Practice and Procedure
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...
Read moreRight to privacy is a fundamental right – No doubt that the right to information is also a fundamental right – In case of such a conflict, the Court is required to achieve a sense of balance.
SUSBCRIPTION REQUIRED TO READ JUDGMENT read HERE PLRonline 1461501
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Abuse of Process of law
“43. The Supreme Court Practice 1995 published by Sweet & Maxwell in paragraphs 18/19/33 (p.344) explains the phrase “abuse of...
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Fraud – Compromise – By the lawyer without any authority – No vakalatnama issued – Appellants did not sign the compromise – Set aside. [SC]
Fraud - Compromise - Compromise was entered into between the parties by the lawyer without any authority from the appellants...
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Fraud – Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud
Fraud - Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to...
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Necessary party – If a “necessary party” is not impleaded, the suit itself is liable to be dismissed
Necessary party - A necessary party is a person in whose absence no effective decree could be passed by the...
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Notice – Issuance of – ‘issue’ – When is it issued?
Notice – Issuance of - ‘issue’ - Expression ‘issue’ in its common parlance and its legal interpretation means that the...
Read morePractice and procedure – Maintainability – Where an objection to the maintainability of any application/suit on an issue of law is not expressly dealt with, but the application/suit is entertained and disposed of on merits, the objection is deemed to have been rejected – The mere fact that an issue may not specifically have been dealt with, or reasons not specifically disclosed for decision on that issue, would not vitiate a judgment and order, that is otherwise correct.
read HERE 2022 SCeJ 1052 2022 SCeJ 1052
Read moreNatural Justice – In cases where facts can be stated to be admitted or indisputable, and only one conclusion is possible, the Court does not pass futile orders of setting aside or remand when there is, in fact, no prejudice caused
Natural Justice – In cases where facts can be stated to be admitted or indisputable, and only one conclusion is...
Read moreCrPC S. 374(2) – Can appeal be heard if the accused has absconded or is required to surrender first.
Criminal Procedure Code, 1973, Section 374(2) - Patna High Court Rules, Chapter XII Rule 8 - Rule provides that no...
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Filing – What is filing ?
The expression ‘filing’ is defined in several statutes. We may first notice the dictionary meaning of filing. In P Ramanatha...
Read moreLaw declared by the higher court in the State is binding on authorities and tribunals under its superintendence and they cannot ignore it – No Court or Tribunal and for that matter any other authority can ignore the law stated by this Court
Practice and Procedure - Law declared by the higher court in the State is binding on authorities and tribunals under...
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Tribunals would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned
Practice and Procedure - Tribunals would be subordinate to the High Court insofar as the territorial jurisdiction of the High...
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Orders passed by the constitutional courts, which would be prevailing over the orders passed by the statutory tribunals
Practice and Procedure - Orders passed by the constitutional courts, which would be prevailing over the orders passed by the...
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