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RAJNESH OSWAL, RAHUL BHARTI
Ali Mohammad – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1. This case has a knot which was tied by none else than this Court and is to be untied by none else than this very Court so as to truly serve the spirit of the dictum that an act of Court shall prejudice none. In the case of Jang Singh vs. Brij Lal and Ors. 1966 AIR SC 1631, the Hon'ble Supreme Court of India has, without any iota of reservation, eulogized that there is no higher principle for the guidance of the Court than the one that no act of Courts should harm a litigant and it is the bounden duty of the courts to see that if a person is harmed by a mistake of the court he should be restored to the position he would have occupied best for that mistake. The maxim for this principle is identified by the Hon'ble Supreme Court of India is “Actus curiae neminem gravabit.”
2. The successors-in interest of the original adversaries to the litigation are finding themselves locked in a situation which somehow got setup by an oversight on the part of this Court at the relevant point of proceedings in the case its docket, the potential of which is adversely bearing on the substantive rights of the parties to the lis with respect to the property in reference.
3. Th
The principle of Actus Curiae Neminem Gravabit is fundamental in ensuring that judicial errors do not harm litigants, and courts have a duty to correct such errors to uphold justice.
The deletion of a provision in a statute does not extinguish pending rights or remedies; the right to revision under Section 21(2) of the Agrarian Reforms Act, 1976 is substantive and must be respect....
Defendants must demonstrate sufficient cause for absence in ex-parte proceedings; mere claims of ignorance or improper service do not suffice.
Parties must adhere to procedural rules and disclose previous petitions to maintain the integrity of the judicial process.
Judicial proceedings must ensure that all relevant applications are addressed before execution to uphold the principles of justice and fair trial.
The appeal from an order passed by a single judge under the writ jurisdiction, disposing finally a criminal case, is prohibited due to the specific bar of section 362 of the Criminal Procedure Code (....
Constructive res judicata and CPC principles apply to writ petitions, barring new unraised claims like superior priest office; no liberty to withdraw for fresh suit to prevent abuse of process and re....
The court ruled that a successive writ petition concerning the same issue cannot be maintained after a prior dismissal for non-prosecution and is barred by delay.
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