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 a person to whom a plaintiff lays a claim or suit in a court of law against […]
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 accepted it. Similarly, the Indian legal system covered that concept in other statutes and acts. In this […]
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 in the suit. Then the ex parte decree, which is passed against a minor, is not bound […]
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 Court held that a compromise was made between the parties to the suit could be covered under […]
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 basis of compromise could not be called a decision by the court. In terms of compromise decree, […]
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. H. Sujan Singh and Ors( AIR 2009 SC (Supp) 2249), The supreme Court Rightly observed that, Cross-examination […]