Practice and procedure Archives | Page 2 of 4

Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order

The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.

Case Briefs Supreme Court

Section 138 NI Act| Conviction cannot be confirmed once parties enter into MoU for amicable settlement of dispute: Supreme Court

The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.

Case Briefs Supreme Court

Evidence can be appreciated best only when it is recorded in the language of the witness: Supreme Court

The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.

Case Briefs Supreme Court

Supreme Court calls out Rajasthan High Court for making ‘unwarranted observations’ while deciding a murder case remitted to it

It was observed that judicial discipline required that once the conviction was confirmed by the Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case.

Case Briefs High Courts

Karnataka HC | Memorandum of settlement arrived during divorce proceedings cannot be questioned on the ground of husband’s re-marriage, unless an element of fraud is involved

The Karnataka High Court strictly admonished the petitioner for abusing every jurisdiction of law but refused to impose exemplary costs as the same would only increase the agony of the petitioner, whose marriage was annulled albeit with consent.

Case Briefs Supreme Court

Disability adds to discrimination faced by persons from society’s marginalised sections; Courts must award motor accident compensation liberally: SC

Supreme Court observed that the persons from marginalised sections of the society already face severe discrimination due to a lack of social capital, and a new disability more often than not compounds to such discrimination.

Case Briefs High Courts

First-year law student appears as proxy counsel before Trial Court; Delhi High Court quashes FIR but after cautioning law students from indulging in such acts

The Delhi High Court observed that a law student shall not represent a party or provide legal counsel in any legal proceeding before a court of law before being properly enrolled by a bar council and being admitted to the bar.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines

On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.

Legal RoundUp Supreme Court Roundups

Supreme Court November 2022| CJI Chandrachud’s to-do list; EWS Quota; Kathua and Chhawla gangrape-murder cases; Rajiv Gandhi assassination case; Never Reported Judgments; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.

Case Briefs High Courts

Gauhati HC refuses to consider a ‘scientific-minded’ advocate’s petition challenging constitutionality of administering oath in the name of God

Gauhati High Court: While deciding this interesting writ petition praying for the issuance of the writ of Mandamus directing to

Case Briefs Supreme Court

Judicial order cannot be passed on application requesting hearing of review by a particular judge; It’s Chief Justice’s administrative call: SC

Supreme Court: In an interesting question raised before it that compelled the bench of Aniruddha Bose and Vikram Nath*, JJ to reserve

Case Briefs High Courts

J&K and Ladakh HC | To prevent the “frittering away of the fruits of compromise” HC can quash proceedings for non-compoundable offences if parties have arrived at a settlement

Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein the Court was faced with the issue

Case Briefs Supreme Court

Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers

“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”

Case Briefs Supreme Court

Explained| Can an independent counter claim under Order VIII Rule 6A CPC having nothing to do with the plaintiffs be allowed?

Supreme Court: The 3-judge bench of UU Lalit, S. Ravindra Bhat and Sudhanshu Dhulia*, JJ has held that a counter claim under

Case Briefs High Courts

Merely showing existence of another reasonable interpretation not sufficient to allow for interference; Punjab and Haryana HC refuses to interfere with arbitration award

Punjab and Haryana High Court: While dismissing the appeal preferred by the appellant challenging the order dated 12-12-2018 passed by the Additional

Case Briefs High Courts

When can Courts dispense off with the requirement of notice u/s. 80, CPC? J&K and Ladakh HC elucidate

Jammu and Kashmir and Ladakh High Court: While deciding the instant appeal wherein substantial questions of law were raised vis-a-vis SectionS 80,

Case Briefs Supreme Court

Supreme Court cannot entertain territorial jurisdiction related pleas under Section 25 of CPC

Supreme Court: In a case where the single bench of JK Maheshwari, J was posed with the question as to whether the

Case Briefs Supreme Court

Explained| Why has the legislature left it open for the plaintiff to value his claim for the six categories of the suit falling under Section 7(iv) of the Court Fees Act, 1870?

Supreme Court: In case relating to court fees, the bench of Dinesh Maheshwari and Vikram Nath*, JJ had the occasion to explains

Case Briefs Supreme Court

HC spends 9 months on deciding appeal from an ‘unappealable’ adjournment order. SC imposes Rs. 5 Lakhs exemplary cost on litigant for wasting ‘precious judicial time’

Supreme Court: In a trade mark infringement case where interlocutory injunction was sought during the pendency of the suit, the bench of

Case Briefs Supreme Court

How will the higher Court know why review jurisdiction was exercised? Courts must mention what was that error apparent on the face of the record: SC

Supreme Court: In the case where the division bench of Madhya Pradesh High Court allowed a review petition by merely stating that