Failure to frame points of determination is not fatal in First Appeal

2017 (2) SCC 415
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Supreme Court: Enlargement of Notice

Yomeshbhai Pranshankar Bhatt v. State of Gujarat, (2011) 6 SCC 312 : (2011) 2 SCC (Cri) 944 at page 317

11. In view of this position under the Rules and having regard to the constitutional provision under Article 142, we do not think that this Court at the time of final hearing is precluded from considering the controversy in its entire perspective and in doing so, this Court is not inhibited by any observation in an order made at the time of issuing the notice.

 

Supreme Court passing order without notice to Respondent

State of Rajasthan v. Mahila Mandal, (2011) 15 SCC 499 : (2014) 1 SCC (L&S) 615 at page 499

2. We are quite conscious of the fact that we are passing this order without giving notice to the respondent(s) because the controversy is very limited and giving notice would cause much greater financial hardship for the respondent(s). In this view of the matter, we are passing this order in absence of the respondent(s). In case the respondent(s) is/are still aggrieved then the respondent(s) would be at liberty to approach this Court.

 

Daughters in Family Settlement

Public Interest v. Private Interest

Brij Pal Sharma v. Ghaziabad Development Authority, (2005) 7 SCC 106 at page 109

17. We, however, clarify that dismissal of the appeal should not be construed as approval of the conduct of the statutory authority in the manner in which it is sought to be done. The statutory authority, like GDA, being the State within the ambit of Article 12 of the Constitution, is duty-bound to act in a manner, which would benefit the public interest, overlooking the private interest. It is trite law that when the private interest is pitted against the public interest, the later must prevail over the former. If such instances are brought to the notice of the Court in future, they would be examined on their own merits.

 

Undertaking to pay under threat of arrest

Arrest warrant — Release upon undertaking to deposit Rs. 10 lac — Legality — Undertaking given by appellant while being under constraint of his arrest cannot be termed as voluntary one — Legal liability of appellant is yet to be ascertained — Arrest and release upon undertaking order cannot be legally sustained.
II (2015) BC 155 (DRAT — Delhi)

Filing 32 after 136