Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as a witness to appear before examination of its witnesses - Case of Uma Devi referred wherein held that (1) A party who wishes to examine himself at a later stage is not bound to ask for permission of Court before examining his first witness; (2) party can ask for permission at a later stage; (3) Discretion which has..........
Practice and procedure -- A party who has been afforded full opportunity of hearing and despite such opportunity fails to appear, order passed thereafter cannot be faulted with by such person...........
Hindu Marriage Act, 1955, Section 7, 7A -- Marriage - Performance of marriage by Advocate in his office premises - Developing a new field of practice, by Advocates, namely "Solemnisation and Registration of Marriages" - Marriages performed in secrecy in office of Advocates and Bar Association Rooms, does not amount to solemnization of marriage within meaning of Ss.7 & 7-A..........
Consumer Protection Act, 1986, Section 12, 2(1)(r) -- Unfair trade practice - Punitive damages - Law as to : (i) Such a claim has to be specifically pleaded; (ii) No litigant can be punished by way of punitive damages for merely approaching Court, unless its case is found to be frivolous; (iii) Mere proof of "unfair trade practice" is not enough for claim or award of..........
Representation of the Peoples Act, 1951, Section 100(1)(b), 123(4) -- Corrupt practices - Election to State Legislature - Contention that printing and publication was made with connivance of first respondent and hence consent should be inferred - Only allegation is on knowledge and connivance on the part of the first respondent - Knowledge and connivance is different from..........
Will -- Registered - Will in English language - Lack of knowledge of English language by testator - Contents of Will can be understood to be explained to the testator by Sub Registrar as Sub Registrar had deposed that such a practice is normally adhered to...........
Animal sacrifice to appease God,Deity -- Sacrifice causes immense pain and suffering to the innocent animals - Innocent animals cannot be permitted to be sacrificed to appease the God/deity in a barbaric manner - Practice of animal sacrifice is a social evil and is required to be curbed - Animal sacrifice banned in Himachal Pradesh - Directions issued...........
Practice and procedure -- Binding precedent - A judgment rendered by Court without reference to the provisions of Act or binding precedent is said to be per inquirium - Decision of Court in the case of Nathu Ram v. Chhotu Singh, 2012(4) Civil Court Cases 184 (P&H) relied upon by petitioner is per inquirium and cannot held to be a binding precedent...........
Practice and Procedure -- Rules of procedure are meant to ensure justice to concerned parties based on their substantive rights - All rules of procedure are nothing but hand maids of justice...........
Practice and procedure -- Lawyer and Judge - There is presumption of law that a lawyer knows the law but there is no absolute presumption that a judgment should know law - A Judge is only called upon to balance the two sides of an argument presented before him...........
