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Showing posts with label adjournment. Show all posts
Showing posts with label adjournment. Show all posts
Wednesday, 24 April 2024

Under which circumstances the court can adjourn hearing on application for anticipatory bail?

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The submissions of the learned Counsel that the verb "may" carries force of mandate. That it is to be read as "shall", c...
Wednesday, 25 May 2022

Allahabad HC: If Judge adjourns a case because of Advocate's strike, it amounts to misconduct

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  The Principal Judge owes an explanation to this Court why he had  adjourned the case acknowledging a probable strike by Advocates on  20.0...
Thursday, 28 November 2019

Whether plaintiff can be denied right to adduce evidence if he fails to adduce evidence inspite of three chances?

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In the words of the Hon'ble Apex Court : "No litigant has a right to abuse the procedure provided in the CPC. Adjournments ha...
Wednesday, 5 June 2019

When court should not allow application for calling of original record?

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The trial Court has also observed that the certified copy of the documents are available with the plaintiff since 25.09.2012 and first ti...
Sunday, 20 January 2019

Whether a party will forfeit right to prosecute suit or defence if he fails to pay costs imposed upon him?

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A conspectus of the above provisions clearly demonstrates that under the scheme of CPC, a suit cannot be dismissed for non-payment of cost...
Saturday, 29 December 2018

Supreme Court Guidelines for speedy trial of Criminal cases

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 The following practice guidelines should be followed by trial courts in the conduct of a criminal trial, as far as possible: i. a detai...
Wednesday, 15 August 2018

Whether court should impose heavy costs while granting adjournment ?

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I consider that looking at the manner in which the defendant had deliberately been dragging the case and seeking adjournment after adjourn...

Whether trial court should grant adjournment to obtain stay order from higher court?

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The learned trial court also granted adjournments to the defendant-petitioner to file revision petition in this court and to bring stay or...
Friday, 2 March 2018

Guidelines of supreme court on examination of eye witnesses

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 We are also of the view that it is necessary in the interest of justice that the eye-witnesses are examined by the prosecution at the ear...

Supreme court Guidelines for trial court if the accused is not co-operating in the examination of witnesses

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If any court finds that the day-to-day examination of witnesses mandated by the legislature cannot be complied with due to the non-cooperat...
Saturday, 13 January 2018

Whether physical presence of Advocate can be treated as his effective presence in court?

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Though the case squarely falls in Order 17 Rule 2, useful reference may also be made to the provisions of Order 17 Rule 3. Order 17 Rule...
Monday, 30 October 2017

Whether court should grant adjournment without justifiable cause?

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It appears, the respondent had complete idea what the trial Court would do to his suit even if he filed yet another application for adjourn...

Procedure to be followed by court if application for recalling of witness is filed

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In K.K. Velusamy (supra), while dealing with the power of the 1 (2011) 11 SCC 2755 Court under Order XVIII Rule 17, this Court held that:...

How virus of seeking adjournment is to be controlled?

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In the case at hand, it can indubitably be stated that the defendant-petitioner has acted in a manner to cause colossal insult to justice ...
Monday, 16 October 2017

Whether judge should remain passive to maintain his neutrality?

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 Lord Denning, in the case of Jones v. National Coal Board [1957] 2 QB 55 has observed that: "In the system of trial that we evol...

Whether court can impose costs on loosing party as per fees paid by winning party to his Advocate?

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There is one more aspect which requires serious consideration. What is the meaning of the words `actual realistic costs' assuming th...

Basic principles to be followed by court while imposing costs on parties

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The English civil procedure rules provide that a court in deciding what order, if any, to make in exercising its discretion about costs ...

Whether court should direct parties to deposit costs in legal services authority?

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We would however like to refer to two aspects of the order of the High Court relating to costs. The first is, whether a court, having re...
Saturday, 30 September 2017

When court should not give more than three adjournment?

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No. litigant has a right to abuse the procedure provided in the Code of Civil Procedure. Adjournments have grown like cancer corroding the ...

When it is permissible for court to close side of parties for evidence?

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In the present case, no list of witnesses was filed under Rule 1 of Order 16, no application for leave to examine the witness which was nam...