Sexual abuse of children -- Remedial measures - Directions issued : (i) The definition of the expression "child in need of care and protection" under S. 2(14) of the JJ Act should not be interpreted as an exhaustive definition - The definition is illustrative and the benefits envisaged for children in need of care and protection should be extended to all such children in..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Dispute as to breach of contract - First suit filed by defendant in Court at Surat and second suit filed by plaintiff in Court at Mumbai - Both the suits are same and issues involved in both suits are directly and substantially one and same - However, footnote of offer letter given by plaintiff to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Consolidation of two suits - Single judgment - Suits in which common issues have been framed and common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments and decree not assailed thereupon metamorphoses into..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Right to begin - Onus to prove issue No.1 was put on defendant and onus to prove issues No.2 & 3 was put on plaintiff - Court misdirected itself while directing defendant to start leading their evidence first as neither issue No.1 was ordered to be treated as preliminary issue nor defendants were directed to lead their..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants being raised the question..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Documents - O.13.R.1 CPC requires that original documents are to be produced at or before settlement of such issues and directs the parties to produce all original documents and the Court to receive them...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Issuance of process - Prima facie role of petitioner established on record and Magistrate issued process, as there is sufficient ground to proceed with case - Actual involvement of petitioner can only be ascertained after taking evidence and not at this early stage - There is no reason for..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - It is a valuable right of parties and parties have right to be heard both on questions of law and also on facts - First appellate Court required to address itself to all issues and decide the case by giving reasons in support of such findings...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Failure to frame an issue - Not always fatal to suit, provided Court has understood the case of plaintiff and defendant and framed certain issues which in fact covers all the pleadings and contentious facts stated by plaintiff and defendant...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non framing of an issue - Cannot be said to cause prejudice to the party when both parties have understood as to what are their cases and how they have to lead evidence, what burden is cast upon them and what they have to seek before the Court...........
