Civil Procedure Code, 1908, Section 41 -- Additional evidence at appellate stage - First appellate Court has all the powers to record additional evidence or seek report from trial Court after framing an additional issue or allowing application for additional evidence...........
Criminal Procedure Code, 1973, Section 200, 202 -- Summoning of accused - Standard of proof and judgment which is to be applied finally before finding accused guilty or otherwise is not exactly to be applied at the stage of framing charges - A fortioti at the stage of Ss.202, 204 Cr.P.C...........
Policy decision -- Armed Forces Tribunal subject to High Court's jurisdiction u/art 226 of Constitution cannot be permitted by law to direct framing of policy by government...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not required to undertake a meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue - Once both the parties have led evidence, fully conscious of other's case, mere non-framing of relevant issue or a wrong framing of it, would not affect the validity of finding returned...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Wrong framing of an issue and onus and burden placed on wrong shoulders - Evidence is led by parties which they wished to lead and matter was tried before Court of first instance with parties conscious of each other's case - All evidence is there on record sufficient to dispose of suit finally - In these..........
Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Framing of issues - It is not necessary that in each and every case, irrespective of merits of objections, Executing Court is required to frame issues - After evaluating the objections and reply filed by parties, Court is required to form an opinion as to whether any triable issue is involved in..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Plaintiff entitled to 1/3rd share as per two Courts below - Though defendants took a contention that they are liable to pay liability of the father, but they not placed any material to substantiate the said contention - No document was produced with regard to liability is concerned - When no..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Plea or defence when requiring to be proved during course of trial is itself sufficient for framing the charge...........
