Jurisprudence

What is the scope & power of contempt jurisdiction vested in the Courts to punish for contempt? Can the Court, in contempt jurisdiction, go beyond the order alleged to be flouted & can it reopen decided issues?

The Courts must not, in exercise of the contempt jurisdiction, therefore, travel beyond the four corners of the order which is alleged to have been flouted or enter into questions that have not been dealt with or decided in the judgment or the order violation of which is alleged. Only such directions which are explicit in a judgment or order or are plainly self-evident ought to be taken into account for the purpose of consideration as to whether there has been any disobedience or willful violation of the same

Category: Jurisprudence   Posted on: March 10, 2024

Is a contract in favour of a minor enforceable or is it void, even when it is for the benefit of the minor?

As per the Contract Act, 1872 it is clearly stated that for an agreement to become a contract, the parties must be br competent to contract, wherein age of majority is a condition for competency. A contract in the name of a minor cannot be held valid, simply because it is in the interest of the minor unless he or she is represented by his or her natural guardian or guardian appointed by the court.

Category: Jurisprudence   Posted on: March 10, 2024

What is malafides in the jurisprudence of power?

Malafide exercise of power does not imply any moral turpitude. It means exercise of statutory power for “purposes foreign to those for which it is in law intended”. It means conscious violation of the law to the prejudice of another, a depraved inclination on the part of the authority to disregard the rights of others, where intent is manifested by its injurious acts. Passing an order for unauthorized purpose constitutes malice in law.

Category: Jurisprudence   Posted on: October 4, 2023

What is a “substantial question of law” under section 100 of the Code of Civil Procedure?

(a) A Court sitting in second appellate jurisdiction has to frame substantial question of law at the time of admission, save and except in exceptional circumstances. Post such framing of questions the Court shall proceed to hear the parties on such questions, i.e., after giving them adequate time to meet and address them. It is only after such hearing subsequent to the framing that a second appeal shall come to be decided. (b) In ordinary course, the High Court in such jurisdiction does not interfere with finding of fact, however, if it does find any compelling reason to do so as regard in law, it can do but only after perusing the records of the Trial Court, on analysis of which the conclusion arrived at by such a Court is sought to be upturned. In other words, when overturning findings of fact, the Court will be required to call for the records of the Trial Court or if placed on record, peruse the same and only then question the veracity of the conclusions drawn by the Court below

Category: Jurisprudence   Posted on: September 23, 2023

When can a Court review its own judgements and correct mistakes therein?

Though the concept of finality of judgment has to be preserved, at the same time, the principle of ex debito justitiae cannot be given a go­bye. If the Court finds that the earlier judgment does not lay down a correct position of law, it is always permissible for the Court to reconsider the same and if necessary, to refer it to a larger Bench

Category: Jurisprudence   Posted on: October 1, 2022

Article 136: Supreme Court can interfere with concurrent findings of fact

The Supreme Court will not interfere in the exercise of its powers under Article 136 of the Constitution of India with the concurrent findings recorded by the courts below. But where material aspects have not been taken into consideration and where the findings of the Court are unsupportable from the evidence on record resulting in miscarriage of justice, the Court will certainly interfere

Category: Jurisprudence   Posted on: September 9, 2022

Can a show-cause notice be challenged in a Writ Petition?

The practice of challenging SCNs by way of a Writ Petition has been deprecated time and again as clearly spelt out by the Supreme Court in the case of Kunisetty Satyanarayana, (2006) 12 SCC 28 : AIR 2007 SC 906. A mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is quite possible that after considering the reply to the show-cause notice or after holding an enquiry the authority concerned may drop the proceedings and/or hold that the charges are not established

Category: Jurisprudence   Posted on: September 7, 2022

Scope of judicial review of administrative decisions

In essence, the test is to see whether there is any infirmity in the decision-making process and not in the decision itself. The court has to find out if the administrator has left out relevant factors or taken into account irrelevant factors. The decision of the administrator must have been within the four corners of the law, and not one which no sensible person could have reasonably arrived at, having regard to the above principles, and must have been a bona fide one. The decision could be one of many choices open to the authority but it was for that authority to decide upon the choice and not for the court to substitute its view

Category: Jurisprudence   Posted on: September 7, 2022

When can an application under Section 151 of the CPC be filed to recall a final decree?

Section 151 of the CPC provides for Civil Courts to invoke their inherent jurisdiction and utilize the same to meet the ends of justice or to prevent abuse of process. Although such a provision is worded broadly, the Supreme Court has tempered the provision to limit its ambit to only those circumstances where certain procedural gaps exist, to ensure that substantive justice is not obliterated by hyper technicalities

Category: Jurisprudence   Posted on: September 7, 2022

When should a Judge recuse himself on ground of bias?

It is a well ­established principle, both in our jurisprudence and across the world, that “[N]ot only must justice be done; it must also be seen to be done”. whether there was a real likelihood of bias or not has to be ascertained with reference to right ­minded persons; whether they would consider that there was a real likelihood of bias

Category: Jurisprudence   Posted on: September 5, 2022