Civil procedure code 1908. MPHC Civil Judge Syllabus 2019-01-08

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Legal Knowledge: The Criminal Procedure Code, 1898

civil procedure code 1908

It is general inspection or search and Court cannot specify the particular house, room, or document. Arrest other than in execution of decree. It is Fundamental Rights of every person guaranteed under Constitution. Paste of the summons is the ir-rebut-able presumptions that notice has been served. I am attaching format of notice which can be used with changes to suit your case. It is authenticity of correctness of irregularity committed at lower level. Explanation — A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of.

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suit for recovery of money

civil procedure code 1908

However if he is unable to make such memorandum himself, he can cause such memorandum to be made in writing, or from his dictation in open Court. If the case is registered and challan is submitted and person who made information is not satisfied with the investigation agencies may withdraw. Everything which is contrary to law vitiates the trial therefore it is set aside. Section 21 renumbered as sub-section 1 thereof by Act No. It is the right of the first appellate court to come to a conclusion different from that of trial court on re-appraisal of evidence.

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J.P. SHAH BLOGS: TRY SEC 80 OF CIVIL PROCEDURE CODE FOR RTI

civil procedure code 1908

Interpreter is meant for the knowledge of accused so that he may know whether what is happening against him. The landlord not accepting rent when tendered by the legal heir nor collecting rent by himself since 25 years nor issuing any notice to the occupant i. Time consumed in investigation does not effect the genuineness of the case. Person who is unsatisfied with investigation may put writ petition then prosecution shall be based on petition and not on challan. Judiciary should not interfere with the police in matters, which are within their domain and into which the law imposes upon them the duty of enquiry. Appeal under sec 96 of the code of civil procedure We gave power so attorney10 years back to a relative to settle land loan on us. Such reports are not public documents and consequently an accused person is not entitled, before trial, to have copies of such reports.

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10 Things to Know About Indian Civil Procedure Code

civil procedure code 1908

This is not departure from the general rule that evidence must be recorded in the presence of accused. Confirmation of death penalty: Session Judge awards death sentence but this sentence requires the confirmation from High Court. Extra judicial confession: Extra judicial confession is the weakest type of evidence and normally cannot be made basis for conviction unless coming from unimpeachable source and being corroborated by independent evidence. Appeal has not been defined in Civil Procedure Code. Thus confession must be unconditional. Second appeal 1 Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. First Information Report should be got recorded promptly without losing time.

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suit for recovery of money

civil procedure code 1908

Whether the suspicion is reasonable or not, is a justice-able question. Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property. Commencement of trial: Separate trial is started against guilty approver after recording of his plea whether he has complied with all the conditions on which tender of pardon was made. The main object of this civil procedure code is to consolidate and amend the laws relating to the procedure and practices followed in the Civil Courts in India. Once the case is decided, the aggrieved party may prefer an appeal in appropriate court.

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Civil Procedure Code 1908 (CPC)

civil procedure code 1908

The Higher Courts have revision jurisdiction and can call for the record of any case which is already decided. Distinct offence: A person can be convicted again for the offence, which is distinct offence for which person was convicted previously. The dispute is between the defendants and they inter-plead against each other. In this way, the leader of the coalition or alliance formed after the elections should be given the chance at the last stage, when the other three alternatives are not possible for forming a stable government at the Centre. It cannot be used against the informer as confession. Breach of peace cannot be tolerated at any cost. Fundamental Rights are also protected under Constitution.

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MPHC Civil Judge Syllabus

civil procedure code 1908

Hence the framers of the code legislature provided inherent powers to the court to meet such circumstances where the code could not provide a procedure according to the principles of natural justice, equity and good conscience. Finding of guilt recorded on the basis of statement cannot be accepted as correct. Powers of other High Court to make rules as to matters other than procedure. Where is breach of contract, pardon stands cease to exist. Power of Court in executing transferred decree: 1 The court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. Power to transfer suits which may be instituted in more than one Court. If the act is done at one place and its consequences are occurred at another place, both Courts have jurisdiction to inquire and try the offender.


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Code of Civil Procedure, 1908

civil procedure code 1908

So far as his competency as witness is concerned, he is competent witness according to Article 16 of the Qanun-e-Shahadat Order, 1984. Demeanour of witness: Magistrate or Judge is also bound to record behaviour of the witness or accused during the taking of statement. It does not mean that entire trial is void but partially upto the extent of alleged irregularity or illegality. It should not be followed. Power of High Court to determine issues of fact. The High Court as well as the Court of Session has power to dispense with the attendance of an accused during trial on sufficient ground, i. It is mere source of collection of evidence, which may convict accused, but it is duty of Court.


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The position of the Prime Minister under the Indian Constitution in the light of his powers and functions

civil procedure code 1908

Attachment of property put greater pressure, which results in appearance in Court. It codifies principles of natural justice and for this reason is also referred to by judicial forums other than civil courts. For such a notification, see Gazette of India, 1909, Pt. Police requires prior warrant to apprehend the offender. In anyway Court has not to act in haste.


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