Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - First appellate Court need not write a detailed judgment when it is affirming the findings of Court and a mere general agreement is sufficient...........
Criminal trial -- Acquittal terminology and relief - Where courts find no evidence against accused, appropriate order is an honourable acquittal and not an acquittal by giving "benefit of doubt" or by stating "in absence of evidence" since such phraseology would affect future career prospects - High Court modified revisional judgment, expunging the words "in absence of..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Parties not at issue on any material question of law or fact - Court may at once pronounce judgment...........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination - When a defendant fails to appear or file a written statement, Court cannot dispense with points for determination altogether...........
Civil Procedure Code, 1908, Order 14, Rule 6 -- Framing of issues - Ex parte suit - Framing of issues in an ex parte suit though not mandatory by virtue of O.14.R.6 CPC, but judgment must be in conformity with provisions of CPC - Thus, O.20.R.4 CPC comes into picture - Courts must determine points for determination which are like issues and answer them to resolve matter of..........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination are Court's restatement of disputed questions (issues) that were placed before it and judgment must answer each - They serve to concentrate Court's reasoning and ensure completeness of adjudication...........
Service -- Order of punishment - Judicial review - Normally, no Court in exercise of its power of judicial review should interfere with an order of punishment imposed on a delinquent as a measure of disciplinary action by competent authority and substitute its own judgment for that of former...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - `At any stage of suit' means even after trial has begun and concluded, but before the judgment is delivered...........
Hindu Marriage Act, 1955, Section 13, 9 -- Dismissal of divorce petition and decretal of counter claim of restitution of conjugal rights - Single appeal against two distinct reliefs not maintainable even though common judgment is passed considering the fact that issues involved are common and it was between same parties...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision has no application where appellate Court is in a position to render a satisfactory and reasoned judgment on basis of evidence already available on record...........
