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Showing posts with label party. Show all posts
Showing posts with label party. Show all posts
Saturday, 25 September 2021

Whether a party can directly produce documents at the stage of cross-examination of a witness without leave of court?

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  As to question No. 2:   35.  In fact having answered question No. 1, in the negative, that a party cannot be equated with a ‘witness’, the...

Whether A party to a suit (plaintiff/defendant) can be equated with a witness?

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The Civil Procedure Code uses the expressions ‘parties’ and ‘witness’, in contradistinction to each other. In an adversarial litigation, the...
Saturday, 28 September 2019

Whether party can seek permission to examine himself after examination of his witness?

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Under Rule 3A of Order XVIII, it is ordinarily necessary for a party to examine himself first before he examines any other witness on his b...
Monday, 13 May 2019

Whether Arbitrator can foist unilateral addition or alteration of a contract upon an unwilling party?

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However, when it comes to the public policy of India argument based upon “most basic notions of justice”, it is clear that this ground ...
Sunday, 5 August 2018

Whether court should direct future mesne profits even if it is not claimed by a party?

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The Supreme Court in R.S. Madanappa Vs. Chandramma MANU/SC/0356/1965 : AIR 1965 SC 1812 & Bhagwati Prasad Vs. Shri Chandramaul MANU/SC...
Saturday, 24 March 2018

Whether party can take inconsistent plea in addition written statement?

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But this does not and cannot the mean that the Court should allow liberty to the defendant to deal with the matter in an arbitrary manner...
Thursday, 19 October 2017

Whether a party can be permitted to amend grounds of appeal or writ petition after its disposal?

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No doubt, when there existed no ground of challenge on merits in the writ petition, High Court could not have adverted to it. We are also ...
Monday, 16 October 2017

Whether service of summons on advocate of party is proper service?

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Any process served on the pleader who has been duly appointed to act in the Court for any party or left at the office or ordinary reside...
Friday, 8 September 2017

Whether dead person can be party to suit?

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It is necessary to lay stress on the words "any right.... is alleged to exist" in both the rules. Both Rr. 1 and 3, in my opini...
Tuesday, 27 December 2016

Whether employee of a party can be appointed as arbitrator?

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In terms of Section 12(5) of the Arbitration and Conciliation (Amendment) Act, 2015 read with Schedule VII to the Act, any employee of a pa...
Tuesday, 25 October 2016

Whether proceeding under DV Act is tenable against relative of husband if husband is not party to proceeding?

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In the light of the above discussion, it is clear that a proceeding against the relative of the husband is perfectly maintain...
Saturday, 10 September 2016

Whether court can dismiss appeal filed by party on ground that appeal filed by non party is already dismissed?

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The High Court has while dismissing the application for condonation of delay made by the State dismissed even the appeal preferred by ...
Saturday, 27 August 2016

Landmark Judgment on expunging of adverse remark

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Their Lordships have also laid- down the test in considering the expunction of disparaging remarks made against persons or authorities w...
Monday, 4 April 2016

Whether party can made incorrect statements in affidavit in order to make it in conformity with prescribed proforma?

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Relying upon the aforesaid Judgment, learned counsel submits that once the testamentary petition is converted into a suit, provisions of...
Friday, 13 November 2015

Whether relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court?

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As a question of law is raised before this Court, the Court has restricted its finding only to that extent and answered that the relatives ...
Sunday, 8 November 2015

Whether son can be denied maintenance on the ground that he is not made party in proceeding U/S 125 of crpc?

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Another argument advanced by learned counsel for revisionist is that master Aryan, the minor son of revisionist was not made party in...
Tuesday, 18 August 2015

Whether party who has not come to court with clean hands is entitled to get decree for specific performance of contract?

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It is settled law that the party who seeks to avail of the equitable jurisdiction of a Court and specific performance being equitable relie...
Wednesday, 27 May 2015

Whether beneficiary of trust can be impleaded as party in suit for specific performance against trust?

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After due consideration of the rival submissions, we are of the view that the High Court erred in interfering with the order of the trial...
Sunday, 26 April 2015

Whether court can draw adverse inference if party fails to enter into witness box?

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Where a party to the suit does not appear into the witness box and states his own case on oath and does not offer himself to be cross exami...

Whether court can draw adverse inference if party fails to enter in witness box?

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DW1 admitted that she had no document showing her title to the suit plot and that the defendant had not obtained any licence for constru...