Practice and Procedure
Ratio decidendi – It is the rule deductible from the application of law to the facts and circumstances of the case which constitutes its ratio decidendi
“9........... It is not everything said by a judge while giving judgment that constitutes a precedent. The only thing in...
Read moreWhat is ratio decidendi
What is ratio decidendi has been succinctly explained by this Court in the case of Regional Manager and Another v....
Read moreJudicial precedents – Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect,
The following words of Lord Denning in the matter of applying precedents have become locus classicus: (Abdul Kayoom v. CIT,...
Read moreJudicial precedent – Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches.
Precedent should be followed only so far as it marks the path of justice, but you must cut the dead...
Read more
Orders – Uploaded on website – There would be no need for a certified copy of this order for furnishing bonds
Orders – Uploaded on website - Certified orders - There would be no need for a certified copy of this...
Read morePractice and procedure – Maintainablity – In case the Court wishes to non-suit the litigant on the issue of maintainability, it ought not enter into the merits of the case
Practice and procedure – Maintainablity - In case the Court wishes to non-suit the litigant on the issue of maintainability,...
Read more
Order – When a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise – Orders are not like old wine becoming better as they grow older
“8. The second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its...
Read more
Fraud – A litigant, who approaches the court, is bound to produce all the documents executed by him which are relevant to the litigation.
Fraud - A litigant, who approaches the court, is bound to produce all the documents executed by him which are...
Read more
Fraud – “finality of litigation” – The principle of “finality of litigation” cannot be pressed to the extent of such an absurdity that it becomes an engine of fraud in the hands of dishonest litigants
Fraud - "finality of litigation" - The principle of "finality of litigation" cannot be pressed to the extent of such...
Read more
Fraud – A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another
Fraud - A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage...
Read more
Fraud – Judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law. Such a judgment/decree – by the first court or by the highest court – has to be treated as a nullity by every court, whether superior or inferior. It can be challenged in any court even in collateral proceedings.
Fraud - "Fraud avoids all judicial acts, ecclesiastical or temporal" - It is the settled proposition of law that a...
Read more
Practice and Procedure – Judicial propriety – General observations by High Court deprecated
Practice and Procedure – Judicial propriety - General observations - We advise the High Courts not to make general observations...
Read moreJudges interpret statutes, their words are not to be interpreted as statutes
“Judgments and observations in judgments are not to be read as Euclid’s theorems or as provisions of statute. Judicial utterances/pronouncements...
Read more
What, then, is ”judicial discretion” in this bail context ?
What, then, is ''judicial discretion'' in this bail context ? In the elegant words of Benjamin. Cardozo. The judge, even...
Read more
Judicial precedent – Judicial propriety – It is the solemn duty of the court to apply the correct law without waiting for an objection to be raised by a party.
Judicial precedent – Judicial propriety – It is the solemn duty of the court to apply the correct law without...
Read more
