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)…
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…
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…
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…
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…
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…
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…
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…
The question was raised in the case of ‘Alok Kumar Roy v. Dr. S.N. Sarma, (1967)’. An appeal was preferred before Supreme Court by special leave and it was urged…
This was the case of former Chief Minister of A.R. Antulay, who was the Chief Ministers of Maharashtra till 12 Jan, 1982. While he was yet holding the office of…
