Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment on admission - Framing of issues - Necessity of - Held, necessity to frame issues, much less to record evidence is obviated in cases where claim of plaintiff is admitted by defendants at threshold - If admission is in its..........
Criminal Procedure Code, 1973, Section 227, 228 -- Taking cognizance and framing charge - While taking cognizance Court is concerned with the existence of a prima facie case - However, while framing charge Court moves a step further - Court is concerned with the existence of a strong prima facie case, or of a grave suspicion, pointing to the fact that the offence may have..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections - Framing of issues and putting objection petition to trial is not necessary in every case - Court can dismiss the objection petition by a speaking order recording reasons for dismissal of objection petition if prima facie, the averments in the objection petition appear to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Eviction order - Execution - Third party objection claiming himself to be tenant - Neither any rent note nor any rent receipt or any document establishing that rent was ever paid, placed on record - In absence of any such document, status of appellant cannot be held to be that of tenant - Objection petition..........
Civil Procedure Code, 1908, Order 41, Rule 12 -- Appeal - Appellate Court is vested with very wide powers including framing of additional issues, permitting additional evidence, remanding a case, pronouncing judgments in accordance with law and even admit an appeal for rehearing where the appeal was dismissed in default...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - issues are framed by Courts on the basis of material proposition affirmed by one party and denied by the other - Job of framing issues is that of Court, which may permit the parties to suit to render assistance to it by filing suggested issues...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Written statement - Amendment - Coupled with application for framing of additional issues - Applications not bona fide one - Not necessary for proper adjudication of the controversy in dispute - Dismissal of applications - Calls for no interference...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of issue - Duty of Court - Held, Court is bound to frame the issues upon the material propositions of fact or law upon which the parties are at variance if it is found that the right decision of the case depends on such issue...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - Amendment sought not changing nature of suit and amendment sought when suit was at a preliminary stage and before framing of issues - Held, trial Court was not justified in rejecting the same - Impugned order set aside - Petition allowed...........
Representation of the Peoples Act, 1951, Section 80, 81 -- Election petition and civil suit - Difference - Trial of an election petition is entirely different from the trial of a civil suit, as in a civil suit trial commences on framing the issues while trial of an election petition encompasses all proceedings commencing from the filing of the election petition up to the..........
