Practice and Procedure

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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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XXX vs State CrA 562 Of 2024 – Protest Petition Captioned As “U/Section 173(8) of Cr.P.C.”

Practice and Procedure – A technicality like the caption of the application/petition could not be an impediment to consider the substance thereof. [ In this case, instead of filing protest petition,the appellant moved an application captioned as “under Section 173(8) of Cr.P.C.”- We fail to understand what prevented the Magistrate from treating that application purportedly …

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State vs Naresh Prasad Agarwal 2024 INSC 120 – Judge Retaining Case File After Demitting Office – Impropriety

Practice and Procedure – On 17th April, 2017, the Single Judge Of High Court pronounced only one line order declaring the operative part. The Judge demitted office on 26th May, 2017 and a detailed judgment was made available only on 23rd October, 2017, nearly 5 months after the Judge demitted the office- SC observed: even …

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Directorate of Enforcement vs Bablu Sonkar 2024 INSC 107 – Practice & Procedure – Roster

Practice and Procedure – Roster notified by the Chief Justice is not an empty formality. All Judges are bound by the same – No Bench can hear a case, unless as per the prevailing roster, the particular case is assigned to the Bench or that the case is specially assigned to the Bench by the …

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JN Puri vs State of Uttar Pradesh 2024 INSC 64 – Restoration Application

Summary: High Court of Uttarakhand dismissed an application for restoration of the writ petition holding that it was submitted with a delay of seven years -Allowing appeal, the SC observed: As a matter of fact, the application for restoration was filed within a period of one month-the appellant still claims to be in possession of …

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