Practice and Procedure -- Error in order - Relief - If according to aggrieved party there is some error, the only option with aggrieved party is to approach that very Court, seeking correction of that order...........
Practice and Procedure -- Appeal against conviction - Duty of High Court - It is necessary for High Court to go through the record to satisfy as to whether the conviction is properly recorded or not...........
Civil Procedure Code, 1908, Section 151, Civil Rules of Practice, Rule 55 -- Single application - Two prayers - Rule 55 of Civil Rules of Practice applies and there should be a separate application for each distinct prayer - Court can direct applicant to restrict himself to one relief in the case...........
Practice and procedure -- It is required of learned counsel to bring at least those judgments which have been referred to and relied upon by none other than petitioners themselves in trial Court...........
Practice and procedure -- Ex parte judgment - Where defendant is set ex parte, judgment shall reflect facts of case and controversy involved and tried to be settled by Court...........
Practice and procedure -- Where written statement is not filed by defendant, Court must be satisfied that there is no fact which need to be proved inspite of deemed admission by defendant...........
Practice and Procedure -- Omission pointed out by party - Merely because the omission was pointed out by parties to lis, in the interests of justice and same was accepted by Court below - It cannot be said that the Court below has erred in ordering I.A...........
Practice and Procedure -- Discretion exercised by trial Court, no doubt capable of reversal in appeal, however, can only be reversed if there are sound and cogent reasons...........
Practice and procedure -- While deciding any litigation, Court has to consider entire case in its proper perspective, including pleadings, points urged, reliefs claimed, everything - Court is never expected to be guided by mere `nomenclature' or `label' of plaint...........
Practice and procedure -- Provisions of CPC though not applicable to Consolidation proceedings, but principle analogous to said provisions are always applicable to consolidation proceedings...........
