Practice and Procedure
Judgment – Concurrent findings of fact – When the two Courts below have recorded concurrent findings of fact against the plaintiffs, which are based on appreciation of facts and evidence, in our view, such findings being concurrent in nature are binding on the High Court
Judgment - Concurrent findings of fact - When the two Courts below have recorded concurrent findings of fact against the...
Read more![[SC] Land Acquisition – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas](https://supremecourtonline.in/wp-content/uploads/2022/04/pexels-photo-102728-350x250.jpeg)
Precedent – Judgment is a precedent for the issue of law that is raised and decided.
Precedent - Judgment is a precedent for the issue of law that is raised and decided. read here 2022 SCeJ...
Read moreJudicial review – Is not an appeal from a decision but a review of the manner in which the decision is made – Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eyes of the court – The court/tribunal in its power of judicial review does not act as an appellate authority to re-appreciate the evidence and to arrive at its own independent findings on the evidence.
A three-Judge Bench has held that power of judicial review is not an appeal from a decision but a review...
Read moreJudicial review – Departmental enquiry – High Court is not a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant.
In the case of Nand Kishore Prasad , after considering other decisions of this Court on judicial review and the...
Read moreAdvocate – Duty of – Vakalatnama – Ascertaining identity of the person signing – If he does not personally know the litigant, he must verify the identity of the person signing the Vakalatnama from the documents such as Adhaar or PAN card
Advocate – Duty of – Vakalatnama – Ascertaining identity of the person signing - If the Vakalatnama is executed...
Read moreBona fide need – Even the subsequent event of death of the landlord who wanted to start a business in the tenanted premises is not sufficient to dislodge the bona fide need established by him earlier.
This Court reiterated the same principle in Kamleshwar Prasad v. Pradumanju Agarwal that the crucial date...
Read moreLis – Rights of parties
Bona fide need - Even the subsequent event of death of the landlord who wanted to start a business in...
Read moreLis – Normal rule is that rights and obligations of the parties are to be determined as they were when the lis commenced and the only exception is that the court is not precluded from moulding the reliefs appropriately in consideration of subsequent events provided such events had an impact on those rights and obligations.
The normal rule is that in any litigation the rights and obligations of the parties are adjudicated upon as they...
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Ratio decidendi
A judgment must be read as a whole, so that conflicting parts may be harmonised to reveal the true ratio...
Read more[SC] Non Speaking order – Tax – Appeal – By revenue – Quashed and set aside and remanded to the High Court. 2022 SCeJ 0390
Commissioner of Income Tax-1 v. Bajaj Herbals Pvt. Ltd., 2022 SCeJ 0390 Supreme Court of India JUSTICE M. R. SHAH...
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[SC] Interim order – It is a fundamental principle of law that a party who is in enjoyment of an interim order, is bound to lose the benefit of such interim order when the ultimate outcome of the case goes against him.
Practice and procedure – Interim order - It is a fundamental principle of law that a party who is in...
Read more[SC] Question of law – Test of proportionality – The refusal of this Court to go into the question of law in such cases, cannot be treated as tantamounting to answering the question of law in a particular manner.
Question of law - Test of proportionality - The refusal of this Court to go into the question of law...
Read moreJudgment – Judgment of a Court interpreting a provision of law does not lay down a new principle of law, rather clarifies the legal position as to what it intended to mean. (2022-1)205 PLR 444 P&H
Judgment - Judgment of a Court interpreting a provision of law does not lay down a new principle of law,...
Read moreCPC O. 6 R. 2 – Only the facts are required to be stated in a concise manner in the pleadings and neither the evidence nor the arguments are required to be stated therein
Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 2 – Only the facts are required to be stated...
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Pleadings – In order to determine the precise nature of the action, the pleadings should be taken as a whole.
Pleadings - The real point is not the stray or loose expressions which abound in in-artistically drafted plaints, but the...
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