What is the law of defamation?

Defamation is defined as spoken or written words or visible representations, concerning any person intended to harm his/her reputation. Exceptions to this include an ‘imputation of truth’ required for a ‘public good’, or the conduct of any person touching any public question, or expressing opinions on a public performance

Category: Criminal Law   Posted on: September 7, 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

Can an externment order under the Police Act be challenged in Court?

An order of externment must always be restricted to the area of illegal activities of the externee. The executive order must demonstrate due application of mind on the part of the statutory authority. When the validity of an order is questioned, what would be seen is the material on which the satisfaction of the authority is based. The satisfaction of the authority although primarily subjective, should be based on objectivity

Category: Criminal Law   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