Justice GR Swaminathan observed that this often leads to absurdity because if the counsel’s formulation of questions of law is flawed and defective, the Court record also carries the same vice. “It is somewhat embarrassing,” the Judge remarked.

3
Home/News Updates/Instead Of…
NEWS UPDATES
Instead Of Independently Formulating Substantial Question Of Law Arising In Appeal, Judges Often Copy Down Grounds From Pleadings: Madras High Court

Akshita Saxena25 May 2021 5:03 PM
SHARE THIS –
Students Following 10+3 (Diploma)+3 (Degree) Course Structure Granted Interim Permission To Pursue 3 Yr LL.B Course By Madras HC
The Madras High Court has criticized the practice of Judges copying the issues/ questions of law involved in a case from the pleadings itself, instead of undertaking the exercise on its own.

A Single Bench of Justice GR Swaminathan observed that this often leads to absurdity because if the counsel’s formulation of questions of law is flawed and defective, the Court record also carries the same vice. “It is somewhat embarrassing,” the Judge remarked.

Also Read – ‘Helpless In the Matter Of Vaccine Procurement’: Gujarat Govt Tells Gujarat High Court
Advertisement

Advertisement

At the same time, the Single Bench also acknowledged that the Courts are overburdened and it may not always be possible for the Judges to proof-read everything. Thus, a ‘greater responsibility’ lies on the counsels, farming the tentative questions of law, to discharge this duty properly after a wholesome reading and understanding of the legal principles.

The observation was made in a civil appeal against a judgment directing the Appellant herein to compensate the Respondent for his malicious prosecution.

Also Read – Karnataka Govt Permits Advocates, Clerks To Travel To Offices On Court Working Days During Lockdown
Advertisement

Whereas the appeal was dismissed holding that the Appellant had miserably failed to discharge the onus cast on him, the Court also noticed that the ‘substantial questions of law’ as framed by the Appellant’s counsel made no sense at all.

The reason for this, the Bench observed, is that often the Courts overlook Section 100(4) of Code of Civil Procedure that require the High Court, on being satisfied that a substantial question of law is involved in any case, to formulate that question.

Also Read – ‘Not In Public Interest’ : Karnataka High Court Dismisses Plea To Stop COVID Vaccination Drive With Rs 50,000 Costs
Advertisement

Advertisement

Advertisement

Instead, the Bench observed, the Judges tend to copy the questions of law that are mentioned in the pleadings in view of Section 100 (3)— the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

“Though Section 100 (4) of CPC states that where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question, what mostly happens in practice is not in strict consonance with the statutory mandate.

Also Read – Law Students At Delhi University Write To BCI Seeking Cancellation Of Pending Intermediate Term Exams For Final Year Students
Advertisement

Advertisement

Since Section 100(3) of CPC states that the appeal memorandum shall precisely state the substantial question of law involved in the appeal, once the Judge is satisfied that a case has been made out for admitting the second appeal, instead of independently formulating the substantial question of law arising in the appeal, instruction is given to the stenographer to copy down certain particular grounds from the appeal memorandum.

If the counsel’s formulation is flawed and defective, the Court record also carries the same vice,” Justice Swaminathan observed.

He said that though this is embarrassing, he has chosen to be frank, “more with an eye on future”.

He stated that since the judicial workload is staggering, it is not fair to expect the judges to expend too much time and energy in proof-reading.

He opined that the counsels must assume “greater responsibility” and they must “deeply study” the case record.

“Their grasp of the legal principles must be thorough and accurate. The distilled understanding must be reflected in the appeal grounds. They must be properly drafted. There should not be grammatical and spelling errors. The role of stenographers and typists is equally significant,” the Court said.

It concluded, “Only if all the stakeholders discharge their commitments sincerely, howlers like what we saw now can be avoided.”

Case Title: M. Abubaker & Ors. v. Abdul Kareem

Click Here To Download Order

TAGSSUBSTANTIAL QUESTION OF LAW FRAMING OF ISSUES SECTION 100 CPC MADRAS HIGH COURT JUSTICE GR SWAMINATHAN
Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.

Next Story
NEWS UPDATES
“Helpless In the Matter Of Vaccine Procurement”: Gujarat Govt Tells Gujarat High Court

Sparsh Upadhyay26 May 2021 10:06 PM
SHARE THIS –
Helpless In the Matter Of Vaccine Procurement: Gujarat Govt Tells Gujarat High Court
The Gujarat High Court on Wednesday (May 26) directed the State Government to take all necessary actions immediately with regard to the improvement of the Health infrastructure in the rural areas as also for creating awareness amongst the public at large of the Mucormycosis disease.

The State Government also echoed the helplessness in procuring enough stock of vaccines by submitting that though the State Government has placed orders, for procuring in all 3 crores of vaccines, there is no timeline given by the manufacturers for the delivery of the said vaccines, as there are only 7 vaccine manufacturers in the world and they are not in a position to match with the high requirement of the same.

Advertisement

Advertisement

The Bench of Justice Bela M. Trivedi and Justice B. D. Karia also directed the state Government to come up with the policy of distribution of Liposomal Amphotericin B injections (effective to treat Mucormycosis disease) more transparent, specific and effective.

Court’s observations

The Bench also observed that there is a glimmer of hope seen that the situation has improved, however, the Court did remark:

Advertisement

“It is too early to say anything on the trend of Covid­-19 waves. Considering the magnitude of the cases of Covid19 and its fall out, the Court is of the opinion that the State should not remain complacent and should continue its endeavour to do its best to fight with the third­waive as apprehended by the medical experts.”
The Court specifically observed that here is a need to strengthen the health infrastructure in rural areas by not only making the sub­centres, primary health centres and community centres well equipped with the machines but by providing enough manpower by appointing doctors and nursing staff on a permanent basis.

Advertisement

Advertisement

Advertisement

Directions issued by the Court to the State Government

It would be more beneficial and in the interest of the public at large to release the official video and to widely publish the literature about the said disease, which is now declared as a notifiable disease under the Epidemic Disease Act 1897.-
In order to systematize the distribution and to establish efficient and time­bound system of distribution of Liposomal Amphotericin B injections, the policy of the State must notify the authority/expert body constituted in each district, as also the procedure to be followed by the hospitals i.e. Government/Corporation/ Private hospitals for the procurement of the said Liposomal Amphotericin B injections.
The allocation made to the said hospitals and the usage of the said injections made by the hospitals also should be displayed on the website of the Health Department.
The concerned hospitals also should be made responsible to submit the reports regarding the usage of the said injections.
Advertisement

Advertisement

Submissions of the State Government

The State Government submitted before the Court that it has been trying its level best to sort out most of the issues raised by the Court and that there is an established mechanism in place for providing treatment to Covid­19 patients in the dedicated Covid Hospitals and dedicated Health Care Centres, as also for distribution of Remdesivir injections to the said Hospitals.

As regards the issue of vaccination, the State Government submitted that the State Government has already issued instructions for considering all the persons working in the special homes and at the Child Care Institutions as front­line workers for according them the priority for Covid Vaccination.

As regards the shortage of Liposomal Amphotericin B injection, which is used to treat the Mucormycosis patients, the State Government submitted that the distribution system has been established in all the districts/corporations.

Click Here To Download Order

Read Order

TAGSTHIRD­ WAVE OF COVID COVID COVID-19 GUJARAT HIGH COURT JUSTICE BELA M. TRIVEDI JUSTICE B. N. KARIA VACCINE PROCUREMENT VACCINE GUJARAT HC GUJARATA HIGH COURT BLACK FUNGUS INJECTIONS LIPOSOMAL AMPHOTERICIN B INJECTIONS LIPOSOMAL AMPHOTERICIN B INJECTION COVID 19 COVID
Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.

loading….
SIMILAR POSTS
+ VIEW MORE
Helpless In the Matter Of Vaccine Procurement: Gujarat Govt Tells Gujarat High Court
“Helpless In the Matter Of Vaccine Procurement”: Gujarat Govt Tells Gujarat High Court

26 May 2021 10:06 PM
Lawyer Not Wearing Neck-Band During Virtual Hearing
Karnataka Govt Permits Advocates, Clerks To Travel To Offices On Court Working Days During Lockdown

26 May 2021 9:24 PM
Not In Public Interest : Karnataka High Court Dismisses Plea To Stop COVID Vaccination Drive With Rs 50,000 Costs
‘Not In Public Interest’ : Karnataka High Court Dismisses Plea To Stop COVID Vaccination Drive With Rs 50,000 Costs

26 May 2021 9:19 PM
Law Students At Delhi University Write To BCI Seeking Cancellation Of Pending Intermediate Term Exams For Final Year Students
Law Students At Delhi University Write To BCI Seeking Cancellation Of Pending Intermediate Term Exams For Final Year Students

26 May 2021 9:10 PM
[Chhatrasal Stadium Murder Case] Plea Filed Before Delhi High Court Against Media Trial Of Wrestler Sushil Kumar
[Chhatrasal Stadium Murder Case] Plea Filed Before Delhi High Court Against Media Trial Of Wrestler Sushil Kumar

26 May 2021 8:10 PM
PIL Doesnt Mean That Which Is Interesting As Gratifying Curiosity: Jharkhand High Court Dismisses PIL Challenging E-Pass Requirement Amid Lockdown
“PIL Doesn’t Mean That Which Is Interesting As Gratifying Curiosity”: Jharkhand High Court Dismisses PIL Challenging E-Pass Requirement Amid Lockdown

26 May 2021 8:09 PM
CBI Undertakes Before Bombay HC To Not Seek Documents From Maharashtra Govt In Probe Against Anil Deshmukh Till June 9
CBI Undertakes Before Bombay HC To Not Seek Documents From Maharashtra Govt In Probe Against Anil Deshmukh Till June 9

26 May 2021 7:56 PM
Teachers Caring For Their Self- Interests Alone & Not The Interest Of Their Pupils A ‘Lamentable State Of Affairs’
COVID-“Inform About Steps Taken To Convert Primary Health Centres Into ICU Hospitals With Oxygen Facilities: Himachal Pradesh HC Directs State

26 May 2021 7:51 PM
Traceability Rule Will Break End-To-End Encryption; Can Put Privacy Of Journalists, Activists, Politicians At Risk : WhatsApp Tells Delhi High Court
Traceability Rule Will Break End-To-End Encryption; Can Put Privacy Of Journalists, Activists, Politicians At Risk : WhatsApp Tells Delhi High Court

26 May 2021 7:36 PM
NRI Moves Kerala High Court Seeking Priority Administration Of Covid19 Vaccine For Expats; Direction To UOI To Ensure Inclusion Of Covaxin In WHO List
NRI Moves Kerala High Court Seeking Priority Administration Of Covid19 Vaccine For Expats; Direction To UOI To Ensure Inclusion Of Covaxin In WHO List

26 May 2021 7:28 PM
Check Purported Illegality, Brutality Exhibited By The Police In Enforcing Lockdown: Patna HC Issues Slew Of Directions To Govt
Check Purported Illegality, Brutality Exhibited By The Police In Enforcing Lockdown: Patna High Court To Bihar Govt

26 May 2021 7:21 PM
Government Of India Writes To Social Media Platforms Asking Them About Compliance With IT Rules 2021
Government Of India Writes To Social Media Platforms Asking Them About Compliance With IT Rules 2021

26 May 2021 7:07 PM
WEBINARS
+ MORE
[WATCH LIVE NOW] Justice Sunanda Bhandare Memorial Lecture By Justice RF Nariman On Great Women of History
[WATCH LIVE NOW] Justice Sunanda Bhandare Memorial Lecture By Justice RF Nariman On “Great Women of History”
LAW FIRMS
+ MORE
Does The Prevention Of Money Laundering Act, 2002 Safeguard Third-Party Rights In The Course Of Attachment Of Properties?
Does The Prevention Of Money Laundering Act, 2002 Safeguard Third-Party Rights In The Course Of Attachment Of Properties?
LATEST NEWS
+ MORE
1
“Helpless In the Matter Of Vaccine Procurement”: Gujarat Govt Tells Gujarat High Court
2
‘Criminal Contempt A Reasonable Restriction On Free Speech’ : Centre Defends Section 2(c)(i) of Contempt Of Courts Act Before Karnataka High Court
3
Karnataka Govt Permits Advocates, Clerks To Travel To Offices On Court Working Days During Lockdown
4
‘Not In Public Interest’ : Karnataka High Court Dismisses Plea To Stop COVID Vaccination Drive With Rs 50,000 Costs
5
Immunity Of State Officials From Foreign Criminal Jurisdiction
6
Law Students At Delhi University Write To BCI Seeking Cancellation Of Pending Intermediate Term Exams For Final Year Students
7
Accused Has Right To Have His Bail Plea Heard In Reasonable Time: Allahabad HC Seeks Time Bound Procedure For Supplying Instructions To Govt Advocates
8
[Chhatrasal Stadium Murder Case] Plea Filed Before Delhi High Court Against Media Trial Of Wrestler Sushil Kumar

लाइव लॉ हिंदी
+ MORE
सुप्रीम कोर्ट की अवकाश पीठ अति-आश्यक मामलों की सुनवाई 26 मई से 2 जून तक करेगी, अधिसूचना जारी
सुप्रीम कोर्ट की अवकाश पीठ अति-आश्यक मामलों की सुनवाई 26 मई से 2 जून तक करेगी, अधिसूचना जारी
व्हाट्सएप ने नए आईटी नियमों के तहत दिए ट्रेसेबिलिटी क्लॉज के खिलाफ दिल्ली हाईकोर्ट का दरवाजा खटाखटाया, निजता के अधिकार का उल्लंघन बताया
व्हाट्सएप ने नए आईटी नियमों के तहत दिए ट्रेसेबिलिटी क्लॉज के खिलाफ दिल्ली हाईकोर्ट का दरवाजा खटाखटाया, निजता के अधिकार का उल्लंघन बताया
सुप्रीम कोर्ट ने इलाहाबाद हाईकोर्ट के उस आदेश पर रोक लगा दी, जिसमें COVID के कारण मृत्यु की आशंका को अग्रिम जमानत का आधार माना गया था
सुप्रीम कोर्ट ने इलाहाबाद हाईकोर्ट के उस आदेश पर रोक लगा दी, जिसमें COVID के कारण मृत्यु की आशंका को अग्रिम जमानत का आधार माना गया था
नारदा घोटाला केस: सीबीआई ने टीएमसी नेताओं को हाउस अरेस्ट करने की अनुमति देने वाले कलकत्ता हाईकोर्ट के आदेश के खिलाफ सुप्रीम कोर्ट में दायर याचिका वापस ली
नारदा घोटाला केस: सीबीआई ने टीएमसी नेताओं को हाउस अरेस्ट करने की अनुमति देने वाले कलकत्ता हाईकोर्ट के आदेश के खिलाफ सुप्रीम कोर्ट में दायर याचिका वापस ली
एफआईआर दर्ज, 6 व्यक्ति गिरफ्तार: पश्चिम बंगाल सरकार ने बीजेपी के 2 कार्यकर्ताओं की हत्या की एसआईटी जांच की याचिका पर सुप्रीम कोर्ट में कहा
‘एफआईआर दर्ज, 6 व्यक्ति गिरफ्तार’: पश्चिम बंगाल सरकार ने बीजेपी के 2 कार्यकर्ताओं की हत्या की एसआईटी जांच की याचिका पर सुप्रीम कोर्ट में कहा
INTERNATIONAL
+ MORE
1
Right To Life Is The Mother Of All Rights: Malawi Supreme Court Holds Death Penalty Unconstitutional
2
Google v. Oracle : Perspectives on Copyright, Fair Use and Industry Implications
3
Google’s Copying Of Oracle’s Java SE API Was ‘Fair Use’, Holds US Supreme Court
4
Recording Sexual History Of Rape Victim By Carrying Out “Two-finger Test” Or “Virginity Test” Unconstitutional: Pakistan Supreme Court
ENVIRONMENT
+ MORE
1
“Quality Of Flowing Water Can’t Be Compromised”, Madras HC Directs State To Form Expert Body To Keep Rivers Free From Effluents
2
NGT Directs Chief Secretary, Delhi To Take Decision At Higher Administrative Level In Plea To Ensure Treated Water Supply In Public Parks
3
“All Isn’t Well In Sundarbans”: Calcutta High Court Directs Administration To Issue Protective Orders Retraining All Illegal Activities In The Area
4
Death Due To Illegal Factory Fire In Delhi’s Pratap Nagar: NGT Takes Suo Moto Cognizance, Constitutes 5 Member Joint Committee
JOB UPDATES

1. Call For Applications: Associate (Litigation) At Project 39A [Apply By 15th June 2021]
2. Research Associate Vacancy At The Indian Institute Of Corporate Affairs
3. Fellow Vacancy At The Indian Institute Of Corporate Affairs
4. Senior Research Associate Vacancy At The Indian Institute Of Corporate Affairs
5. Principal Research Analyst Vacancy At The Indian Institute Of Corporate Affairs
+ VIEW MORE

JUST ENTER YOUR EMAIL FOR THE LIVELAW DAILY NEWS BRIEFING BY EMAIL ALL THE DAY’S HEADLINES AND HIGHLIGHTS FROM LIVELAW, DIRECT TO YOU EVERY MORNING
NEWSLETTERS
DIRECTLY IN YOUR MAILBOX

Enter Your Email
Submit

Top Stories
News Update
Columns
Interviews
International
Rti Updates
Know the Law
Law Firms
Job Updates
Book Reviews
Events Corner
Cover Story
Editor’s Pick
Law School Corner
Articles
Call for Papers
Competitions
Internships
Placements
Scholarships
Seminars
Environment
Book Reviews
© All Rights Reserved @LiveLawPowered By Hocalwire
Who We AreCareersAdvertise With UsContact UsPrivacy PolicyTerms And Conditions

Live Law subscriptions starting
₹