Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, but to enforce the order.In the instant case,. The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure. Therefore, this Court is left with no other option to allow the application by directing the respondents to first purge the contempt.” The court further observed: “Wilful disobedience, no doubt, invites wrath of penal action as envisaged in the said provision, hence, where any action is done in violation of a order or stay or injunction, it is the duty of the Court, as a policy, to set the wrong right and not to allow perpetuation of the wrong doing. It is a curative provision and its purpose is to ensure that the direction of the Court is implemented, disobedience of order is remedied and status quo ante is restored.” The court, directing the parties to purge the contempt by demolishing the structure raised during the pendency of the appeal, observed: “It is not only the power but the duty of the Court to uphold and maintain the dignity of courts and majesty of law even though the same may call for extreme step.”

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History of this topic

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead
3 months, 2 weeks ago

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead

Live Law  

The Karnataka High Court has set aside one month's civil imprisonment term imposed on a cancer patient for the willful disobedience of the Court, instead it directed him to pay Rs 3 lakh fine. It said, “since the appellant is suffering from cancer and taking note of mental agony on the plaintiffs, it is appropriate to award a fine of …

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments
Trending News
4 months ago

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments

India TV News  

In a significant legal development, the Supreme Court has partially stayed the Himachal Pradesh High Court’s order, which had annulled the appointment of six parliamentary secretaries in the state. The Himachal Pradesh government had filed an appeal against the High Court's order, which had declared the appointments of the six parliamentary secretaries as illegal, ruling that these positions violated constitutional …

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court
4 months, 1 week ago

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances …

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 3 weeks ago

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

Live Law  

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal …

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court
7 months, 1 week ago

Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court, in a recent judgment held that though the justice-oriented approach in dealing with condonation of delay is liberal, it cannot be used to defeat the provisions of substantial law. Justice Dua reiterated the principle put forward by the Apex Court that “in order to advance substantial justice, though liberal, justice-oriented approach and cause of substantial …

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court
7 months, 2 weeks ago

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court

The Hindu  

A Bench led by Chief Justice of India D.Y. A video capturing the comments by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, in court, was widely circulated on social media, compelling the Chief Justice of India to urge judges to exercise restraint and responsibility while making observations in the course of court proceedings. Although Attorney General R. …

SC bench to hear Punjab HC’s criticism of its order
7 months, 3 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance
7 months, 3 weeks ago

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance

New Indian Express  

NEW DELHI: In an unusual move, the Punjab and Haryana High Court has criticised a stay order issued by the Supreme Court, leading the top court to take suo motu cognisance of the matter. The case titled 'In Re: Order of Punjab and Haryana High Court Order of July 17, 2024 and Ancillary Issues' will be heard by a bench …

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail
9 months ago

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail

Op India  

On Monday, the Supreme Court refused to grant immediate relief to Delhi Chief Minister Arvind Kejriwal in his bid to reverse the High Court’s interim stay on a bail order given by a lower court last week. In place of issuing an order on Kejriwal’s plea today, the Supreme Court chose to defer it till June 26 to await the …

HP High Court Convicts HPSEBL Law Officer For Contempt, Sentences Him To Civil Imprisonment Till Rising Of Court
10 months, 1 week ago

HP High Court Convicts HPSEBL Law Officer For Contempt, Sentences Him To Civil Imprisonment Till Rising Of Court

Live Law  

The Himachal Pradesh High Court on Thursday convicted a Law Officer of the Himachal Pradesh State Electricity Board for contempt of court. Vardhman Ispat Udyog had obtained a stay order from the High Court on the operation of the Ombudsman's order. Vardhman Ispat Udyog then initiated contempt proceedings against Mr. Saklani, arguing that his actions amounted to a deliberate violation …

Himachal news: High Court refers 3 Independent MLAs’ resignation case to third judge
10 months, 2 weeks ago

Himachal news: High Court refers 3 Independent MLAs’ resignation case to third judge

Live Mint  

A two-member bench of the Himachal Pradesh High Court on Wednesday referred to a third judge the case of three Independent MLAs who want the assembly Speaker to accept their resignations. But the division bench comprising Chief Justice M S Ramachandra Rao and Justice Jyotsna Rewal Dua offered differing views on whether the court can issue directions to the Speaker …

Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP
11 months, 1 week ago

Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP

Live Law  

The Supreme Court on Friday stayed the order of the Himachal Pradesh High Court which directed the transfer of Superintendent of Police, Kangra District. The High Court in the impugned order refused to recall its earlier directions on transferring Kangra SP Shalini Agnihotri and DGP Sanjay Kundu. It may be recalled that the Apex Court in January had set aside …

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts
11 months, 3 weeks ago

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts

The Hindu  

The High Court of Karnataka has admonished the authorities of the State government for consistently passing orders of externment of persons by “blatantly and blissfully ignoring” the provisions of the Karnataka Police Act, 1963, and in deliberate violation of the directions issued in a series judgements by the High Court and the Supreme Court. Making it clear that “Any repetition …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Don’t hold up trials without stay order: HC to lower courts
1 year, 4 months ago

Don’t hold up trials without stay order: HC to lower courts

Hindustan Times  

The Punjab and Haryana high court has directed the lower courts in Punjab, Haryana and Chandigarh to continue with trial court proceedings unless there is a specific order of stay in the matter in question. The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on …

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
1 year, 5 months ago

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Live Law  

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons. Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally non-speaking orders’ and the …

Andhra Pradesh High Court Sentences IAS Officer To Two Weeks Imprisonment For Willful Defiance Of Court Orders
1 year, 8 months ago

Andhra Pradesh High Court Sentences IAS Officer To Two Weeks Imprisonment For Willful Defiance Of Court Orders

Live Law  

The Andhra Pradesh High Court has sentenced IAS officer Praveen Kumar, who was the Collector of Visakhapatnam in 2017, and ordered him to pay a fine of Rs 2000 for wilful defiance of court orders. Subrahmanyam, counsel for the petitioner, contented that despite his right being identified and upheld by the High Court on two different occasions, the Collector had …

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody
1 year, 11 months ago

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody

The Hindu  

The Supreme Court on April 20 directed the forthwith release of two senior IAS officers with the Uttar Pradesh administration, Shahid Manzar Abbas Rizvi and Sarayu Prasad Mishra, from judicial custody in a contempt of court case. A Bench headed by Chief Justice of India D. Y. Chandrachud, on an urgent mentioning by the Uttar Pradesh government, immediately stayed the …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 11 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

Supreme Court Disapproves Of Uttarakhand High Court Approach In Disposing Matters In Same Format
2 years, 1 month ago

Supreme Court Disapproves Of Uttarakhand High Court Approach In Disposing Matters In Same Format

Live Law  

The Supreme Court last week strongly disapproved of the practice of disposing of various criminal writ petitions by passing same-format orders, saying, “This approach of the High Court only burdens this court, and we thus cannot commend on the manner of disposal of the petitions in this manner.” A bench of Justices Sanjay Kishan Kaul and Manoj Misra was hearing …

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
2 years, 2 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

'Attempt To Threaten Judges With Contempt Pleas Unacceptable': Madhya Pradesh High Court Warns Litigants Against 'Adventurism'
2 years, 5 months ago

'Attempt To Threaten Judges With Contempt Pleas Unacceptable': Madhya Pradesh High Court Warns Litigants Against 'Adventurism'

Live Law  

Deprecating the practice of bringing "every wrong order" passed by trial courts under contempt jurisdiction, the Madhya Pradesh High Court has observed that trying to threaten judges with contempt pleas will not be accepted. Pulling up four litigants for making 'reckless allegations' against a trial court judge, a division bench comprising of Chief Justice Ravi Malimath and Justice Vishal Mishra …

"Incumbent Upon Govt Servants To Promptly Comply With Judicial Orders": Andhra Pradesh HC Sentences 3 IAS Officers To One Month Jail For Contempt
2 years, 10 months ago

"Incumbent Upon Govt Servants To Promptly Comply With Judicial Orders": Andhra Pradesh HC Sentences 3 IAS Officers To One Month Jail For Contempt

Live Law  

The Andhra Pradesh High Court recently sentenced 3 IAS officers to one month jail for contempt of court while observing that it is incumbent on Government servants to ensure that the orders of this Court are complied with promptitude. By an order in 2019, the court had directed the respondents to consider the candidature of the petitioner to the said …

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court
2 years, 11 months ago

Correctness Of Judicial Order Said To Be Wilfully Disobeyed Can't Be Decided In Contempt Proceedings: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that a Court exercising contempt jurisdiction cannot test correctness or otherwise of the order or give additional direction or delete any direction. " Brief facts of the case The Contempt Case was filed under Sections 10 to 12 of the Contempt of Courts Act, 1971 by petitioners for wrongful disobedience of the order …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 11 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Third Party Not Absolved From Contempt If They Are Informed That Their Conduct Amounts To Violation Of Court Order: Delhi High Court
2 years, 11 months ago

Third Party Not Absolved From Contempt If They Are Informed That Their Conduct Amounts To Violation Of Court Order: Delhi High Court

Live Law  

The Delhi High Court on Tuesday observed that disobedience of an order of the Court, if permitted, will result in striking at the root of the rule of law on which our system of governance is based. The Bench was dealing with a contempt petition filed for wilful disobedience of the Order dated 14.03.2012, passed by the High Court in …

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction
3 years ago

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction

Live Law  

A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for. A …

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case
3 years, 1 month ago

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

Live Law  

While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not …

Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment
3 years, 7 months ago

Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment

Live Law  

The Supreme Court doubted the correctness of its earlier judgment that had held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires not "mere disobedience" but "wilful disobedience.A bench comprising Justices RF Nariman and BR Gavai made this observation in the Amazon-Future Retail case.Rule 2-A is primarily intended to enforce orders passed under Order XXXIX, Rules 1 …

Supreme Court Stays Order Sentencing Major General of Indian Army And Defence Estates Officer To Civil Imprisonment
4 years ago

Supreme Court Stays Order Sentencing Major General of Indian Army And Defence Estates Officer To Civil Imprisonment

Live Law  

The Supreme Court on Thursday stayed the execution of an order sentencing a Major General of Indian Army and Defence Estates officers to civil imprisonment for 2 months for alleged violation of a decree in a civil suit.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian passed the order after a mentioning was made by Solicitor General Tushar …

'I Had To Use Tiger Balm After Reading It', Says Justice MR Shah Over 'Incomprehensible' High Court Judgment
4 years ago

'I Had To Use Tiger Balm After Reading It', Says Justice MR Shah Over 'Incomprehensible' High Court Judgment

Live Law  

The Supreme Court on Friday expressed its displeasure at the incomprehensible manner in which judgments are coming to be written by High Courts. The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing a SLP arising out of an order passed by a division bench of the Himachal Pradesh High Court in a writ petition under Article …

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court
4 years, 2 months ago

Court's Order Which Cannot Be Complied With Practically, Would Not Amount To Contempt: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court on Wednesday observed that an implementing party could not be made liable for proceedings under the Contempt of Court Act, for non-compliance of a judicial order, if such an order cannot be complied with, practically. The Bench of Justice Augustine George Masih observed, " there is an automatic provision of the erasing of the …

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]
4 years, 7 months ago

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]

Live Law  

The Supreme Court on Friday rapped a local Court in Madhya Pradesh for its failure to complete trial in a rape case, despite explicit orders to do so within six months. The bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna rejected the explanation rendered by the Trial Court with regard to hearing of only urgent cases amid the …

Court's Proceedings Are Sacrosanct And Should Not Be Polluted By Unscrupulous Litigants: Himachal Pradesh HC [Read Judgment]
4 years, 8 months ago

Court's Proceedings Are Sacrosanct And Should Not Be Polluted By Unscrupulous Litigants: Himachal Pradesh HC [Read Judgment]

Live Law  

Court's proceedings are sacrosanct and should not be polluted by unscrupulous litigants, remarked the Himachal Pradesh High Court recently. The bench comprising of Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua observed thus while dismissing two writ petitions. While dismissing the writ petitions, the bench further observed: "The judicial system has been abused and virtually brought to its knees by …

Calcutta HC Recommends Action Against District Judge For Material Irregularity In Judicial Order [Read Judgment]
5 years, 2 months ago

Calcutta HC Recommends Action Against District Judge For Material Irregularity In Judicial Order [Read Judgment]

Live Law  

In a notable development, the Calcutta High Court has recommended administrative action against a District Judge for material irregularity and impropriety in a judicial order. While considering the appeal filed against the order of the District Judge, a single bench of the Calcutta HC observed that the order was passed with material irregularities. The bench also noted the District Judge …

A Person Can Be Held Guilty For Violation Of Injunction Only When Disobedience Was Willful: SC [Read Judgment]
5 years, 8 months ago

A Person Can Be Held Guilty For Violation Of Injunction Only When Disobedience Was Willful: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a person can be held guilty of willful disobedience of the Order XXXIX Rule 2A of the Code of Civil Procedure, not for mere "disobedience" but only for "willful disobedience. "In this case, the Trial Court passed an order of injunction and restrained Surendranath from passing off the goods by using trade mark "Mambally's …

Section 482 Cr.P.C :Recent Supreme Court Judgments
5 years, 9 months ago

Section 482 Cr.P.C :Recent Supreme Court Judgments

Live Law  

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. Petition For Quashing FIR Can Be Entertained …

Juvenile Justice: Judgment Passed By Single Member Of The Juvenile Justice Board Is Void Ab Initio, Holds Himachal Pradesh HC [Read Judgment]
5 years, 9 months ago

Juvenile Justice: Judgment Passed By Single Member Of The Juvenile Justice Board Is Void Ab Initio, Holds Himachal Pradesh HC [Read Judgment]

Live Law  

High Court of Himachal Pradesh held in State of Himachal Pradesh v. Happy that judgment passed by a single member of the Juvenile Justice Board is void ab initio as per the provisions of the Juvenile Justice Act. It said that the Principal Magistrate could not have finally disposed of the case in contravention of the provisions of the Juvenile …

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, …

It Is The Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely: Himachal Pradesh HC [Read Judgment]
7 years, 8 months ago

It Is The Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely: Himachal Pradesh HC [Read Judgment]

Live Law  

‘It is often said that litigation in this country, particularly on the Civil side, commences only after obtaining a decree while executing,’ it said.Justice Tarlok Singh Chauhan of the Himachal Pradesh High Court, while disposing of a second appeal, made a pertinent observation with regard to the avoidable delay occurring in the matter of disposing civil cases. ‘It is often …

It Is The Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely: Himachal Pradesh HC [Read Judgment]
7 years, 8 months ago

It Is The Duty Of Court To Ensure That Decree Holder Doesn’t Suffer Indefinitely: Himachal Pradesh HC [Read Judgment]

Live Law  

‘It is often said that litigation in this country, particularly on the Civil side, commences only after obtaining a decree while executing,’ it said.Justice Tarlok Singh Chauhan of the Himachal Pradesh High Court, while disposing of a second appeal, made a pertinent observation with regard to the avoidable delay occurring in the matter of disposing civil cases. ‘It is often …

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]
7 years, 8 months ago

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]

Live Law  

In a curious case entangled in strange set of facts, a Division Bench of the Kerala High Court comprising Justices P.N Ravindran and Justice Dama Sheshadri Naidu had occasion to explain the doctrine of ‘law of case’, which deals with the binding nature of previous orders in subsequent stages of a case.A civil contractor had two arbitral awards passed in …

SC Sets Aside HC Judgment Because Of Poor English [Read SC Order & HC Judgment]
7 years, 11 months ago

SC Sets Aside HC Judgment Because Of Poor English [Read SC Order & HC Judgment]

Live Law  

The Supreme Court had to recently set aside a judgment passed by the Himachal Pradesh High Court, because of the convoluted English used in the judgment.“After hearing learned counsel, it is not possible to comprehend the contents of the impugned order passed by the High Court. The Supreme Court had to recently set aside a judgment passed by the Himachal …

Plea Under Order 2 Rule 2 CPC Sustainable Only If Plaint In Earlier Suit Is Proved: SC [Read Judgment]
8 years ago

Plea Under Order 2 Rule 2 CPC Sustainable Only If Plaint In Earlier Suit Is Proved: SC [Read Judgment]

Live Law  

Filing of the plaint of earlier suit and proving it as per law is imperative to sustain the plea of Order 2 Rule 2 CPC, the bench said.Restating the law laid down in Gurbux Singh vs. Bhooralal, the Supreme Court, in Jayantilal Chimanlal Patel vs. Vadilal Purushottamdas Patel, has said it is mandatory that to sustain a plea under Order …

Lawyers owe a duty to the court and to administration of Justice: Punjab & Haryana HC [Read Order]
8 years, 9 months ago

Lawyers owe a duty to the court and to administration of Justice: Punjab & Haryana HC [Read Order]

Live Law  

The High Court of Punjab & Haryana, in Harpreet@Preet v State of Haryana, has observed that lawyers owed a duty to the court and to administration of justice.The court made such an observation while dismissing a revision petition, preferred impugning the order of court below which dismissed an application preferred under Section 311 Cr P.C.The court noted that the petitioner …

Lawyers owe a duty to the court and to administration of Justice: Punjab & Haryana HC [Read Order]
8 years, 9 months ago

Lawyers owe a duty to the court and to administration of Justice: Punjab & Haryana HC [Read Order]

Live Law  

The High Court of Punjab & Haryana, in Harpreet@Preet v State of Haryana, has observed that lawyers owed a duty to the court and to administration of justice.The court made such an observation while dismissing a revision petition, preferred impugning the order of court below which dismissed an application preferred under Section 311 Cr P.C.The court noted that the petitioner …

Arunachal Pradesh: SC vacates its order, makes revocation of President's Rule a possibility
9 years, 1 month ago

Arunachal Pradesh: SC vacates its order, makes revocation of President's Rule a possibility

Firstpost  

The revocation of President’s Rule will allow formation of a new government in the border state of Arunachal Pradesh. New Delhi: The Supreme Court on Thursday virtually paved the way for government formation in Arunachal Pradesh by vacating its order on maintenance of status quo, after being satisfied with the Gauhati High Court order staying the disqualification of the 14 …

Arunachal Pradesh case takes an interesting turn [Read Order]
9 years, 1 month ago

Arunachal Pradesh case takes an interesting turn [Read Order]

Live Law  

The Supreme Court’s Constitution Bench’s interim order on 17 February directing the parties before it in the Arunachal Pradesh disqualification and President’s rule case to maintain the status quo is significant.The order follows the Union Cabinet’s decision to lift the President’s rule imposed on 26 January, so that a new Government can be formed in the State.The bench was. The …

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]
9 years, 7 months ago

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]

Live Law  

In a Judgment on a Civil Appeal which it pronounced today, the Supreme Court reiterated that ‘Procedure is meant only to facilitate the administration of justice and not to defeat the same.’ On sufficient cause, delay in bringing the legal representatives of the deceased party on record should be condoned. In a Judgment on a Civil Appeal which it pronounced …

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