Practice and Procedure
Doctrine of merger – Does not make a distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority. [SCeJ 212701]
LogIn required for accessing Judgment There can only be one operative decree governing the same subject-matter at a given point...
Read moreThe procedural laws are handmaid of justice and cannot defeat the substantive rights.
The procedural laws are handmaid of justice and cannot defeat the substantive rights. “2. Procedural law is intended to facilitate...
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Precedent – stare decisis
In a situation when both the judgments are rendered by two-member Benches, the predicament of the Court would be as...
Read moreComprehensive 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.
CompressedISII_ComprehensiveGuidelines16032020Download
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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
202 PLRonline 436600 2023 SCeJ 0025 SUPREME COURT OF INDIA Before: Justice M.R. Shah, Justice S. Ravindra Bhat. K. L....
Read moreReview – Party can not be left remedy less.
Review - Party can not be left remedy less - No party could be left remediless and whatever the grievance...
Read moreWords – “Shall” and “May”
Words – “Shall” and “May” - A well settled rule of interpretation of the statutes is that the use of...
Read moreCPC O. 6 R. 2 – Procedural law – Provisions relating to pleadings – Object of
CPC, 1908, O. 6 R. 2 - Procedural law - Provisions relating to pleadings - Object of - Procedural law...
Read moreReason and Finding
"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,...
Read moreReview – Petitioner had submitted that he does not press upon his petition – No case for reviewing .
Review – Order came to be passed as counsel for the petitioner had submitted at the very outset, that he...
Read moreCPC – Defence struck off – Set aside – Substantial justice to be done.
Civil Procedure Code 1908 (V of 1908) – Defence struck off - Court does not find any legal error with...
Read moreRepresentation – Nowhere mentioned that on the lapse of period ordered, the authorities would lose the power to decide the same.
Court – Had simply recorded the statements of the parties to the effect that the representation shall be filed within...
Read more[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
Practice and procedure – Adjournments – Can earlier adjournments taken by the petitioner, if any, be a ground to decide the...
Read more[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
Tribunal shall have all ancillary powers to pass any such interim order subject to conditions as it may deem fit...
Read more[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.
“Even if a statute is silent and there are no positive words in the Act or Rules made thereunder there...
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