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Practice and procedure

Case BriefsSupreme Court

HC spends 9 months on deciding appeal from an ‘unappealable’ adjournment order. SC imposes Rs. 5 Lakhs exemplary cost on litigant for wasting ‘precious judicial time’

Supreme Court: In a trade mark infringement case where interlocutory injunction was sought during the pendency of the suit, the bench of

Published on March 28, 2022May 18, 2022By Prachi Bhardwaj
1 Comment2993 views
Case BriefsSupreme Court

How will the higher Court know why review jurisdiction was exercised? Courts must mention what was that error apparent on the face of the record: SC 

Supreme Court: In the case where the division bench of Madhya Pradesh High Court allowed a review petition by merely stating that

Published on March 23, 2022March 25, 2022By Prachi Bhardwaj
Leave a comment3266 views
Case BriefsSupreme Court

Explained| Grant of Leave to Defend: The best approach 

Supreme Court: The bench of Vineet Saran and Dinesh Maheshwari*, JJ has explained the law relating to grant of unconditional leave to

Published on January 20, 2022January 21, 2022By Prachi Bhardwaj
Leave a comment13015 views
Case BriefsSupreme Court

Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC 

Supreme Court:  Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ

Published on December 14, 2021December 17, 2021By Prachi Bhardwaj
Leave a comment3406 views
Case BriefsSupreme Court

Parties can’t play fraud with the Court by suppressing details of related previous or ongoing legal proceedings: SC

Supreme Court: In a case where the party, in a subsequent petition seeking same relief, had not disclosed the filing of the

Published on December 11, 2021December 17, 2021By Prachi Bhardwaj
Leave a comment33909 views
Case BriefsSupreme Court

Deficiencies in Criminal Trials and pendency of cases| Supreme Court directs all High Courts to adopt the Draft Rules of Criminal Practice, 2021

Supreme Court: After noticing common deficiencies which occur in the course of criminal trials and certain practices adopted by trial courts in

Published on April 21, 2021April 23, 2021By Prachi Bhardwaj
1 Comment5568 views
Case BriefsSupreme Court

Explained: What happens to a petition filed under wrong nomenclature?

Supreme Court:  The 3-judge bench of Ashok Bhushan, SA Nazeer and Hemant Gupta*, JJ has reiterated that the nomenclature under which the

Published on April 8, 2021April 8, 2021By Prachi Bhardwaj
Leave a comment7029 views
Case BriefsSupreme Court

‘Reasoned Judgment must be passed alongwith the operative order’; SC asks NCDRC President to discontinue the upsetting trend of delayed reasoned orders

“The rights of the aggrieved parties are being prejudiced if the reasons are not available to them to avail of the legal remedy of approaching the Court where the reasons can be scrutinized.”

Published on February 20, 2021February 26, 2021By Prachi Bhardwaj
Leave a comment3673 views
Case BriefsSupreme Court

Activist with “an urge to positively contribute to the society” files plea u/s 482 CrPC seeking expedition of a criminal trial. ‘You have no locus standi’, holds SC

Supreme Court: The 3-judge bench of Ashok Bhushan*, R. Subhash Reddy and MR Shah, JJ has reiterated that an application by a

Published on December 17, 2020December 25, 2020By Prachi Bhardwaj
Leave a comment3065 views
Case BriefsSupreme Court

Impressed with Convenience Note filed by Chhattisgarh’s Standing Counsel, SC asks all Standing Counsels to take it as Standard Format. Here’s the Note

Supreme Court: Appreciating the presentation made by State of Chhattisgarh’s Standing Counsel Sumeer Sodhi by filing a Convenience Note, the 3-judge bench

Published on December 11, 2020December 17, 2020By Prachi Bhardwaj
Leave a comment5433 views
Case BriefsSupreme Court

You don’t have a right to walk in here as and when you please: SC to Govt seeking condonation of 1697 days’ delay

Supreme Court: In a case where, for the enormous delay of 1697 days in filing, the Government said that there was a

Published on June 20, 2020June 26, 2020By Prachi Bhardwaj
Leave a comment2468 views
Op EdsOP. ED.

Practice and Procedure Relating to Proof of Documents 

by Karl Shroff*

Published on April 29, 2020July 14, 2020By Bhumika Indulia
3 Comments109345 views
Case BriefsSupreme Court

‘Conditional’ leave to defend may be granted in case of doubt regarding the genuineness of defence in summary suits

Supreme Court: On the question relating to the power of the court to grant leave to defend in case of sham or

Published on July 16, 2019July 18, 2019By Prachi Bhardwaj
Leave a comment11205 views
Case BriefsHigh Courts

Court cannot quash criminal proceedings under Section 482 CrPC relying on assumptions

Orissa High Court: While deciding the issue that whether it would be proper to quash the criminal proceedings against the petitioner in

Published on April 21, 2018June 19, 2018By Saba
Leave a comment4642 views
Case BriefsHigh Courts

Once FIR is quashed under Section 482 CrPC, no inference should be drawn to impute any adverse antecedents thus depriving an individual from seeking public employment

Tripura High Court: While deciding upon the present writ petition wherein the petitioner’s appointment in Group- D post was cancelled by the

Published on April 20, 2018June 19, 2018By Saba
1 Comment6813 views
Case BriefsHigh Courts

While dealing with a prayer for rejection of counter-claim, Court must examine whether rejection would have the effect of striking off the defence

  Hyderabad High Court: In the instant appeal, the question arose that whether a counter-claim can be rejected in terms of Order

Published on January 29, 2018By Saba
Leave a comment10349 views
Case BriefsSupreme Court

Principles governing exercise of inherent power under Section 482 CrPC summarised

Supreme Court: The 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ, explaining the principles governing the

Published on October 4, 2017October 6, 2017By Prachi Bhardwaj
1 Comment9541 views
Case BriefsSupreme Court

Guidelines issued for amending the Criminal Manuals for removing inadequacies and deficiencies in criminal trials

Supreme Court: Taking Suo Motu cognizance in respect of inadequacies and deficiencies in criminal trials, the bench of S.A. Bobde and L.

Published on March 30, 2017April 10, 2017By Prachi Bhardwaj
Leave a comment6888 views
Case BriefsHigh Courts

In dowry cases, general & vague allegations cannot be treated as sufficient material to prosecute husband’s relatives

Madhya Pradesh High Court: In the instant case filed for the quashment of criminal proceedings initiated against the applicants under Sections 498-A

Published on March 20, 2017March 20, 2017By Saba
Leave a comment8727 views
Case BriefsSupreme Court

A review application, regard being had to its limited scope, has to be disposed of as expeditiously as possible

Supreme Court: In the case where the review petition preferred in 2012, was kept pending for almost four years and, thereafter, the

Published on March 10, 2017March 31, 2017By Prachi Bhardwaj
Leave a comment6883 views

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