Civil Procedure Code, 1908, Order 20, Rule 4 -- Decision delivered prior to completing the judgment - Judgment does not suffer from any infirmity...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Judgment - Meaning - The declaration by a Judge of his intention of what his `judgment' is going to be, or a declaration of his intention of what final result it is going to embody, is not a judgment until he had crystallized his intentions into a formal shape and pronounced it in open court as the final expression of his..........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Oral judgment - O.20.R.4 of the Code does not envisage the writing of judgment after deciding the case by an oral judgment - It would be against public policy to announce the final result orally but judgment was finalised later on...........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - S.2(9) CPC defines a 'judgment' to mean the statement given by the Judge of the grounds for a decree or order...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Judgment to be self contained document - Judgment should be self contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by Court and in what manner - Process of reasoning should be reflected clearly in the judgment by which the Court came..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - A judgment of Court can be taken judicial notice of sand same does not come within purview of O.41.R.27 CPC...........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Complaint at that stage cannot be dismissed for non appearance of complainant - If complainant does not cross examine defence evidence then complainant would do so at his peril but it cannot be said that..........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Dismissal in summary manner without indicating any reasons is indefensible - Reasons introduce clarity in an order and failure to consider the relief/challenge in the writ petition and the absence of reasons render the High Court judgment unsustainable - Impugned judgment set aside and matter remitted back..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Writ petition to quash notification dated 8.5.1995 and also to strike down the Amendment Act No.8 of 1995 as ultra vires of the Constitution of India - Dismissal of writ petition in a summary manner without adverting to relief prayed for and without indicating any reasons - High Court not dealt with the issue..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court disposing of appeal without considering all aspects and evidence - Not proper - Impugned judgment set aside - Matter remitted back for consideration in accordance with law...........
