Tag: Advanced

Mind your Language when you are drafting a pleading: MHC

TULSIRAM Vs. RAMCHARANLAL – It is a primary duty of Legal Practitioners to be jealous in guarding the prestige of Courts and in maintaining dignity, decorum and decency in Courts. Nothing, whatever should be done which may bring a proceeding to ridicule or to run a Court into a platform for controversy of any kind, except disputes relating to, rights, duties and liabilities arising from the Constitution or from the law and procedure established thereunder.

No Government servant or a servant of public body can have any political ideology or philosophy in the discharge of his duties: RHC

No Government servant can claim to remain at particular place on a particular post and the Courts will not interfere with the order of transfer unless it can appear to it that the transfer power has been abused or that the transfer has been made for a collateral purpose with oblique motive and colourable exercise of power-RAJASTHAN HIGH COURT (JAIPUR BENCH)

Magistrates should not call police officers to their Courts if not required, only to show their power: DHC

03-10-2007 -COMMISSIONER OF POLICE AND OTHERS Vs. MANOJ SHARMA AND ANOTHER – An unlawful assembly is unlawful assembly irrespective of the fact whether the people have assembled for a good cause or a bad cause. Neither there is a golden scale of quantum of force to be used, nor such a yardstick can be laid down by the Courts. The quantum of force to be used has to be determined by the officer concerned, the Court cannot substitute its own opinion or decision about the quantum of force which should have been used – DHC

Calcutta High Court held: Illegal intrusion of police into Howrah Court premises is violation of Constitution and Laws

The need for a building for a court is fundamental to its existence. Judicial institutions
are the institutions of the national life contemporaneous with the fact that they are the seeds of dispensation of the Judicial Authority under the Constitution and the Laws. Such authority of the Court being inseparable element of the sovereign, unauthorised intrusion into its premises and the activities would stand to breach the Constitution and the Laws. The executive agency of a State, viz., the Government, has the constitutional duty to provide infrastructure for the Courts and also to protect those institutions and premises dedicated for activities in connection with the Courts.