When a detention order suffers from non-application of mind by the detaining authority

Whether the detention order suffers from non-application of mind by the detaining authority is not a matter to be examined according to any straitjacket formula or set principles. It depends on the facts and circumstances of the case, the nature of the activities alleged against the detenu, the materials collected in support of such allegations, the propensity and potentiality of the detenu in indulging in such activities etc.…

When language of the provision is plain and unambiguous, the question of supplying ‘casus omissus’ does not arise

Apex Court in the case of Union of India and Anr. v. Shardindu held that when language of the provision is plain and unambiguous, the question of supplying ‘casus omissus’ does not arise and the Court can interpret a law but cannot legislate. Therefore, recent trend for supplying gape in legislation is concerned, the Court will be loath in exercise of power under Article 226 of the Constitution of India

What is Anti-Suit Injunction and when shall it not to be granted?

Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court. Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction. The principles governing grant of injunction are common to that of granting anti-suit injunction. The cases of injunction are basically governed by the doctrine of equity.…