Practice and Procedure

A collection of 39 posts

Limitation Act

Jyotsna Kanoongo v. Shailendra Kanoongo - Limitation - Condonation of Delay - Service Of Notice

Limitation Act 1963- Section 5 - While considering the cause for delay, it is the sufficient cause which would be of paramount consideration. Neither the length of delay nor the number of days of delay would be relevant. If the cause shown is sufficient, the delay irrespective of length, ought

Criminal Trial

Manojbhai Jethabhai Parmar (Rohit) v. State of Gujarat; 2025 INSC 1433 - Criminal - Practice - Incorporation Of Tabular Charts

Read Judgment In LawLens Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register

Practice and Procedure

Suvej Singh v. Ram Naresh ; 2025 INSC 1405 - Natural Justice - Remand

Read Judgment In LawLens Natural Justice - Earlier view was that in case there were violations of principles of natural justice, the matter was to be remanded for affording opportunity of hearing to the party concerned. However, with the passage of time, the view changed. The idea is to curtail

Practice and Procedure

Deputy Commissioner of Income Tax v. Maxis International Sdn Bhd - SLP Filing After Dismissal Of Similar SLPs

Practice and Procedure - Department is continuously filing Special Leave Petitions such as the present one despite the orders passed earlier by this Court dismissing similar Special Leave Petitions following the decision of this Court in Engineering Analysis Centre of Excellence Private Limited vs. Commissioner of Income Tax - SC

Practice and Procedure

In Re: T. N. Godavarman Thirumulpad vs Union Of India 2025 INSC 1344 - Practice & Procedure - Judiciary

Practice and Procedure - Judiciary - High Courts are not inferior to the Supreme Court. However, as and when, on the judicial side, the Supreme Court is seized of a matter, the High Court is expected to give due respect to the proceedings pending before this Court. (Para 14) Case

Practice and Procedure

Pila Pahan @ Peela Pahan vs State Of Jharkhand - HC - Judgment/Order Uploading

Judiciary - Practice and Procedure- High Courts directed to submit: (i) The existing mechanism evolved by them to bring into the public domain, the date when the judgment is reserved; the date of its pronouncement and the date when it is actually uploaded on the website. (ii) The details of

Practice and Procedure

State Election Commission v. Shakti Singh Barthwal 2025 INSC 1261 - Practice - Court Decorum

Practice and Procedure - Once the Court has indicated its mind and requested the counsel to refrain from further submissions, the same is expected to be respected. Orders are passed by the Court only after due consideration. The Court is always mindful of the submissions advanced and does not dismiss

Practice and Procedure

Pila Pahan @ Peela Pahan vs State of Jharkhand - Judgment Pronouncement - HC Practice

Practice and Procedure - Judgments - High Courts directed to suitably modify their existing practice or formats to ensure that (i) the date when the judgment is reserved; (ii) the date when the judgment is pronounced; and (iii) the date when the judgment is uploaded on the website are clearly

Practice and Procedure

Shivananje Gowda B.N. vs Suralkar Vikas Kishor - Party In Person

Practice and Procedure - High Court closed the contempt proceedings filed by the appellant on the ground that he is unfit to appear as party-in-person as per the Report of the Party-in-Person Committee - Disposing appeal, SC directed: The appellant shall file appropriate application seeking restoration of the contempt case

Indian Evidence Act 1872 : Bharatiya Sakshya Adhiniyam 2023

Rajan vs State of Haryana 2025 INSC 1081 - Evidence - Ocular Evidence - Reasoned Judgment

Evidence - Principles for appreciation of ocular evidence in a criminal case: “I. While appreciating the evidence of a witness, the approach must be whether the evidence of the witness read as a whole appears to have a ring of truth. Once that impression is formed, it is undoubtedly necessary

Practice and Procedure

Ravindra Pratap Shahi v. State of U.P. 2025 INSC 1039 - Delay In Judgment Pronouncement

Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register by clicking here: Read

Practice and Procedure

Sethia Infrastructure Pvt. Ltd. v. Mafatlal Mangilal Kothari 2025 INSC 985 - Restoration Application

Note Sign in to read our notes on this judgment. Register @ citecase.in to subscribe ! Read Judgment Restoration Application - When a Court is dealing with an application for restoration of any matter which is dismissed for nonprosecution and the application for restoration is filed after huge delay, the Court

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Aasif @ Pasha vs. State of U.P. 2025 INSC 944 - S.389 CrPC - Suspension Of Sentence

Note Sign in to read our notes on this judgment. Register @ citecase.in to subscribe ! Read Judgment Code of Criminal Procedure 1973 - Section 389 - When a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of

Criminal

Kaushal Singh Vs State Of Rajashtan 2025 INSC 871 - Bail - Strictures Against Judicial Officers

Kaushal Singh Vs State Of Rajashtan 2025 INSC 871 - Bail - Strictures Against Judicial OfficersKaushal Singh Vs State Of Rajashtan 2025 INSC 871 - Bail - Strictures Against Judicial Officers.pdf324 KBdownload-circle note We make notes on all Supreme Court judgments for our subscribers’ community consisting of judges, lawyers

Practice and Procedure

Arun Kumar Sharma Vs State Of Madhya Pradesh 2025 INSC 826 - Suppression Of Necessary Facts

Practice and Procedure - Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals- [SC dismissed appeal imposing Rs. 50,ooo as costs observing that appellants have suppressed the necessary facts and there is reason to believe

Criminal

Sakhawat vs State of Uttar Pradesh 2025 INSC 777 - Trial Court Records Not To Be Called LCR

Practice and Procedure - The record of the Trial Court should not be referred to as “Lower Court Record”. Describing any Court as a “Lower Court” is against the ethos of our Constitution. (Para 25) Criminal Investigation - The Police are under an obligation to carry out a fair investigation.

Practice and Procedure

Filomena Saldanha Vs Sunil Kohli 2025 INSC 595 - Application For Speaking To The Minutes

Practice and Procedure - Application for Speaking to the Minutes - While setting aside an HC order, SC observed: High Court has treated the application for modifying an order as if it were exercising review jurisdiction, which is impermissible as such applications may only enable courts to correct clerical or

Practice and Procedure

Wikimedia Foundation Inc vs Ani Media Private Limited - SLPs - Bulky Synopsis

Practice and Procedure - Growing tendency in the Supreme Court Bar to file bulky and long synopsis- In many cases, in the synopsis, grounds of challenge are incorporated. Law is pleaded in the synopsis by quoting various decisions relied upon. There is also a tendency to file very bulky Special

Criminal

Munnesh vs State Of Uttar Pradesh - SLP In Bail Matters - Disclosure Of Criminal Antecedents

Practice and Procedure - Henceforth each individual who approaches this Court with a Special Leave Petition (Criminal) challenging orders passed by the high courts/sessions courts declining prayers under Sections 438/439 of the Code of Criminal Procedure, 1973 or under Sections 482/483, Bharatiya Nagrik Suraksha Sanhita shall mandatorily

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Yadwinder Singh vs Lakhi Alias Lakhwinder Singh 2025 INSC 420 - S. 319 CrPC - State's Role In Criminal Matters

Code of Criminal Procedure, 1973 - Section 319 - Scope - Referred to In Sukhpal Singh Khaira v State of Punjab, (2023) 1 SCC 289, Hardeep Singh v State of Punjab, (2014) 3 SCC 92, Shishupal Singh v State of Uttar Pradesh, (2019) 8 SCC 682 and Yashodhan Singh v

Practice and Procedure

Garden Reach Shipbuilders And Engineers Limited vs GRSE Limited Workmens Union 2025 INSC 363 - Roster Power- Chief Justice of High Court

Practice and Procedure - Judiciary - Chief Justice of the High Court, being the primus inter pares, has been vested with the power and authority to set the roster, and such roster is final and binding on all the ‘Companion Justices’ of the said court- Any order which a bench

Practice and Procedure

Supreme Court Bar Association vs State Of Uttar Pradesh 2025 INSC 364 - AOR Practice - Guidelines

Practice and Procedure - (i) Where the Vakalatnama is executed in the presence of the Advocate-on-Record, he shall certify that it was executed in his presence. (ii) Where the Advocate-on-Record merely accepts the Vakalatnama which is already duly executed in the presence of a Notary or an Advocate, he shall

Civil Law

Sports Authority Of India vs Dr. Kulbir Singh Rana 2025 INSC 319 - Compromise Orders

Practice and Procedure - Once the order has been passed on a kind of a compromise or concession given by a party, that party cannot turn back and challenge the order before a higher court, unless it is a case of fraud or deception. (Para 10) 2025 INSC 319 Sports

Practice and Procedure

C.S. Umesh vs T.V. Gangaraju 2025 INSC 298- Practice - For Being Spoken To -Oral Mentioning

Practice and Procedure- Practices of making oral mentions for modification of the orders/judgments by way of a “for being spoken to" deplored - The same cannot be permitted circumventing the legal process of filing a review. (Para 13) 2025 INSC 298 C.S. Umesh vs T.V. Gangaraju

Practice and Procedure

Ismailbhai Hatubhai Patel vs State Of Gujarat - Power Of Attorney - Genuineness

Summary: Chargesheet filed against Lawyer who filed a tenancy case - The allegation is that in connivance with other accused, he filed the tenancy case by showing that the power of attorney was genuine, though it was fabricated - While quashing the criminal proceedings, SC observed: When a litigant claiming