Law and Justice
1 Legal Principle - Truth the foundation of Justice:
2 Legal Principle - Complete Justice - Exercise of Powers under Article 142 of Constitution of India by Hon’ble Apex Court:
3 Legal Principle - The general inherent powers of the Court to do Justice:
4 Legal Principle - Power of Judiciary lies in the trust, confidence and faith of the common man:
5 Legal Principle - Justice - foundation for social security, general happiness:
6 Legal Principle - Attribution of knowledge of Law to any Person:
7 Legal Principle - No attribution of knowledge of Law to a Person:
8 Legal Principle - A Party cannot be rendered remediless – the technicalities of law cannot defeat substantive justice:
9 Legal Principle - A Party cannot be rendered remediless – Cases in which the High Court relegates the Writ Petitioner to avail Civil remedy of filing Suit – Plea of Limitation:
10 Legal Principle - Right to adjudication of rights by a forum which exercises judicial power in an impartial and independent manner, consistent with the recognized principles of adjudication:
11 Legal Principle - A Party cannot be compelled to give Undertaking to pay damages for potential unsuccessful Litigation:
12 Legal Principle - Judicial review and judicial access are part of the basic structure of the Constitution:
13 Legal Principle – Challenge to Constitutionality of Law - Divesting Courts of their Judicial function amounts to denial to have rights adjudicated by Courts – doctrine of separation of powers:
14 Legal Principle – Sitting of Tribunal at distant place, far away from the litigant may render the remedy inefficacious - access to Court of Law must be meaningful:
15 Legal Principle – The Law cannot imposes onerous condition thereby potentially depriving a person to have access to courts to seek enforcement of his rights / seek justice:
16 Legal Principle – Challenge to Constitutionality of Law at the Altar of Independence of Judiciary:
17 Legal Principle – Mere technicality cannot prevent a Court from recalling its Order passed under a mistake or it would not have exercised jurisdiction but for erroneous assumption of its existence:
18 Legal Principle - Justice should not only be done, should manifestly and undoubtedly be seen to be done – floodgate theory – opening of Pandora box of litigation:
19 Legal Principle - Rights of the parties - Determination thereof - The rights existing on the date of the institution of the Suit or proceedings – taking note of subsequent events:
20 Legal Principle - Institution of Both Civil and Criminal proceedings - Maintainable:
21 Legal Principle - Institution of Both Civil and Criminal proceedings - Civil Proceedings cannot be stayed merely because of pendency of Criminal proceedings:
22 Legal Principle - Institution of Both Civil and Criminal proceedings - Civil Proceedings can be stayed in a peculiar facts of the Case:
23 Legal Principle - Failed to prove claim or allegation in the trial does not amount to Malicious Prosecution:
24 Fair trial is the hallmark of criminal procedure. Fair trial contemplates justice to both the parties, the victims and the accused.
25 Judges are duty bound to explain the basis on which they have arrived at a conclusion.
26 Reference to wrong provision, as long as powers exists, do not matter.
27 One who comes to the court, must come with clean hands. Affidavits are solemn statements on oath. A false Case may be thrown out at any stage of litigation.
28 When both the parties at Litigation are partners in fraud, what could be the approach of the Court in adjudicating rights of the parties.
29 The accused, who are charged with a serious offence, must not be stripped of his valuable right of a fair and impartial trial. Due process of law is the Constitutional mandate.
30 What are Void and Voidable acts.
31 445 Second Appeals are proposed to be disposed of in 58 days, inter alia, with the aid of written Notes.
32 Family Courts are empowered from making enquiry to find the truth of the real dispute.
33 Guidelines by Karnataka High Court when matters are put up before Court for Settlement or when matters are referred to Lok Adalat.
34 What is the extent of protection under Judges Protection Act, 1985.
35 CPC: Sections constitute the core of CPC, 1908; Orders & Rules supplement these Sections.
36 Where the Petitioner has not even asserted his right, claim, title or interest, there cannot be any evidence which can be led.
37 A Party, although has right to choose the appropriate Legal forum, it cannot seek same relief from two Forums.
38 The Courts should be sensitive to hand out Justice rather than disposing or dismissing the matters on technicalities.
39 Levying of Penalty or Interest or any punishment must be backed by substantive legislative provisions.
40 Drawing or eliciting judicious inference from a fact / situation.
41 The Courts should not be hesitant in correcting their errors.
42 It is in the interest of the Society that criminal history of a person is made available at one stroke. Directions given.
43 Inadvertent error in mentioning wrong provision of Law cannot be a ground to Reject any Legal proceeding.
44 Notwithstanding the mandate of Law, realities of Life can’t be brushed aside; a person’s life cannot be jeopardized by mechanically applying the Law.
45 There is only one domicile i.e. domicile of the country and there is no separate domicile for a State.
46 It is not the jurisdiction / province of the Court to render its own findings on a subject matter which is the domain of an Expert.
47 Any Person, including a person who has been sentenced to death, has a right to argue his own case in any Court, including before Supreme Court of India.
48 A great degree of sobriety is expected from a Judicial officer in the discharge of their judicial function.
49 Giving reasons for their findings and for their Orders is elementary requirement of any Order.
50 Debate by TV Channels, on a subject matter of crime, which is sub-judice before Court, may amount to direct interference in administration of Criminal Justice.
51 Due process (procedure established under the Law) protects us all; and have to be followed in all cases of deprivation of liberty or of any property.
52 The role of the public prosecutor is intrinsically dedicated to conducting a fair trial, and not for a thirst to reach the case in conviction. Landmark decision.
53 The right of a Litigant to lead evidence may be taken away if he, despite ample opportunities, neglects to lead evidence.
54 What may constitute failure of justice in criminal trials.
55 Trial Courts are wholly competent to decide even questions of law, to which there is no precedent.
56 Powers of Court to ask any question to any party; and to direct to produce any document or thing: Section 165 of Evidence Act, 1872.
57 The reasons are the soul and heart of the judgment. The reasons are rational explanations for the conclusion arrived at.
58 It is the duty of the Presiding Judge to discipline the misbehaving Advocates / Counsels.
59 The Apex Court directs All High Courts to constitute a Committee to redress the grievances of Advocates qua the functioning of District Judiciary.
60 Exercise of discretion by Courts / Judges means discretion according to rules of reason and justice, and not a discretion of a Mughal Emperor.
61 A court of law is to get at the truth from the legal evidence placed before it, not to be guided by a moral conviction or influenced by the gravity of the crime.
62 Independence of the District Judiciary is Part of the Basic Structure.
63 Out of turn hearing of Cases must be based on valid and genuine grounds.
64 Reconciling the claim of Right to Privacy, qua Matrimonial disputes.
65 A Judge has tremendous powers to ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant.
66 District Judiciary must be allowed to function fearlessly.
67 Balancing the rights of Complainant and Accused in a Criminal Trial.