Criminal Procedure Code, 1973, Section 211 -- Charge - At the stage of framing charge, Court not to weigh the evidence...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - When triable issues are involved, the appeal should not be summarily dismissed or disposed of...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Remand of appeal on amendment of plaint during pendency of first appeal - Not a ground for remand - For remand of case appellate Court should come to a conclusion that lower court has omitted to frame issues and/or has failed to determine any question of fact which is essential for the right decision of the suit on..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Allowing second appeal without framing substantial question of law is clearly contrary to the mandate of S.100 CPC - Order set aside...........
Civil Procedure Code, 1908, Section 16(d) -- Jurisdiction - Can be classified into several categories - Important categories are : (i) territorial or local jurisdiction; (ii) pecuniary jurisdiction; and (iii) jurisdiction over the subject-matter - So far as territorial and pecuniary jurisdiction are concerned, objection to such jurisdiction has to be taken at the earliest..........
Civil Procedure Code, 1908, Section 151 -- Belated attempt to reopen concluded issues by resorting to S.151 is impermissible...........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - There is no strait jacket formula - Some of the illustrative but not exhaustive considerations are : balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- LR ordered to be made a party and allowed to file written statement - Other parties to confine their evidence to the defence taken by the newly impleaded defendant - They cannot be permitted to lead evidence on all other issues...........
