Who is a Defendant in Court?
In a Court of law, a defendant is a person( including an entity like a legal character or a company). That is accused or alleged of doing something wrong. In short, we can say that a defendant is…
Read more »Doctrine of Res Judicata under Civil Procedure Code,1908
Introduction The doctrine of Res judicata is ancient and historical worldwide. When we talk about that in India, the Civil Procedure Code 1908 under section 11 has defined the principle of Res judicata. After that, the administrative law…
Read more »Is the Ex parte decree passed against minors without proper representation valid?
We can find this answer in Rambadan Rai and others vs. Paltan Paswan and other,(AIR 1977 Pat 1), the Patana High Court held that, If a minor is a party to the suit and is not represented properly…
Read more »Is the compromise decree valid if all necessary parties have not signed on the compromise petition?
The decree passed on terms of compromise valid whether all necessary parties not signed in the compromise petition? In the case of Awadhesh Prasad Sharma vs. Prahlad Prasad Sharma and Ors (AIR 2014 PATNA 239), The Patana High…
Read more »Whether the decree passed based on compromise, it called the court’s decision?
Whether the decree passed based on compromise, it called the court’s decision? The supreme court dealt with the question in Pulavarthi Venkata Subba Rao Vs Valluri Jagannadha Rao,(A.I.R. S.C. 591), and observed that a decree passed on the…
Read more »Cross-examination is a defendant’s right; refusal by the court is grave prejudice to his defense.
Recall of witness – Cross-examination is a defendant’s right; refusal by the court is grave prejudice to his defense. Civil Procedure Code,1908, Order 18, Rule 17 In the case of M/s. Foodworld Super Markets Ltd. and Anr vs.…
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