Practice and Procedure
Judicial impropriety – Observation of High Court that reference to judicial decisions will not be of much importance was clearly a method adopted by it in avoiding to follow and apply the law as laid down by this Court
Judicial precedents - It is unfortunate that the High Court did not consider it necessary to refer to various judicial...
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Fraud has to be an established fraud – Injunction
Fraud - Fraud has to be an established fraud - In the absence of established fraud and not a mere...
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Judicial precedents – Judicial impropriety – Judicial adventurism
Judicial precedents - Judicial impropriety - Judicial adventurism - It is unfortunate, that notwithstanding the authoritative pronouncements of this Court,...
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Voice Sample
"13. A voice print is a visual recording of voice. It mainly depends on the position of "formants". These are...
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Judicial function is not to legislate but in a situation where the call of justice and that too of a large number who are not parties to the lis before the Court, demands expression of an opinion on a silent aspect of the Statute, such void must be filled up
Practice and Procedure - Procedure is the handmaid not the mistress of justice - What may appear to be legislative...
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The wages of procedural sin should never be the death of rights
The mortality of justice at the hands of law troubles a Judges conscience and points an angry interrogation at the...
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Procedure is the handmaid, not the mistress, of justice and cannot be permitted to thwart the fact-finding course in litigation
Procedure is the handmaid, not the mistress, of justice and cannot be permitted to thwart the fact-finding course in litigation...
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Procedural law needs to be interpreted in a manner that no party should ordinarily be denied the opportunity of participating in the process of dispensation of justice
Practice and procedure - No person has a vested right in any course of procedure - Procedural laws are not...
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Court – Fingerprints – Thumb impressions – Expert – Finding by court – Comparison –
Evidence Act, 1872, Section 45, 73 - Fingerprints - Thumb impressions – Expert – Finding by court – Comparison –...
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Mentioning of a wrong provision or non-mentioning of a provision does not invalidate an order
Practice and procedure - It is a well settled principle of law that mentioning of a wrong provision or non-mentioning...
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CPC – We have, however, serious reservations as to whether the civil court could hear a defendant before registering a plaint
Practice and procedure - CPC - We have, however, serious reservations as to whether the civil court could hear a...
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Jurisdiction – order passed by a court having jurisdiction shall remain valid unless it is set aside.
Practice and procedure - Jurisdiction - well settled principle of law that an order passed by a court having jurisdiction...
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Practice and procedure – Judgment has to be read as a whole , and if there are conflicting parts, they have to be reconciled harmoniously in order to yield a result that will accord with an earlier decision of the same bench strength.
Ratio in Girish Kumar Suneja v. C.B.I., (2017) 14 SCC 809 - Despite what is stated in paragraphs 25, 29...
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Stay – Once stay is granted, proceedings should not be adjourned and concluded within two-three months
Stay - Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature...
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Stay – Stay against proceedings of a civil or criminal trial is operating will end on expiry of six months from 28.3.2018
Stay – Stay against proceedings of a civil or criminal trial is operating will end on expiry of six months...
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