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Showing posts with label
trial court
.
Show all posts
Showing posts with label
trial court
.
Show all posts
Tuesday, 14 April 2026
Can a Court Allow a Time-Barred Amendment of Pleadings? Scope of Trial Court and First Appellate Court Powers Under Order VI Rule 17 CPC
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Order VI Rule 17 CPC confers a wide discretionary power on civil courts to permit amendment of pleadings at any stage if the amendment is ne...
Friday, 13 June 2025
Trial Courts Can Cancel Supreme Court Bail: Landmark Ruling Settles Jurisdictional Confusion
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In a groundbreaking judgment that resolves a long-standing jurisdictional confusion in criminal law, the Supreme Court has definitively es...
Sunday, 11 August 2024
What is the duty of the appellate court while deciding appeal against acquittal?
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We have heard learned counsel for the parties as also perused the evidence as well as the judgments of the two courts below. From the judgm...
Friday, 2 August 2024
Whether plaintiff should value his appeal on the basis of combined valuation of the plaint and counterclaim where both suit and counter-claim are dismissed?
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Where both suit and counter-claim are dismissed, the subject-matter of the appeal would be the plaint. Hence valuation would be as per the...
Whether the District Court (Appellate Court) lacks jurisdiction to entertain appeal when valuation of cross-objection exceeds pecuniary jurisdiction of the District Court?
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Having noticed the change in old Code and new unamended Code of Civil Procedure, let me now turn to the further legislative change brought ...
Thursday, 27 June 2024
Whether trial court should allow subsequent bail application of accused if his earlier bail applications were rejected by higher courts?
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In this context what has been stated by a three-Judge bench in Dinesh M.N. (S.P.) v. State of Gujarat MANU/SC/7526/2008 : (2008) 5 SCC 66 ...
Monday, 20 May 2024
What is the duty of revisional court while scrutinizing the trial court's order refusing to summon defence witnesses?
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We may, however, observe that when the trial Judge assigned reasons in support of his judgment, we are of the opinion that the High Court ...
Sunday, 19 May 2024
What are basic principles for exercise of revisional jurisdiction by high court at the instance of a private complainant?
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The High Court was exercising the revisional jurisdiction at the instance of a private complainant and, therefore, it is necessary to notice...
Supreme court has disapproved revisional court exercising original powers of trial court
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The High Court has in its revisional jurisdiction appraised the evidence which it could not have done. It is the trial court which has to de...
Wednesday, 1 May 2024
Bombay HC: The Appellate court should remand the case if the trial court has given a finding on title over suit property without framing issue on that point
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In this suit though specific averment is made in plaint about title and the same has been refuted by defendant, no specific issue in that ...
Whether the appellate court should remand a case because the trial court has not properly appreciated the evidence?
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A conjoint reading of Rules 23, 23A and 24 of Order XLI brings forth the scope as also contours of the powers of remand that when the avail...
Wednesday, 24 April 2024
Supreme Court: An appellate court is not competent to impose a punishment higher than the maximum that could have been imposed by the trial court.
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We have seen the three decisions to which the learned Judge has made reference and they undoubtedly support his conclusion. This decision wa...
Thursday, 8 February 2024
Useful Free Reference Material on Trial Court Procedure in Maharashtra
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FOR CIVIL COURTS - * Civil Manual (issued by Bombay High Court for Trial Court Procedure) https://court.mah.nic.in/courtweb/index_eng.php#...
Wednesday, 24 May 2023
Under which circumstances Appellate court will not have same powers as that of trial court?
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The appeal is considered to be an extension of the suit because under Section 107 of the Code of Civil Procedure, the appellate court has ...
Thursday, 16 February 2023
Under which exceptional circumstances the Appellate court can remand the case to trial court?
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An order of remand prolongs and delays the litigation and hence, should not be passed unless the appellate court finds that a re-trial is...
Saturday, 12 November 2022
Whether Unfair trial can be cured by fair appeal?
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It is then urged by learned Counsel for the appellant that the provision of an appeal under Section 22-A of the Act is a complete safeguar...
Saturday, 9 April 2022
Supreme court to Trial court: Try to complete cross-examination of witness on the same day
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We are informed by the complainant that there are four private witnesses. The grievance made is that whenever the first witness is under cro...
Sunday, 20 March 2022
Whether the accused must obtain the trial court's permission to renew the passport if a higher court stays the criminal proceeding?
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Arguably, case of the petitioner falls into this category. Be that as it may. (c) The impugned Endorsement is structured on the ground that...
Monday, 19 July 2021
Whether the trial court is under obligation while awarding multiple sentences to specify whether they would run concurrently or consecutively?
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For what has been provided in Section 31(1) CrPC read with the expositions of this Court, it follows that the Court of first instance is u...
Tuesday, 22 June 2021
Whether Magistrate or trial court can stay its bail order for a specific time?
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The learned Advocate for respondent No. 1 contended that bail order is passed after hearing the prosecution and putting proper conditions...
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