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Showing posts with label final argument. Show all posts
Showing posts with label final argument. Show all posts
Monday, 17 January 2022

Can the court ask the defendant to make his final argument before the plaintiff?

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 In the present case, I am concerned with Rule 2, which lays down the general rule that the one, which has right to begin, must "addres...
Saturday, 5 September 2020

Whether the court should reject plaint of eviction suit at the stage of final argument?

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Assailing the order, it is contended by the learned counsel for the petitioner that the rent agreement dated 01.01.2014 does not reveal th...
Thursday, 5 March 2020

When application for taking additional evidence on record filed at appellate stage should be decided at the time of final hearing of appeal?

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 Insofar as the situations relatable to clauses (a) and (aa) are concerned, in our considered opinion, application for production of addi...
Sunday, 19 January 2020

When court should reject application for amendment of pleading?

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  Leave to amend may be refused if it introduces a totally different, new and inconsistent case, or challenges the fundamental character o...
Friday, 19 April 2019

When court should reject application for amendment of plaint at the stage of final argument?

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 In so far as the application for amendment under Order VI Rule 17 of the said Code filed by the petitioner is concerned, it is not in dis...

Whether application for recasting of issues is maintainable after six years of framing of issues at stage of final argument?

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 In so far as the impugned order dated 10th July 2018 passed by the learned trial Judge rejecting the application for recast of the issue ...
Sunday, 31 March 2019

When husband is not entitled to produce Audio CD as additional Evidence in Divorce proceeding?

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Careful perusal of the application having been filed by the husband, seeking therein permission to lead additional evidence, clearly sugge...
Thursday, 27 December 2018

Whether court can frame issue at the time of final argument?

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Mr. Das, learned counsel for the petitioner contends that the impugned order of the learned trial Judge is not only illegal, but it is vi...
Wednesday, 31 October 2018

Factors to be considered by court while deciding application for production of documents at the stage of final argument

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 Coming to the merits of these contentions, the first contention raised by the learned counsel for the petitioner with regard to the maint...
Sunday, 9 September 2018

Whether defendant can be permitted to examine doctor to ascertain mental condition of plaintiff at the stage of final argument ?

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 In view of the own admission of the plaintiff/petitioner No. 2 in the plaint that she had instituted the suit for cancellation of sale...
Tuesday, 5 June 2018

Whether a party can be permitted to file document at the stage of argument?

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It is clear from its bare reading that the parties or their counsel shall be required to produce all the documentary evidence in their pos...
Sunday, 12 November 2017

Whether court should allow amendment of plaint in partition suit for inclusion of all joint family property?

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It is undisputed that the petitioner has preferred application Exhibit 89 before the trial Court on 27.4.2015. The matter was in the midst...
Sunday, 16 April 2017

Whether magistrate can direct further investigation after taking cognizance of offence?

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 In contradistinction, Sections 156, 190, 200, 202 and 204 of the Cr.P.C clearly outline the powers of the Magistrate and the courses open...
Sunday, 14 August 2016

What is duty of court if he is allowing production of voter list at stage of final argument?

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Exhibit Nos. 6, 7 and 8 are the certified copies of voter list of village-Kudahansa of the year 1973, 1980 and 1983 respectively. Tho...
Thursday, 7 April 2016

Whether court can allow amendment of plaint at the stage of final argument?

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In a concurring judgment ((1909) 33 Bom 644), Beaman, J. observed: "The practice is to allow all amendments, whether introducing fr...
Sunday, 25 January 2015

Whether production of documents can allowed even at the stage of final argument?

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 It has been held by the supreme Court in the case of Billa Jagan Mohan Reddy & Anr. v. Billa Sanjeeva Reddy & Ors.,   MANU/S...