Practice and Procedure -- Names of Presiding Officers and/or members who sign the orders shall be mentioned in all the orders passed by Courts, Tribunals, Boards and Quasi-Judicial Authorities - In case any identification number has been given, the same can also be added - Presiding Officers and/or Members while passing the order shall properly record presence of parties..........
Civil Rules of Practice, Rule 203A, Civil Procedure Code, 1908, Section 151 -- Issuance of certified copy of photostat copy of an unmarked document - Unmarked certified copy of agreement of sale was allowed to be returned by permitting it to be substituted by a photocopy of said document - Application for issuance of certified copy of photostat copy of said unmarked..........
Practice and Procedure -- Discretion - Higher Court should not readily interfere with discretion exercised by Court below unless discretion has been shown to have been exercised arbitrarily, capriciously or perversely or where Court has ignored the settled principles of law governing exercise of discretion...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded `No instructions' - Defendant proceeded ex parte and ex parte decree passed without issuing notice to defendant - There is no provision under CPC or rule of practice that in case of no instruction by a counsel, a notice is required to be issued to a party whose..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded `No instructions' - Defendant proceeded ex parte and ex parte decree passed without issuing notice to defendant - There is no provision under CPC or rule of practice that in case of no instruction by a counsel, a notice is required to be issued to a party whose..........
Practice and procedure -- Plea of jurisdiction - Where a Court has failed to check its jurisdiction and a plea has been raised subsequently and that too after receiving an adverse verdict, forum shall not be declared as the one having lack of jurisdiction, especially when there is no apparent injury otherwise to rights conferred under a particular statue...........
Practice and procedure -- Jurisdiction of Court by consent of parties - Court/Authority having no jurisdiction in the matter cannot be conferred jurisdiction by parties with their consent and order passed by said Court/Authority having no jurisdiction over subject matter is a nullity in the eyes of law. Legal Services Authorities Act, 1987, S.20 - Award of Permanent Lok..........
Practice and Procedure -- Plaintiff is required to stand on his own legs...........
Practice and procedure -- Relief - Approach to seek relief at a belated stage - That alone cannot be a ground to reject the relief which can be otherwise granted...........
Practice and procedure -- Principle governing "Falsus in uno, falsus in omnibus" has no application to Courts in India...........
