in re rule 3, there is no time given in regards to application of interrogatories, and s.30 says interrogatories can be given at any time if the suit. Does it mean that issue can be framed even after the interrogatory is reverted back.?
sir, i have a question regarding the other method taken by the party when the court does not settle the preliminary issues first. i couldn't understand the involvement of order 7 rule 11 in it. can u pls help me understand that again.
Sir ...Whether Rules of Constructive Res judicata applies on Rule 6 or not..? Cause there may be a case that there are 5 issues deemed necessary to be decided but parties agreed on only 3 of those issues for framing..
Sir suppose defendant admit some issues in written statement.... not all issue... But he not came in first hearing ..then according to order 14 rule 1 sub clouse 6 court not frame issues?
Court may decide the matter exparte if defendant doesn't come in the hearing of case. Admission is always be a string evidence which need not to be proved, on the other hand before exparte plaintiff has to prove his case
Sir jese ki sec 90 ya friendly suit mein jab decree ata hai wo appealable nahi hoti ky agr rule 7 mein koi decree ayega wo v ky appealable nahi hoga???
This order deals with framing of issues with the consent of both the parties, and thereafter parties r bound to prove their cases and court at the end pronounce judgment on those findings
sir I have one question not from cpc but crpc. I request and hope you will answer that. Sir can Judicial Magistrate order re-investigation in any condition in case made on FIR? it was asked in Punjab Judiciary Mains exam. In my opinion JM has no power to order re-investigation(de-novo investigation) only HC may pass such order u/s 482. Sir please tell the correct position in this regard. Thank You in anticipation.
In Pooja Pal vs Union of India, the Supreme Court ordered fresh investigation by CBI in a murder case of a politician, despite the fact that the trial on the basis of final report filed by the state police was pending. In Babubhai v. State of Gujarat and Others, the SC held that fair investigation is a part of the constitutional rights guaranteed under Art.20 and Art.21 of the Constitution of India and thus the investigating agency cannot be permitted to conduct an investigation in a tainted or biased manner. It was emphasized that where non - interference of the court would ultimately result in failure of justice, the court must interfere and in the interest of justice choose an independent agency to make a fresh investigation. Certain features of re-investigation are : Re-investigation can be ordered only by superior courts such as High Courts or the Supreme Court. Magistrate cannot order re-investigation. Police cannot conduct re-investigation on their own. There has to be a definite order of the Court for re-investigation. However, the police has power for further investigation under Section 173(8) CrPC, even without an order of the Court. The Code of Criminal Procedure does not mention 're-investigation'. I It can be ordered only in exceptional circumstances, where the unfairness of the investigation is such that it pricks the judicial conscience of the Court. It was held in Vinay Tyagi that re-investigation can be ordered when the Court is satisfied that the investigation ex facie is unfair, tainted, mala fide and smacks of foul play.
@@harpreetsinghkahlon2827 thanks sir for clarifying that judicial magistrate isn't empowered to order reinvestigation, the same order can be passed only by HC and SC. Thank you so much once again.
Vinubhai Haribhai Malaviya vs. State of Gujarat SC HELD that a Magistrate has power to order further investigation into an offence, even at a post cognizance stage, untill the trial commences. Plz read the full judgment before reaching at some conclusion.
