Practice and Procedure -- Where a party has taken a definite stand once and Court has given a decision on that footing, he could not be subsequently allowed to take inconsistent position with regard to the same matter...........
Right of pre-emption - - Pre-emption right claimed should find a place in document of conveyance either by gift, partition, settlement or sale and it may be either based on customary right or practice prevailed - Right of pre-emption can also be created by contract between parties...........
Agreement to sell -- Specific performance - Readiness and willingness - Capacity to pay - Plaintiff has to demonstrate readiness and willingness u/s 16(c) of Specific Relief Act throughout to perform his obligations under the contract - Plea that amount would lies in bank without interest is unfounded and contrary to normal banking practice - This is thus, sufficient..........
Constitution of India, 1950, Article 14, 21 -- Legitimate expectation - In case of a complaint that an administrative authority has reneged from a promise without giving an opportunity of hearing which was the past practice, a claim of legitimate expectation can be raised - In other words, if the policy or practice was to give an opportunity before the benefit is..........
Practice and Procedure -- It is always open under the law to the parties at dispute to settle dispute by agreement - If they do so, and if it appears to Court that settlement is fair and just and not against law nor against statute, the Courts accept settlement and passes a decree upon it...........
Practice and procedure -- Case cannot be decided on assumptions or presumptions - Primary ingredients of law need to be first established by proper pleading supported by relevant evidence...........
Hindu Marriage Act, 1955, Section 29(2) -- Customary divorce - Practice and procedure - Merely because certain class of people from community are adhering to particular practice that does not become custom, unless it is in existence since time immemorial or ancient...........
Hindu Marriage Act, 1955, Section 29(2), 12 -- Customary divorce - Earlier marriage of wife - Notarized document executed in respect of customary divorce - Divorce of wife with her previous husband was only on basis of that document which was admittedly executed before an advocate which was prepared by that advocate and it was notarized - Such document cannot sever..........
Practice and procedure -- Two Advocates - Fee dispute - It is not for any Court to settle dispute between lawyers with regard to payment of fees - If there is any misconduct on the part of lawyer in taking up the brief of another lawyer, normally it is for Bar Council and not for Court to settle the dispute...........
Practice and procedure -- Remarks against Presiding Officer - Remarks against judicial officers should normally not be passed in judgments - Judgment may be right or wrong, but Higher Courts should not pass scathing remarks against Presiding Officer of lower Courts only because they did not agree with point of view of trial Court...........
