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.
Where the substantive power has been conferred upon a Court or Tribunal, all incidental and ancillary powers necessary for what...
Read more
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.”
KERR On the Law of Fraud and Mistake 7 th Edition
Read more
Maxim – ex debito justitiae – of or by reason of an obligation of justice : as a matter of right
Maxim - ex debito justitiae - of or by reason of an obligation of justice : as a matter of...
Read more
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
Practice and procedure - Other remedies available to them in law - Writ petitioners/Banks were not parties in the case...
Read more
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.
Constitution of India, Article 32 - Writ of certiorari - Whether an order passed by the High Court on original...
Read more
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 –
Mistake of court - “Now, Their Lordships are of opinion, that one of the first and highest duties of all...
Read more
Ex debito justitiae – No man should suffer because of the mistake of the court
Ex debito justitiae - No man should suffer because of the mistake of the court - No man should suffer...
Read more
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...
Read more
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...
Read more
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...
Read moreRight of privacy – Right to information – Challenge to the action of the Reserve Bank of India in directing disclosure of confidential and sensitive information pertaining to their affairs, their employees and their customers under the Right to Information Act, 2005
Constitution of India, Article 32 - Right of privacy - Right to information - Challenge to the action of the...
Read more
Finality of judgment and ex debito justitiae
Finality of judgment and ex debito justitiae - Though the concept of finality of judgment has to be preserved, at...
Read more
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...
Read more
