Practice and Procedure -- Civil cases are required to be decided on preponderance of evidence - Overwhelming documentary evidence cannot be discarded on basis of minor discrepancies in oral evidence...........
Practice and Procedure -- Summoning of lower Court records by High Court - Directions issued : (i) Henceforth original record shall not be summoned by office, unless otherwise specifically directed by High Court in a particular case and only photostat/scanned copy of the same shall be summoned; (ii) Whenever, in the past, original record has been summoned by High Court,..........
Practice and Procedure -- Courts - should not shut out cases on mere technicalities but rather afford opportunity to both sides and thrash out the matter on merits...........
Practice and Procedure -- Procedure - cannot stand in the way of achieving just and fair outcome...........
Practice and procedure -- When there is a statutory remedy available to a litigant, there is no question of Court granting liberty to avail of such remedy as it remains open to the party to work out his remedies in accordance with law...........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Practice and Procedure -- Merely quoting a judgment does not fulfill or serve the purpose in a legal argument, applying case law is to discuss how principles or reasoning in the cited judgment are relevant to specific facts of current case...........
Practice and Procedure -- Representation on behalf of Government authorities - Written instructions from competent authorities is imperative - Directions issued that : it is imperative that the official(s)/counsel(s) appearing before the Court to represent the Government authorities should equip with proper written instructions from the competent authorities - If any..........
Practice and Procedure -- Order - Validity of an order can only be adjudged on the basis of reasoning contained in the order and the said reasoning cannot be supplemented in any manner much less by means of a counter affidavit or a supplementary affidavit when parties have entered into a litigation...........
Practice and Procedure -- No adverse order should be passed against a party without hearing it...........
