Court proceedings
Question of fact – Question of Law – When a question of fact has reached finality inter se between the parties, it cannot be reopened in a collateral proceeding.
Question of fact - Question of Law - When a question of fact has reached finality inter se between the...
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Mistake of court – it is not only appropriate but also the duty of the court to rectify the mistake by exercising its inherent powers
Mistake of court - This being the apex court, no litigant has any opportunity of approaching any higher forum to...
Read moreActus curia neminem gravabit – Indian authorities are in abundance to support the view that injustice done should be corrected by applying the principle actus curia neminem gravabit — An act of the court should prejudice no one.
Actus curia neminem gravabit - Indian authorities are in abundance to support the view that injustice done should be corrected...
Read moreAbuse of the process of the court – An abuse of the process of the court may be committed by the court or by a party – Where a court employed a procedure in doing something which it never intended to do and there is an abuse of the process of the court it can be corrected.
Abuse of the process of the court - An abuse of the process of the court may be committed by...
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Mistake of the court – The judge had jurisdiction to correct his own error without entering into a discussion of the grounds taken by the decreeholder or the objections raised by the judgmentdebtors.
Mistake of the court - The judge had jurisdiction to correct his own error without entering into a discussion of...
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Finality of the judgment – Mistake of court – Justice dispensation – Concern of this Court for rendering justice in a cause is not less important than the principle of finality of its judgment.
The Court has to balance ensuring certainty and finality of a judgment of the Court of last resort on one...
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Mistake of Court – To err is human, is the oftquoted saying. Courts including the apex one are no exception. To own up the mistake when judicial satisfaction is reached does not militate against its status or authority. Perhaps it would enhance both.”
Mistake of Court - To err is human, is the oftquoted saying. Courts including the apex one are no exception....
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Mistake of the court – The basic fundamentals of the administration of justice are simple. No man should suffer because of the mistake of the court – No man should suffer a wrong by technical procedure of irregularities
Mistake of the court - The basic fundamentals of the administration of justice are simple. No man should suffer because...
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Courts – Power of the courts/judicial authorities to mould relief
Statute - Power of the courts/judicial authorities to mould relief - While holding that the general approach is that the...
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Judicial system – Human rights perspective – justice for socially and economically disadvantaged people
Judicial system – Human rights perspective – From the human rights perspective, persons belonging to the weaker sections are disadvantaged...
Read moreJudicial system – Justice is a core value of any judicial system, notion of “Justice as Fairness” and “Distributive Justice”
Judicial system – Justice is a core value of any judicial system. It is the ultimate aim in the decision-making...
Read moreJudicial system – Social justice adjudication – Principle of fairness and equality
Judicial system – Social justice adjudication – Principle of fairness and equality – Problem solving approach – Held, Prof (Dr)...
Read moreQuote – Judicial system
Quote – Judicial system – “The obligation of the legal profession is… to serve as healers of human conflict…(we) should...
Read moreJudicial System – Adversarial form of adjudication – Purpose of having a judicial mechanism is to advance justice.
Judicial System – Adversarial form of adjudication – The judicial system that prevails is based on adversarial form of adjudication...
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Admission – is only a piece of evidence and not conclusive proof
Admission - Pleadings – An admission made by a party is only a piece of evidence and not conclusive proof...
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