Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, only prima facie case is to be seen - Meticulous evaluation of evidence is not required...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues can be framed at any stage of case...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues cannot be made based upon arguments without any supporting documents...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issues regarding valuation and pecuniary jurisdiction of Court - Defendants who filed written statement had not raised issue of pecuniary jurisdiction and participated in proceedings - They have not produced any documents to substantiate that classification of land is not agricultural land and..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - While framing the charge, it is expected from a trial Judge to exercise his judicial mind to determine that as to whether a case for trial has been made out or not and while undertaking such proceedings, Court is not supposed to hold a mini trial by marshalling facts and evidence on record - Infact, if..........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination - Neither requisite point of consideration on the point of legal necessity is framed nor findings recorded thereon by appellate Court - Appellate Court has simply recorded concurrence with findings of trial Court without delving into evidence and..........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion of an expert including a medical board, is not binding on Court, but is merely advisory in nature - While expert opinions are relevant and may assist Court but Court retains responsibility of framing its independent judgment based on evidence available on record...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the stage of framing of charges, a prima facie case should be established, focusing on whether there is a strong suspicion against the accused, rather than a detailed assessment of evidence...........
