Practice and Procedure
Double Jeopardy
The expressions ‘the same offence’, ‘substantially the same offence’, ‘in effect the same offence’ or ‘practically the same’, have not...
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A prior general Act may be effected by a subsequent particular or a special Act
Interpretation of Statutes A well known principle of law that a prior general Act may be effected by a subsequent...
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While interpreting the provisions of a statute, the court avoids rejection or addition of words and resorts to that only in exceptional circumstances to achieve the purpose of the Act or give purposeful meaning.
Interpretation of Statutes “17. Ordinarily, the offence is compounded under the provisions of the Code of Criminal Procedure and the power...
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Power of Attorney
Power of Attorney - An attestation by a Notary Public is merely a manner of securing an authentication but the...
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Conflict between two acts
If there is a conflict between the two special Acts, the later Act must prevail. To put it in other...
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In the case of pension the cause of action actually continues from month to month – Continuing wrong
"The High Court does not ordinarily permit a belated resort to the extraordinary remedy because it is likely to cause...
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Continuing wrong – Recurring wrong – Service matter – Pay fixation
Appellant approached the High Court in 1989 with a grievance in regard to his initial pay fixation with effect from...
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Continuing wrong
Continuing wrong (in the context of section 23 of Limitation Act, 1908 corresponding to section 22 of Limitation Act, 1963) : "It is the...
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Covid19 – Adjournment of cases under general orders issued by the Chief Justice – Status Quo
Practice and procedure - Covid-19 - Adjournment of cases under general orders issued by the Chief Justice - When a...
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Cross Examination – Right of cross-examination must inevitably form part of fair play in action
32: … If the credibility of a person who has testified or given some information is in doubt, or if the version...
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Cross Examination – If a party abstains from entering the witness-box, it would give rise to an adverse inference against him
17: Where a party to the suit does not appear in the witness-box and states his own case on oath and...
Read moreCross Examination – Natural Justice
13: No explanation has been offered as to why the witnesses concerned could not be examined. … The principles analogous to...
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Cross Examination – Natural Justice
25: … It is only when a deposition goes through the fire of cross-examination that a court or statutory authority may...
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Evidence – Cross Examination
where there is a lis to be adjudicated upon, Cross-examination is a powerful weapon for showing the untruthfulness of an...
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