Search Results for Tag : Precedent

News

SC Expresses Reservation with Precedent Limiting Scope of High Courts in Deciding Discharge Appln(30.11.2023)

Supreme Court has expressed reservations with the precedent in Minakshi Bala v. Sudhir Kumar (MANU/SC/0702/1994), which limited/restricted the scope o.....

Tags : Supreme Court, Discharge Application, Precedent

Orissa HC: Precedents Must be Applied in Context(11.01.2023)

Orissa High Court while disapproving the manner in which counsel for petitioner sought to place reliance on certain judgments has held that judgments .....

Tags : Orissa High Court, Precedents, Judgment, Context

SC: P&H HC Judgment Allowing Minor Muslim Girl to Marry Shouldn’t be Treated as Precedent(16.01.2023)

Supreme Court has observed that judgment of the Punjab and Haryana High Court in case Javed v. State of Haryana, which held that Muslim girl aged 15 y.....

Tags : Supreme Court, Precedent, Minor Muslim Girl, Marriage

Supreme Court Deprecates Passing of Orders with Caveat to Not Consider as Precedent(14.04.2021)

Supreme Court has deprecated the practice of passing orders suffixed with the caveat that the said order is not to be treated as a precedent on the gr.....

Tags : Supreme Court, Orders with Caveat to Not Consider as Precedent

Delhi HC: Application for Leave to Serve Interrogatories Need Not be Decided Ex-Parte(07.04.2022)

Delhi High Court has held that no prescription in law, either statutory or precedential, that inhibits from issuing notice under Order XI Rule 1 of Co.....

Tags : Delhi High Court, statutory, precedential, Order XI Rule 1 of Code of Civil Procedure, 1908, prescription in law

SC: Necessary to State Whether Decision Resolves Dispute between Parties or Lays Down Precedent(14.01.2025)

SC has observed that it is necessary to be cautious in our dispensation and state whether a particular decision is to resolve the dispute between the .....

Tags : Supreme Court, Article 141, Precedent

Gau. HC: Thorough Enquiry to be Conducted before Declaring a Monument as Ancient(05.12.2024)

Gauhati HC has observed that the condition precedent for declaring any monument including tumulus/burial ground/cemetery as an ancient monument is tha.....

Tags : Gauhati High Court, Condition Precedent, Ancient Monument

Kerala HC: Muslim Personal Law Can't be Tested on Anvil of Article 14(07.07.2022)

Kerala High Court has held that High Court cannot test validity of Muslim Personal Law under Article 14 and 15 since it is bound by the precedents set.....

Tags : Kerala High Court, Muslim Personal Law, Precedent

All. HC: Relationship Between Logic and Experience Important in the Context of Invoking Precedents(28.08.2023)

Delhi High Court has directed Delhi Government to provide infrastructure and financial assistance for procuring essential electronic gadgets for condu.....

Tags : Allahabad High Court has observed that to decide a case with similar facts and circumstances, relationship between logic and experience is important in the context of invoking precedents, and they must not be applied mechanically.

All. HC: Relationship Between Logic and Experience Important in the Context of Invoking Precedents(28.08.2023)

Allahabad High Court has observed that to decide a case with similar facts and circumstances, relationship between logic and experience is important i.....

Tags : Allahabad High Court, Precedents, Context

Delhi HC: No Bar On Trial Courts in Deciding Issues Having No Precedent(30.08.2022)

Delhi High Court has held that the Trial Courts are wholly competent to decide the questions of fact and law which may arise before them, many of whic.....

Tags : Delhi High Court, Trial Court, Precedent