Classic English in Delhi HC Judgement
A judgement delivered on 1st August 2011 by Chief Justice Dipak Misra of the Delhi High Court, is a classic example of Classic English. See a sample below with the meanings of the words, phrases and doctrines.
In view of the similitude of the principal controversy pertaining to the jurisdiction of the High Court of Delhi being involved in these writ petitions, they were heard analogously and as the said issue is the only question of reference, it is being adverted to and dealt with by a singular order. For the sake of convenience, we shall adumbrate the facts in W.P.(C) No.6570/2010.
Similitude - likeness; similarity
Analogously - In an analogous manner; in a manner which evokes analogy.
Advert - To turn attention.
Singular – please note it is not single.
Adumbrate - To give a sketchy outline of .
Before we proceed to analyze and appreciate the ratio decidendi in New India Assurance Company Limited (supra), it is seemly to exposit the necessitous primary facts averred in the present writ petition.
ratio decidendi - legal rule derived from, and consistent with, those parts of legal reasoning within a judgement on which the outcome of the case depends.
Seemly - proper or fitting
Exposit - set forth
Necessitous - Needy
15. Regard being had to the aforesaid historical backdrop, we shall presently proceed to deal with the Full Bench decision in New India Assurance Company Limited (supra) to perceive how it has dealt with the concept of jurisdiction in the context of the conception of cause of action and the appreciation of the ratio of various citations by the Full Bench referred to by it.
Presently - as generally misunderstood and misused in India and America, presently does not mean ‘at present', it means ‘in the immediate future' as correctly used by the judge.
16. On a nuanced scrutiny of the decision of the Full Bench, it is clear as day that it has expressed the view which can be culled out in seriatim as follows:
nuance - to give subtle differences
17. Presently, we shall proceed to advert to the authorities that have been referred to and relied upon by the Full Bench for the simon pure reason that understanding of the principles exposited therein would enable us to appreciate the enunciation of the law by the Full Bench and also refer to certain authorities that have been cited before us.
simon pure - Genuinely and thoroughly pure./Superficially or hypocritically virtuous.
30. From the aforesaid pronouncements, the concept of forum conveniens gains signification.
forum conveniens: “The court in which an action is most appropriately brought, considering the best interests and convenience of the parties and witnesses.”
Signification: meaning/sense/significance
32. The principle of forum conveniens in its ambit and sweep encapsulates the concept that a cause of action arising within the jurisdiction of the Court would not itself constitute to be the determining factor compelling the Court to entertain the matter.
Encapsulate: to sum up in a short or concise form; condense; abridge
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