Order XLI Rule 27 C.P.C.- In Brief
The general principle is that the Appellate Court should not travel outside the record of the lower court and cannot take any evidence in appeal. However, as an exception, Order…
Order XII CPC- In Brief
Order XII CPC deals with admission of the case, admission of the documents and judgment on admissions. Rule 1 thereof provides that a party to a suit may give notice…
Presumption of Notice- Section 106 of Transfer of Property Act
Presumption of notice has been interpreted by the Full Bench of Allahabad High Court in Ganga Ram v. Phulwati (FB) A.I.R. 1970 Allahabad 446, where following questions were referred:- (1)…
Why it is Necessary to Give Specific Para-Wise Reply in Written Statement
In the written statement filed by defendant, specific para-wise reply should be given. In the absence of para-wise reply to the plaint, it becomes a roving inquiry for the Court…
Adverse possession- In Brief
In the eye of law, an owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the…
One month Notice to file cross-objection under Order XLI Rule 22- Explanation
Order XLI of the Code deals with appeals from original decrees. Rules 1 and 2 give the right to file an appeal against a decree in the manner and on…
Public Prosecutor and its Powers- A Brief Analysis
Section 2(u) of CrPC defines “Public Prosecutor”. It reads as follows:- “(u) “Public Prosecutor” means any person appointed under Section 24, and includes any person acting under the directions of…
Irrespective of whether the case is appealable or non-appealable the examination-in-chief has to be permitted in the form of affidavit
Order XVIII Rule 4 of the Civil Procedure Code provides for the mode of recording the evidence. The said provision reads as follows: “4. Recording of evidence.— (1) In every…
Ex Parte Suit- Proceeding Explained
Order IX Rule 6 (1)(a) lays down the procedure where after due service of summons, the defendant does not appear when the suit is called on for hearing. In that…
One who hears must decide the case- Rule 15 of Order 18 of CPC
The hearing of a suit begins on production of evidence by the parties and suit gets culminated on pronouncement of the judgment. Order XVIII Under Order XVIII Rule 1 of…