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“12. It is trite law that so as to enable the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would disentitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstances of each case. Material fact would…
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1. What is Nullity? : Definition Nullity is the condition of being legally void or invalid. It refers to something that is treated as though it never existed because it lacks legal force or effect. In legal terms, an act, document, or order that is a nullity is considered to have no legal validity due…
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5. The High Court, in our view, fell into patent error. The short question before the High Court was whether in the facts and circumstances of this case, Jagannath obtained the preliminary decree by playing fraud on the court. The High Court, however, went haywire and made observations which are wholly perverse. We do not…
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The juristic justification of the doctrine of merger may be sought in the principle that there cannot be, at one and the same time. more than one operative order governing the same subject-matter. Therefore the judgment of an inferior court, if subjected to an examination by the superior court, ceases to have existence in the…
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A predisposition to decide for or against one party, without proper regard to the true merits of the dispute is bias. There must be reasonable apprehension of that predisposition. The reasonable apprehension must be based on cogent materials. Supreme CourtSecretary to the Govt, Transport Deptt Madras vs Munuswamy Mudaliar & Ors 1988 AIR 2232 Bias…
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“Legal malice” or “malice in law” means ‘something done without lawful excuse’. In other words, ‘it is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite’. It is a deliberate act in disregard of the rights of others’. [See Words and Phrases…
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