Supreme Court Annual Digest 2022-Practice & Procedure

Practice & Procedure - Party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence. Abhyudaya Kumar Shahi v. Bharat Pradhan Filling Centre, 2022 LiveLaw (SC) 625 : (2022) 6 SCC 522Practice and Procedure - Adverse remarks made by Rajasthan HC against a Sessions Judge set aside - The observations are not called for in the given scenario and in fact it is such an approach which discourages the trial Courts in granting bail resulting in huge volume of litigation before the High Court and this Court. Sarita Swami v. State of Rajasthan, 2022 LiveLaw (SC) 985Practice and Procedure - Anticipatory Bail Applications - When an application for anticipatory bail accompanied by an application for ad -interim relief is listed before the court, it should decide the same one way or the other, so far as the ad -interim prayer or should have taken up for consideration after giving some reasonable time to the State. Even if admitted, the court should list the same for final disposal on a specific date - Not giving any specific date is not a procedure which can be countenanced. Rajesh Seth v. State of Chhattisgarh, 2022 LiveLaw (SC) 200Practice and Procedure - Appeal against Allahabad HC judgment which set aside conviction in a murder case - Allowed and remanded - Despite the strong observations made by this Court as far as back in the year 1984 and thereafter repeatedly reiterated, still the practice of pronouncing only the operative portion of the judgment without a reasoned judgment and to pass a reasoned judgment subsequently has been continued. Indrajeet Yadav v. Santosh Singh, 2022 LiveLaw (SC) 386 : AIR 2022 SC 1941Practice and Procedure - Appeal against Gujarat HC order in a dispute between Adani Ports Special Economic Zone Ltd (APSEZL) and Central Warehousing Corporation - Allowed - When an issue involved the balancing of interests of a statutory Corporation and a private company, the approach of the High Court ought to have been a balanced one. The High Court ought to have taken into consideration that, unless all the three conditions were complied with, the interest of the appellant-CWC, which is a statutory Corporation, could not have been safeguarded. If a settlement was to be arrived at, unless the same was found to be in the interest of both the parties, it could not have been thrust upon a statutory Corporation to its detriment and to the advantage of a private entity. Central Warehouse Corporation v. Adani Ports Special Economic Zone Ltd. (APSEZL), 2022 LiveLaw (SC) 839Practice and Procedure - Appeal against the High Court judgment which allowed writ petition answering only one issue, though four other issues were raised - Allowed - Remanded the matter to the Single Judge for deciding the writ petitions afresh and to adjudicate on all the other issues. Agricultural Produce Marketing Committee Bangalore v. State of Karnataka, 2022 LiveLaw (SC) 307 : (2022) 7 SCC 796Practice and Procedure - Courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved - Adopting a shortcut approach and pronouncing the judgment on only one issue, would increase the burden on the appellate court and in many cases if the decision on the issue decided is found to be erroneous and on other issues there is no adjudication and no findings recorded by the court, the appellate court will have no option but to remand the matter for its fresh decision. (Para 8.4) Agricultural Produce Marketing Committee Bangalore v. State of Karnataka, 2022 LiveLaw (SC) 307 : (2022) 7 SCC 796Practice and Procedure - Criminal Appeals - Criminal appeals are being disposed of in a cursory manner and by adopting truncated methods - Practice of disposing of criminal appeals by adopting shortcuts deprecated. (Para 10) State of Rajasthan v. Banwari Lal, 2022 LiveLaw (SC) 357 : 2022 (6) SCALE 71Practice and Procedure - Difference between expert committees which are set by the courts/tribunals from those set up by the Government in exercise of executive powers or under a particular statute- The latter are set up due to their technical expertise in a given area, and their reports are, subject to judicially observed restraints, open to judicial review before courts when decisions are taken solely based upon them- Courts should be circumspect in rejecting the opinion of these committees, unless they find their decision to be manifestly arbitrary or mala fide. On the other hand, courts/tribunals themselves set up expert committees on occasion. These committees are set up because the fact-finding exercise in many matters can be complex, technical and time-consuming, and may often require the committees to conduct field visits. These committees are set up with specific terms of reference outlining their mandate, and their reports have to conform to the mandate. Once these committees submit their...

Supreme Court Annual Digest 2022-Practice & Procedure

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Supreme Court Annual Digest 2022-Practice & Procedure

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