Practice and Procedure

 In Re: Remarks By High Court Judge During Court Proceedings – Live Streaming – Court Proceedings

Live Streaming – Livestreaming has provided fresh sunlight. The answer to sunlight is to provide more sunlight. All stake holders in the judicial system, including judges, lawyers and parties in person, have to be conscious of the fact that the reach of judicial proceedings extends beyond those who are physically present. The reach of judicial …

 In Re: Remarks By High Court Judge During Court Proceedings – Live Streaming – Court Proceedings Read More »

Bhagwan Singh vs State Of UP 2024 INSC 708 – Supreme Court AoRs – Practice & Procedure

Practice and Procedure –Supreme Court– Advocates on-Record may mark the appearances of only those Advocates who are authorized to appear and argue the case on the particular day of hearing. Such names shall be given by the Advocate on Record on each day of hearing of the case as instructed in the Notice. If there …

Bhagwan Singh vs State Of UP 2024 INSC 708 – Supreme Court AoRs – Practice & Procedure Read More »

PIC Departmentals Pvt. Ltd. vs Sreeleathers Pvt. Ltd. 2024 INSC 654 – Written Statement –

Rules of The High Court at Calcutta (Original Side), 1914: Chapter XXXVIII Rule 463 – The power to extend time for filing Written Statement should not be employed as a matter of course, but with great caution so that the purpose of the procedural statute is not defeated and unscrupulous litigants do not abuse the …

PIC Departmentals Pvt. Ltd. vs Sreeleathers Pvt. Ltd. 2024 INSC 654 – Written Statement – Read More »

In Re Order Of Punjab And Haryana High Court Dated 17.07.2024 And Ancillary Issues 2024 INSC 594

Summary: Suo Moto proceedings initated against observation made by P&H HC judge Justice Rajbir Sehrawat – SC Observed ▶Compliance with the orders passed by the Supreme Court is not a matter of choice, but a matter of bounden constitutional obligation, bearing in mind the structure of the Indian legal system and the authority of the …

In Re Order Of Punjab And Haryana High Court Dated 17.07.2024 And Ancillary Issues 2024 INSC 594 Read More »

State Of West Bengal vs Ganesh Roy – Summoning Of Govt. Officer

Practice and Procedure – Summoning of Govt. Officers – In exceptional cases, if the Court finds that the presence of Government Officer is necessary, then at the first instance, such appearance is permitted through video conferencing- Court should also record its reasons as to why the personal presence of the Government Officer in the Court …

State Of West Bengal vs Ganesh Roy – Summoning Of Govt. Officer Read More »

Sachin Kumar vs State Of Uttarakhand CrA 1843 Of 2024 – Change Of Empanelled Advocates

Practice and Procedure – States/Union Territories have power to change their empanelled Advocates, but while doing so, they must ensure that the Court’s functioning is not adversely affected – States/Union Territories while changing the panel of Advocates to continue the old panel for at least 06 weeks so that the Courts are not forced to …

Sachin Kumar vs State Of Uttarakhand CrA 1843 Of 2024 – Change Of Empanelled Advocates Read More »

Jaipur Vidyut Vitran Nigam vs Adani Power Rajasthan 2024 INSC 213 -Maintainability Of Post Disposal Application For Modification & Clarification

Practice and Procedure – Miscellaneous Applications – A post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by this Court is executory in nature and the directions of the Court may become impossible to be implemented because of subsequent events or developments …

Jaipur Vidyut Vitran Nigam vs Adani Power Rajasthan 2024 INSC 213 -Maintainability Of Post Disposal Application For Modification & Clarification Read More »

Sakhawat vs State Of Uttar Pradesh SLP(Crl) 1936 Of 2019 – Trial Courts Not To Be Referred AS ‘Lower Courts’

Practice and Procedure – It will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts’. Even the record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred as the Trial Court Record (TCR). Notes “Though Constitution uses …

Sakhawat vs State Of Uttar Pradesh SLP(Crl) 1936 Of 2019 – Trial Courts Not To Be Referred AS ‘Lower Courts’ Read More »

Asiya Khan vs State Of UP CrA 824 Of 2024 – Maintenance Cases – State Role

Practice and Procedure – The approach of the State of taking the side of the husband in a maintenance case, to say the least, is very strange. In fact, the learned counsel, who appeared for the State was under a duty and obligation to act as an officer of the Court and to assist the …

Asiya Khan vs State Of UP CrA 824 Of 2024 – Maintenance Cases – State Role Read More »

KKSSR Ramachandran vs State – Practice & Procedure – Roster

Practice and Procedure- Roster – Due weightage must be given to protect the purity of the judicial process, particularly when departure from the usual process of assignment of case by the Chief Justice is noticed – Justice should not only be done but seen to have been done. The fairness and the transparency in the …

KKSSR Ramachandran vs State – Practice & Procedure – Roster Read More »