Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The Hon’ble Supreme Court while deciding an SLP against an order of MP High Court dismissing the appellant’s revision application held that S.132 of The Evidence Act, 1872 does not provide absolute immunity to the witness making self-incriminating statements as the same could be abused by an influential person with the help of a dishonest Investigating Officer. The Court held that the only protection available to the witness U/S 132 is from prosecution based on his incriminating statement and not applicable to other evidence on record. Dinesh Goyal @ Pappu v. Suman Agarwal (Bindal) & Ors., 2024 INSC 726 The Hon’ble Supreme Court while adjudicating an SLP which assailed the judgment of the Hon’ble MP High Court in a Miscellaneous Petition held that delay occurred in preferring amendment application wouldn’t be relevant if the aspect introduced in the amendment is necessary to be decided to adjudicate the issues framed in a case. The respondent/plaintiff in the above case had questioned the genuineness of a ‘Will’ after a year of filing the suit by way of amendment of plaint U/O VI Rule 17 of CPC, 1908 and the Hon’ble Supreme Court affirming the High Court’s decision allowed the same as the partition of the suit property would not be possible without a determination of the question of the existence of the will and its genuineness.