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 …
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 …
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 …
Directorate of Enforcement vs Bablu Sonkar 2024 INSC 107 – Practice & Procedure – Roster Read More »
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 …
JN Puri vs State of Uttar Pradesh 2024 INSC 64 – Restoration Application Read More »
Prevention of Money Laundering Act, 2002 ; Section 45 First Proviso -The use of the expression “may be” in the first proviso to Section 45 clearly indicates that the benefit of the said proviso to the category of persons mentioned therein may be extended at the discretion of the Court considering the facts and circumstances …
Saumya Chaurasia vs Directorate of Enforcement 2023 INSC 1073 – S 45 PMLA – Bail Read More »
Before we come to this query, it is important to read the Supreme Court judgment in Jogendrasinhgji Vikaysinhji vs State Of Gujarat, (2015) 9 SCC 1 especially the following observations: Civil courts, which decide matters, are courts in the strictest sense of the term. Neither the court nor the Presiding Officer defends the order before the superior court it …
Should Arbitrator Be Made A Party In Petitions Under S 34/37 Arbitration Act? Read More »
Today, one young lawyer asked us about a ‘method’ to know whether a law laid down in judgment stands overruled? In our view, the only way out is to do caselaw research. Some Legal Research Websites like Manupatra and SCCOnline may be helpful in this regard, but only to some extent. If you want to …