Practice and Procedure -- Procedural defects and irregularities which are curable in nature ought not to be permitted to stand in the way of doing substantial justice between parties - Courts should not dismiss matters on mere technicalities but should instead afford an opportunity to both sides and adjudicate dispute on its merits...........
Practice and Procedure -- Writ petition and writ appeal - Cannot be decided by same Court, as same itself goes against very basic principles of judicial norms and propriety...........
Practice and Procedure -- SCC suit - Title of parties cannot be decided in a SCC suit and only relationship of landlord and tenant is to be seen between parties...........
Practice and Procedure -- Once a party has sold away entire disputed property, he would be stranger to dispute and accordingly will not have any right to litigate with regard to said property...........
Practice and Procedure -- Mere submission of an explanation cannot validate a legal or procedural illegality...........
Practice and Procedure -- Order without valid reasons cannot be sustained...........
Practice and Procedure -- Non-recording of reasons, non consideration of admissible evidence or consideration of inadmissible evidence renders the order unsustainable...........
Practice and Procedure -- Brevity in reasoning cannot be understood in legal parlance as absence of reasons - While no reasoning in support of judicial orders is impermissible, brief reasoning would suffice to meet ends of justice at least at interlocutory stages and would render remedy of appeal purposeful and meaningful...........
Practice and Procedure -- Judge who is hearing the case, can decide to avoid case if necessary - But a litigant cannot dictate to Court to avoid his case by a Judge who is allotted jurisdiction by Chief Justice as per roster...........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage on basis of customary divorce deed - Husband and wife both belong to same community i.e Kadva Patidar - They have validly entered into deed of divorce which is accepted as customary practice amongst members of Kadva Patidar community - Deed of divorce was executed in presence of witnesses as required -..........
