Tag: Judicial precedents

April 9, 2023

Mother claimed custody of a child from the father – Held that the custody of the father could not be ...

MVA – Criminal case – Acquittal in a criminal case – Effect on claim petition

Precedent – stare decisis

March 14, 2023

In a situation when both the judgments are rendered by two-member Benches, the predicament of the Court would be as ...

Madras Bar Association v. Union Of India, 2021 PLRonline 9093

March 8, 2023

Supreme Court Of India L. Nageswara Rao, Hemant Gupta, S. Ravindra Bhat, JJ. Madras Bar Association v. Union Of India ...

Service matter – There is a bar as such if the proceedings are not instituted while the employee was in service, for events which took place more than four years before such initiation

February 21, 2023

2022 PLRonline 0497 Punjab and Haryana High Court Before G.S. Sandhawalia and Vikas Suri, JJ. BALKRISHAN SOBTI v. PUNJAB AND ...

[SC] Land Acquisition – Deductions required to be made when considering transactions pertaining to small developed plots, for determining compensation of large areas

Precedent – Judgment is a precedent for the issue of law that is raised and decided.

July 1, 2022

Precedent - Judgment is a precedent for the issue of law that is raised and decided. read here 2022 SCeJ ...

What is ratio decidendi

What is ratio decidendi has been succinctly explained by this Court in the case of Regional Manager and Another v. ...

Judicial 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, ...

Judicial 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 ...

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.

January 1, 2022

Judicial precedent – Judicial propriety – It is the solemn duty of the court to apply the correct law without ...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

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

January 1, 2022

Judicial precedents - It is unfortunate that the High Court did not consider it necessary to refer to various judicial ...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Judicial precedents – Judicial impropriety – Judicial adventurism

January 1, 2022

Judicial precedents - Judicial impropriety - Judicial adventurism - It is unfortunate, that notwithstanding the authoritative pronouncements of this Court, ...

Judicial precedent – Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.