Practice and Procedure -- Recording of reasons for a decision is an essential attribute of a judicial and judicious disposal of an issue by a Court...........
Practice and Procedure -- An order which does not contain reasons is no order in the eye of law and such an order requires to be set aside...........
Practice and procedure -- Repeated filing of applications - which are not maintainable amounts to abuse of process of law...........
Practice and Procedure -- Mere wrong mentioning of statutory provision does not change nature of application - Its pith and substance has to be seen to adjudge its true nature...........
Practice and procedure -- Plaintiff has to prove its case and he cannot succeed on the weakness of his opponent...........
Maharashtra Regional and Town Planning Act, 1966, Section 154, National Green Tribunal Act, 2010, Section 15(1)(b), (c), 14, 16, 17, 4(4), 35, National Green Tribunal (Practice and Procedure) Rules, 2011, Rule 24 -- Powers of NGT - To ban development and building activities - General directions for future guidance, to avoid or prevent injury to environment for appropriate..........
Practice and Procedure -- Court is not the maker of the law and cannot draft a brand new law except where the law is silent or where some lacuna is to be filled up...........
Practice and Procedure -- Civil cases are decided on basis of preponderance of probabilities...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Interim bail - Offence u/s 376 IPC and S.4 of POCSO Act - Bail granted without notice to complainant of FIR - Courts are bound to follow Practice Directions dated 24.09.2019 and directions of high Court as laid down in..........
Civil Procedure Code, 1908, Order 21, Rule 54, 64, 66 -- Auction sale - Method of sale - Upset or reserve price is a usual and conventional practice, setting out bench mark from or above which bid should be offered - It is thus, lowest or minimum sale price of property in an auction fixed by executing Court - Upset price shall be determined upon an objective consideration..........
