"findings‟ and "reasons‟ in the following way: “37. In our view, Section 34(4) of the Act can be resorted to record reasons on the finding already given in the award or to fill up the gaps in the reasoning of the award. There is a difference between “finding” and “reasons” as pointed out by the learned Senior Counsel appearing for the respondent in the judgment in ITO v. Murlidhar Bhagwan Das . It is clear from the aforesaid judgment that “finding is a decision on an issue”. Further,...

Practice and Procedure

Review – Petitioner had submitted that he does not press upon his petition – No case for reviewing .

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2.1k

Review – Order came to be passed as counsel for the petitioner had submitted at the very outset, that he...

CPC

CPC – Defence struck off – Set aside – Substantial justice to be done.

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2.1k

Civil Procedure Code 1908 (V of 1908) – Defence struck off - Court does not find any legal error with...

Practice and Procedure

Representation – Nowhere mentioned that on the lapse of period ordered, the authorities would lose the power to decide the same.

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2.1k

Court – Had simply recorded the statements of the parties to the effect that the representation shall be filed within...

Practice and Procedure

[SC] Practice and procedure – Adjournments – Earlier adjournments taken by the petitioner, if any, can not be a ground to decide the present request for adjournment

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2.1k

Practice and procedure – Adjournments – Can earlier adjournments taken by the petitioner, if any, be a ground to decide the...

Practice and Procedure

[SC] Powers of a court/ tribunal – Tribunal shall have all ancillary powers to pass any such interim order subject to conditions as it may deem fit

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2.1k

Tribunal shall have all ancillary powers to pass any such interim order subject to conditions as it may deem fit...

Natural Justice

[SC] Natural Justice – The principles of natural justice have many facets. Two of them are: notice of the case to be met, and opportunity to explain.

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2.1k

“Even if a statute is silent and there are no positive words in the Act or Rules made thereunder there...

Practice and Procedure

[SC] Powers of a court – Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what is an effective exercise of the substantive power have to be inferred.

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2.1k

Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what...

Practice and Procedure

Fraud – “No man is bound by a bargain into which he has been induced by fraud to enter, because assent is necessary to a valid contract.”

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2.1k

KERR On the Law of Fraud and Mistake 7 th Edition

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

Court proceedings

Maxim – ex debito justitiae – of or by reason of an obligation of justice : as a matter of right

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Maxim - ex debito justitiae - of or by reason of an obligation of justice : as a matter of...

Court proceedings

COI Art. 32 – Practice and procedure – Other remedies available to them in law – Court did not foreclose the right of the petitioners/Banks to pursue other remedies available to them in law

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2.1k

Practice and procedure - Other remedies available to them in law - Writ petitioners/Banks were not parties in the case...

Constitution of India

COI Art. 32 – Writ of certiorari – Whether an order passed by the High Court on original side in the proceedings before it could be challenged under Article 32 of the Constitution for enforcement of fundamental rights guaranteed under Article 19(1)(a), (d) and (g) of the Constitution of India.

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2.1k

Constitution of India, Article 32 - Writ of certiorari - Whether an order passed by the High Court on original...

Court proceedings

Mistake of court – It is the duty of the aggregate of those Tribunals, if I may use the expression, to take care that no act of the court in the course of the whole of the proceedings does an injury to the suitors in the court –

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2.1k

Mistake of court - “Now, Their Lordships are of opinion, that one of the first and highest duties of all...

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Cruelty – Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]

Children custody – Best Interest of Child – Scope of – Habeas Corpus – Children natural citizens of USA , are in the grips of their mother – Continuance of present status, will damage their progress in academics, and their emotional quotient. [(2023-1)209 PLRIJ 059]

“Understanding Burden of Proof for Input Tax Credit Claims under Karnataka Value Added Tax Act, 2003”

Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)

Hindu Marriage Act, S. 28-A – Enforcement/Execution of orders of maintenance

Hindu Marriage Act, S. 24 – Permanent alimony – Quantum of maintenance – CrPC S. 125

Hindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony

CrPC S. 125 – Maintenance – Overlapping jurisdiction – Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount

“Importance of Corroboration in Criminal Trials: Extra-Judicial Confession as a Weak Piece of Evidence”

Workmen’s Compensation Act, 1923, S. 3(5) – Remedies open to an injured workman or the Legal Representatives of a deceased workman under the Workmen’s Compensation Act, 1923 or before a Civil Court are in the alternative. [PLRonline 213901]

Criminal Trial – Parameters, in which interference can be made in a judgment of acquittal. [2011 PLRonline 0204 SC]

Precedent – stare decisis

Comprehensive Guidelines for investigation abroad and issue of Letters Rogatory (LRs)/ Mutual Legal Assistance (MLA) Request and Service of Summons/Notices/Judicial documents in respect of Criminal Matters.

CPC O. 21 – Decree – If amount is deposited, or paid to decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it – If dep[opsited in court mandatorily should be deposited in a bank

Review – Party can not be left remedy less.

Practice and Procedure

Words – “Shall” and “May”

CPC O. 6 R. 2 – Procedural law – Provisions relating to pleadings – Object of

Reason and Finding

Review – Petitioner had submitted that he does not press upon his petition – No case for reviewing .

CPC – Defence struck off – Set aside – Substantial justice to be done.

Representation – Nowhere mentioned that on the lapse of period ordered, the authorities would lose the power to decide the same.

[SC] Practice and procedure – Adjournments – Earlier adjournments taken by the petitioner, if any, can not be a ground to decide the present request for adjournment

[SC] Powers of a court/ tribunal – Tribunal shall have all ancillary powers to pass any such interim order subject to conditions as it may deem fit

[SC] Natural Justice – The principles of natural justice have many facets. Two of them are: notice of the case to be met, and opportunity to explain.

[SC] Powers of a court – Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what is an effective exercise of the substantive power have to be inferred.

Fraud – “No man is bound by a bargain into which he has been induced by fraud to enter, because assent is necessary to a valid contract.”

Maxim – ex debito justitiae – of or by reason of an obligation of justice : as a matter of right

COI Art. 32 – Practice and procedure – Other remedies available to them in law – Court did not foreclose the right of the petitioners/Banks to pursue other remedies available to them in law

COI Art. 32 – Writ of certiorari – Whether an order passed by the High Court on original side in the proceedings before it could be challenged under Article 32 of the Constitution for enforcement of fundamental rights guaranteed under Article 19(1)(a), (d) and (g) of the Constitution of India.

Mistake of court – It is the duty of the aggregate of those Tribunals, if I may use the expression, to take care that no act of the court in the course of the whole of the proceedings does an injury to the suitors in the court –

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