When written statements are required—It is laid down in Order VIII, Rule 1, of the Code of Civil Procedure, that 7(a defendant shall at or before the first hearing or within such time as the Court may permit, present...
Day: December 15, 2020
Summons for final disposal or settlement of issues—In Order V, Rule 5, of the Code of Civil Procedure, it is laid down that the Court shall determine at the time of issuing the summons, whether it shall be for...
If the plaint relates to agricultural land and the plaintiff is illiterate, if should be scrutinised with special care according to the following directions: (i) The Presiding Officer shall ascertain by careful examination of the plaintiff or his agent,...
Non-joinder and mis-joinder of parties and causes of action—Attention is drawn to the provisions of law contained in Orders I and II of the Civil Procedure Code relating to non-joinder of parties and mis-joinder of causes of action and...
Pleadings The provisions of the Code of Civil Procedure, with regard to the pleadings (which term includes the plaint and written statements of parties) should be carefully studied. The principal rules of pleadings may be briefly stated as follows:...
On the presentation or receipt of a plaint, the Court should examine it with special reference to the following points viz: (i) whether the plaint contains the particulars specified in Order VII, Rule 1, and conforms to the other...
The principles of seniority-cum-merit and merit-cum-seniority are conceptually different. For the former, greater emphasis is laid in seniority, though it is not the determinative factor, while in the latter merit is the determinative factor. In The State of Mysore...
Context of Civil Suit In legal parlance it means a judicial examination and determination of the issue in civil or criminal Court by a competent Tribunal. According to Webster Comprehensive Dictionary, International Edition, it means the examination, before a...
Sec 16-A of the Prevention of Food Adulteration Act 1954 providing for mandatory summary trial
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Section 16-A of the Prevention of Food Adulteration Act, 1954 (in short the ‘Act’) providing for summary trial are mandatory. While in the instant case the trial Court adopted the warrant case procedure. 2. On the other hand in...
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another Section 326 of the Code deals with the procedure to be followed when any Magistrate after having heard and recorded the whole or any part...
Every time an inquiry or trial is adjourned, an order of the Court in writing giving the reasons therefor shall be recorded. The reason for which an adjournment can be granted may be either the absence of a witness...
Criminal Practice Receipts of F.I.R.: – Magistrates and Judges receiving F.I.Rs., shall initial each page and put the date stamp and time of receipt. The name or number of the messenger shall also be noted. If the F.I.R., is...
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