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Practice and Procedure

A collection of 39 posts

Dhanlaxmi Urf Sunita Mathuria vs State Of Rajasthan 2025 INSC 196 - Court Proceedings - Humiliation

Practice and Procedure - During court proceedings, many statements are made and questions are posed which may make a person uncomfortable, but all such statements or questions cannot be misconstrued as humiliating a person. After all, it is the duty of the Court to reach the truth of the matter

Practice and Procedure

Harmanpreet Singh vs State Of Punjab - SC Rules - Impleading Application

Practice and Procedure - Unless the applicant (in impleading application) is permitted to be impleaded by the Court and unless he was permitted to file counter affidavit or the documents, the concerned Section/Branch of the Registry could not accepted the counter affidavit or the documents from the proposed party,

Akashdeep Cold Storage Pvt Ltd Vs Banaskantha District Cooperative Milk Producers Union Limited - Delay - Court Proceedings - Early Hearing

Practice and Procedure - If a proceeding before the Court of law gets delayed for no fault on the part of the litigant, the Court cannot find fault with the litigant on the ground that he did not apply for early hearing. (Para 3) Akashdeep Cold Storage Pvt Ltd Vs

Marippan vs State 2025 INSC 163 - Observation Against Third Party

Practice and Procedure - In this case, HC made an observation "… If this Petition is allowed, the Petitioners’ son will spoil women of marriageable age in the same manner…" - SC expunged this and observed: High Court has said what it did, without any notice/opportunity to the

D.M. Jagadish vs Bangalore Development Authority 2025 INSC 157 - Practice and Procedure - Natural Justice

Practice and Procedure - HC single bench allowed writ petitions thereby quashing the acquisition - Allowing appeal, HC Division Bench upheld it - Allowing appeal, SC observed: The approach of the Division Bench in relying on the affidavit of the authority and closing the matter on the same day, without

State Of Uttar Pradesh vs Anup Singh - Registry - Deletion Of Case In Cause List

Practice and Procedure - Cause list is of the Court and not of the Registry. There is a sanctity to the cause list - Even if a case is listed by mistake, the Registry must seek permission of the concerned Hon’ble Judges for deletion of a case- The fact

Practice and Procedure

Jasminbhai Bharatbhai Kothari vs State Of Gujarat 2025 INSC 172 - Order XXII Rule 5 SC Rules - Exemption From Surrendering

Supreme Court Rules, 2013 - Order XXII Rule 5 - An application seeking exemption from surrendering cannot be entertained or listed before the Judge-in-Chambers in any special leave petition, except where the petitioner has been sentenced to a term of imprisonment. (Para 10) Jasminbhai Bharatbhai Kothari vs State Of Gujarat

Union Of India Vs Ex. Hav. Attar Singh - Appeals Against AFT - Policy

Practice and Procedure - Several appeals are being filed by the Union of India in this Court challenging the orders of the Armed Forces Tribunal wherein the benefit of disability pension has been granted to the members of the armed forces when they are invalidated after working for several years.

State Of Madhya Pradesh vs Dileep - SC Rules - Senior Designation - AOR

Practice and Procedure

State Of Madhya Pradesh vs Dileep - SC Rules - Senior Designation - AOR

Supreme Court Rules 2013 - Rule 18 of Order IV - Rule 18 incorporates a mandatory provision that a Senior Advocate, so designated, shall not appear as a Senior Advocate till he reports to the Registry that the parties represented by him earlier have been so informed of his designation

Practice and Procedure

Surendra G. Shankar vs Esque Finamark Pvt. Ltd 2025 INSC 102 - Practice and Procedure

Practice and Procedure - Real Estate Appellate Tribunal refused to condone the delay in preferring the appeals - In appeal , HC commented on merits - Allowing appeal, SC observed: When merits of the orders impugned in the appeal was not touched upon by the Appellate Tribunal, the High Court ought

Practice and Procedure

Jagatpal Verma Vs State Of Uttar Pradesh - Pleadings

Practice and Procedure - In pleadings, the law should never be pleaded. It will be appropriate if members of the Bar avoid filing such bulky applications in support of simple prayer. Jagatpal Verma Vs State Of Uttar Pradesh Jagatpal Verma Vs State Of Uttar Pradesh .pdf60 KBdownload-circle

Practice and Procedure

Maxim India Integrated Circuit Design (P) Ltd. vs Andappa (D) 2025 INSC 17 - Litigation

Practice and Procedure -If a litigant did not come to the Court with clean hands, he is not entitled to be heard and indeed such a person is not entitled to any relief from any judicial forum. (Para 11) Maxim India Integrated Circuit Design (P) Ltd. vs Andappa (D) 2025

Practice and Procedure

Sonu Agnihotri Vs Chandra Shekhar 2024 INSC 888 - Personal Criticism Of Judges In Judgments

Practice and Procedure - Personal criticism of Judges or recording findings on the conduct of Judges in judgments must be avoided- The superior courts exercising such powers can set aside erroneous orders and expunge uncalled and unwarranted observations. While doing so, the superior courts can legitimately criticise the orders passed

Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Limited vs Bapuna Alcobrew Private Limited 2024 INSC 829 - Interim Relief - S 17 Limitation Act - Res Judicata

Practice and Procedure- Interim Relief -Once an interim order is passed in a suit or a proceeding, the interim relief granted to the party seeking interim relief could either be confirmed or vacated at the time of final disposal of the suit or proceedings, as the case may be. If