty on the substantive contract/instrument?”  

The fundamental test to attract Section 10 is, whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit. Section 10 applies only in cases where the whole of the subject-matter in both the suits is identical. The key words in Section 10 are “the matter in issue is directly and substantially in issue” in the previous instituted suit. The words “directly and substantially in issue” are used in contradistinction to the words “incidentally or collaterally in issue”. Therefore, Section 10 would apply only if there is identity of the matter in issue in both the suits, meaning thereby, that the whole of the subject-matter in both the proceedings is identical.

An application under order 7 rule 11 under CPC is filed by the defendant in a suit for the dismissal of the suit. Order 7 rule 11 also envisage the grounds for the dismissal of the suit. The one who is filing such application before court has burden of proof to establish and substantiate such ground for dismissal.

The present blog will emphasise a very captivating issue concerning the remedy in case of rejection of plaint or dismissal of application. Filing advocates often make mistakes when availing the remedy against the order of the court adjudicating the application under order 7 rule 11. What will be the remedy to the aggrieved party whose plaint has been rejected under order 7 rule 11? What remedy is available in case where an application under order 7 rule 11 is dismissed? Whether an aggrieved party can file a revision petition under Article 227 of the constitution of India? Whether the writ maintainable against the order of rejection of the plaint?

It is not permissible to cull out a sentence or a passage and to read it out of the context in isolation. Although it is the substance and not merely the form that has to be looked into, the pleading has to be construed as it stands without addition or subtraction of words or change of its apparent grammatical sense….”

High court held that the trial court was not justified having allowed application for amendment under order 6 rule 17 while the relief for the rejection of plaint has been granted under order 7 rule 11 of CPC . Supreme court ratified the judgment of the High court and held that order of the trial court was not in consonance with law.

Power of supreme court and high court to invoke writ jurisdiction under article 32 and 226 respectively along with landmark judgments.

During the constituent assembly debate Dr. B. R. Ambedkar highlight that one particular of the constitution without which constitution will be nugatory is “Article 32 which is very soul and heart of constitution.

Introduction: Present work will emphasize on what is contract, its essentials and who are competent to contract. Contract is the …

Read more

The Judiciary has a principal and substantive function to implement the laws and administer justice which is done with aid of rules of interpretation of statute. A court while performing its function come to certain inferences and deliver verdicts, certainly, this is done by applying the laws which are enacted…..