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[The below Summation of the principles from various judgments of the Supreme Court of India summed up by the Delhi High Court in a judgment titled Kusum Kumria Vs. Pharma Venture (India) Pvt. Ltd. dated 20 October 2015 authored by Justice Gita Mittal.] 1. In a suit for partition, at the first stage, the court decides whether the plaintiff has a share in the suit property and is entitled to division and separate possession. This position is exercise of judicial function and results in a decree under Order XX Rule 18(1) termed as preliminary decree under Order XX Rule 18(2) of CPC. The decree is termed a preliminary decree when further proceedings have to be taken before the suit can be completely disposed of. It is a final decree when such adjudication completely disposes of the suit. It may be partly preliminary and partly final. # Shub Karan Bubna @ Shub Karan Prasad Bubna v. Sita Saran Bubna, (2009) 9 SCC 689 (Para 7, 10) 2. If the court can conveniently and without...

Accused can directly approach the High Court and Sessions Court for regular Bail, not necessary that accused should apply to the Magistrate first, Supreme court [ Justice Vikramajit Sen and Justice K S Radhakrishnan]. In a path-breaking Judgment, a two-Judge Bench of the Supreme Court has held that there are no restrictions on the High Court or Sessions Court to entertain an application for bail, provided, accused is in custody. The judgment has put an to end the decades old practice of first filing a regular Bail Application before a Magistrate having jurisdiction, and get it rejected for the purpose of approaching the Sessions Court or High Court for bail. The case arises out of a Special Leave Petition seeking regular bail under Section 439 of the Code of Criminal Procedure (CrPC), which was declined by the High Court of Mumbai, with the observations that it is the Magistrate whose jurisdiction has necessarily to be invoked and not of the High Court or the Sessions Judge. The...