"A Borrowed Constitution: Fact Or Myth" | Nani Palkhiwala Lecture By Jus...

Comments

Post a Comment

Popular posts from this blog

Registered Document is presumed to be valid unless otherwise proved

 https://main.sci.gov.in/supremecourt/2019/29674/29674_2019_34_1501_24672_Judgement_16-Nov-2020.pdf Prem Singh and Ors. v. Birbal and Ors. 8 (2006) 5 SCC 353 The relevant portion of the said decision reads as below: “27.  There   is   a   presumption   that   a   registered document is validly executed. A registered document, therefore, prima facie would be valid in law. The onus of  proof, thus, would be on a person who leads evidence to rebut the presumption. In the instant case, Respondent 1 has not been able to rebut the said presumption.  In Aloka Bose v. Parmatma Devi and Ors. (2009) 2 SCC 582 "It has b...
Read more

Whether is was any reason explained to pass the order by authority

https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf The matter was reminded back with an opportunity to the State to provide reasons for the administrative decision taken to rescind the policy  The authority has choice to explained the reasons or pass the fresh order on the fresh cause of action with explained reasons. There cannot be post hoc justification of the action. The post hoc justification doctrine merely requires that courts assess agency action based on the official explanations of the agency decision makers, and not based on after-the-fact explanations advanced by agency lawyers during litigation. As the D. C. Circuit has explained, the post hoc justification doctrine “is not a time barrier which freezes an agency’s exercise of its judgment after an initial decision has been made and bars it from further articulation of its reasoning. It is a rule directed at reviewing courts which forbids judges to uphold agency action on the basis of rationales offered by anyo...
Read more

Articles

Image
As  Home News Columns Dealstreet Interviews Apprentice Lawyer Viewpoint Legal Jobs Vikram Hegde, Shantanu Lakhotia COLUMNS Transfer Petitions and video conferencing: Time for another look at Santhini? Unless the courts contemplate complete stoppage of work till free travel without risk of being infected becomes possible, video conference hearings are inevitable. Vikram Hegde   &  Shantanu Lakhotia Jul 1, 2020, 10:05 AM IST As lawyers, we are already grappling with what we may call  video conference vagaries  since the beginning of the lockdown. At the same time, we are all aware that sooner rather than later, litigants will also have to start appearing in courts by video conference. The story of the interface of a litigant with the court being mediated by a video link starts with the amendment of Section 167(2)(b) of the CrPC, which provides, among other things, that a magistrate may extend the detention of an accused in judicial custody. Such extension...
Read more