Residuary
1 Legal Principle - Delay in pronouncing Judgment - Decisions - Guidelines by Hon’ble Apex Court:
2 Legal Principle - Hearing of Appeals, Revisions, etc by Authorities / Ministers, Secretaries, officials - discharging Quasi Judicial functions - Guidelines by Hon’ble Bombay High Court:
3 Legal Principle - Failure of Adversary to File Reply - Deemed Admission of Facts Stated:
4 Legal Principle – when there is misconstruction of a document or wrong application of a principle of law in construing a document, it gives rise to a question of law:
5 Legal Principle - the effect of absence of cross-examination - Evidence remained unchallenged - should be believed:
6 Legal Principle - Doctrine of Restitution - Act of the Court shall prejudice No one - Inherent Powers of the Courts to Restore parties to original position:
7 Legal Principle - Doctrine of Restitution - Courts to secure that the party to the suit who received the benefit of the erroneous judgment, to restore or return to the other party:
8 Legal Principle - Powers of Review - Power to review is not an inherent power. It must be conferred by law:
9 Legal Principle - In the Absence of Powers of Review - Recall Jurisdiction may be invoked:
10 Legal Principle - Where SLP is filed and dismissed in limine – Review Petition can still be maintained / or prosecuted, if already filed, before Court, whose Order was challenged in SLP:
11 Legal Principle - Review was filed prior to filing of SLP - SLP admitted and converted into Civil Appeals - High Court can still decide Review. If Review allowed, SLP would be rendered infructuous:
12 egal Principle - Jurisdiction under Article 136 is divisible into two stages:
13 Legal Principle – Doctrine of Merger – Merging of Lower Court Order into Higher Court Order:
14 Legal Principle - Once Appeal is preferred or where SLP is preferred and is admitted - Review jurisdiction cannot be exercised:
15 Legal Principle - Review and Recall - Distinction between:
16 Legal Principle - Powers of Review and Recall - Underlying Principle:
17 Legal Principle - Recall of the Order - Judgment - A Judge can recall the Order and change his mind even though the draft copy is signed and dictated in the open Court:
18 Legal Principle - Powers of High Court u/s 482 CrPC to Recall their Order - Order without jurisdiction - In violation of principles of natural justice - order obtained by abuse of process of court:
19 Legal Principle - Powers of Supreme Court to Review its earlier Rulings:
20 Legal Principle - If an order at the initial stage is bad in law, then all further proceedings consequent thereto will be non-est and have to be necessarily set aside:
21 Legal Principle - Courts not to seek Undertaking thereby taking away Statutory or Constitutional Right of Appeal - jurisdiction of Appellate Court remain unaffected if Appeal preferred:
22 Where there is a change in constitution of the Bench, the matter must be reheard by the newly constituted Bench, and Order be passed by the newly constituted Bench.
23 Even a Void Order continue to operate unless it is declared as Void by Competent Court / Authority.
24 Courts have Jurisdiction to recall their Orders which in effect, are nullity in the eyes of Law.
25 Where an Appeal is preferred, ordinarily the Appellate Forum must decide the same on merits, instead of remanding it back.
26 Mere dismissal of the Special Leave Petition would not mean that the views of the High Court have been approved by Supreme Court.