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Gopalan – Appellant
Versus
NIT Multi Purpose Co-Operative Society Ltd. – Respondent
ORDER :
1. These writ appeals are filed by the 1st respondent in W.P. (C) Nos.18555 of 2024 and 20797 of 2023, invoking the provisions contained in Section 5 of the Kerala High Court Act, 1958, challenging the common judgment dated 04.06.2024 of the learned Single Judge in those writ petitions and the connected matter, i.e. W.P. (C) No. 25628 of 2023. By the common judgment, the learned Single Judge allowed W.P. (C) Nos. 20797 of 2023 and 25628 of 2023 and closed W.P. (C) No. 18555 of 2024.
2. In the writ appeal with Filing No. 1276 of 2024, arising out of the judgment dated 04.06.2024 in W.P. (C) No. 18555 of 2024, the defect noted by the Registry is that a copy of the writ petition is not uploaded along with the writ appeal. On that defect noted by the Registry, the learned counsel for the appellant pointed out Rule 159 of the Rules of the High Court of Kerala, 1971 and also paragraph 10 of the order of a Division Bench dated 07.08.2024 in unnumbered writ appeal with Filing No. 1010 of 2024 and connected matters. The learned counsel pointed out that, when the original records produced in the writ petition are available with the Registry, asking the appellant to produce copies of th
Procedural law must facilitate justice, not obstruct it, emphasizing the importance of substantive justice over technicalities.
Procedural law must facilitate justice, allowing flexibility in document production to avoid hindrances in the administration of justice.
The court mandated that all documents in writ petitions and appeals must be legible, with procedures established for handling illegible submissions to ensure fair adjudication.
The court reinforced the principle that legibility and clarity of documents are essential for the proper functioning of judicial processes, mandating compliance with established procedural rules to e....
The court established that compliance with procedural rules, specifically Rule 132 of the Rules of the High Court of Kerala, is mandatory for third parties seeking certified copies of court documents....
Writ petitions filed after statutory limitation periods are not maintainable; judicial review cannot circumvent legislative timelines.
Interim orders may be appealable if they determine rights affecting the main case, despite being interlocutory.
Procedural delays in filing should not bar adjudication on merits when substantive filings are made within prescribed timelines, reaffirming fairness in litigation.
Point of Law : Once an appeal is duly entertained without the production of a certified copy of the Decree sheet with it and neither the memorandum of appeal was rejected nor returned, as provided un....
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