Trial of Civil Suits And Criminal Cases justice Mohammad Hamidul
TRIAL OF CIVIL SUITS Contents Jurisdiction of civil courts 1-8 Pecuniary Jurisdiction and Territorial Jurisdiction of civil courts Legal Jurisdiction-Section 9 of the Code Suits of Civil nature Right to property, right to office Jurisdiction barred expressly Construction of exclusion or ouster clause Jurisdiction barred impliedly Section 10 of the Code Analogous and simultaneous trial of suits 9-15 CHAPTER- HI The principle of Res Judicata Section of the Code Conditions for the application of the principle Res Judicata CHAPTER- Institution of suits 24-30 Particulars of the plaint Examination of the plaint Return of plaint, Order VII rule 10 Rejection of the Order rule Rejection of plaint under section 151 of the Code ix
Service of summons Personal service Service upon an agent Service upon an adult male member Service by affixing copy of the summons Service by registered post Substituted service Proof of service Rules 19 and 19A Summons 31-39 Necessary Transposition of parties Parties to the suit 40-44 Filing of Written Pre-trial Section Written statement 45-46 Order VIA of the Code Order X of the Code - 89 C Amendment of pleadings 47-52 Amendment of pleadings, Order VI the Code Amendment of the written statement Allowing amendment Framing of Issues, Order XTV of the Code Order XTV and Order XX Issues 53-55
CHAPTER- X Non-appearance of the parties Dismissal of the suit for non-appearance of the plaintiff, Rules and 8 of Order IX 9 Rule 9A Relief under section for restoration of a suit dismissed for default Non-appearance of the exparte decree Exparte decree - remedy under rale Sufficient cause Relief under section for setting aside an exparte decree Proviso to rule Limitation for filing a miscellaneous case under rule Rule 13A Rule 1 Sub-rule (4) (7) (3), Order Adjournments 66-67 Examination of witnesses and recording of evidence 68-81 Order of the Code and other relevant provisions Examination of witnesses and recording of evidence of witnesses of witnesses Other matters relating to examination of witnesses and recording of evidence Proof of documents and marking of exhibits
Pronouncement of Judgment 82-89 Order XX and other relevant provisions Assessment of the evidence on record, Burden of proof Compensatory cost 90-91 CHAPTER- XV Execution of decrees Order XXI and the relevant rules Powers of the executing court Stay of execution case Enforcement of decrees for specific performance of restitution of conjugal rights and for injunction, rule 32 Attachment of immovable property and objection to such rules 54-58 Sale of immovable property in execution of a decree, rules and Setting aside of sale, rules 89-91. Rules 100-103 Commissions and Local inspection 105-116 Commission to examine witnesses Commission for local investigation Commission to effect partition Commission to examine accounts Local inspection under rule 7 of Order XXXJX
CHAPTER- Interlocutory matters 117-137 Attachment before judgment, Order XXXVIII, rules 5 and 6 Some instances where the Superior Courts found the order of attachment before judgment not proper Temporary injunction, Order XXXLX Prima facie arguable case Irreparable loss Balance of convenience and inconvenience Temporary injunction - development work and public duties of any department Injunction against co-sharer Injunction in a suit for partition restraining a co-sharer from making any construction Injunction to stay execution Mandatory ad-interim injunction under section Disobedience of an order of injunction Issuance of temporary injunction when the maintainability of the suit is questioned Rule A of Order XXXJX Appointment receivers, Order XL Appointment of receiver in a suit for partition Appointment of receiver in a partnership suit Inherent power of the court Applicability of section 151 of the Code Maintainability of suits 143-166 Maintainability of suits in respect of a deed or a decree Maintainability of filed under section 9 of the Specific Relief Act Maintainability of suits for declaration of title to immovable property
Maintainability of suits against Maintainability of partition suits Question of maintainability raised at the interlocutory stage Question of maintainability on the ground of defect of parties Question of maintainability on the ground incompetency of the person who filed the suit Question of maintainability as regards locus standi, legal right or status. Maintainability of suits for permanent injunction Maintainability of Small Cause Court Suits Maintainability of suits of Family Courts Appeals 167-176 Appeals from decrees, section 96 of the Code and Order XLI Powers of the Appellate section 107 of the Code To determine the case finally Remanding a suit Taking of additional evidence Stay of proceedings and executions, Order XLI rule 5 Appeals from Orders Section 104 and Order of the Code Section the Code XXI Powers of the revisional court Limitation for filing of a revisional application (2) of section Revision 177-180 Trial of Family Courts Suits 181-188 Jurisdiction of the Family Courts Institution of suits xiv
Pre-trial proceeding and Recording of evidence Enforcement of decrees of the Family Courts Interim Orders Application and non-application of certain laws cases 189-207 Right of pre-emption under section 96 of the State Acquisition and Tenancy Act Who can file an application for pre-emption Splitting up of jama Application of the principle of waiver, acquiescence and estoppel Doctrine of partial pre-emption Conversion of an application for pre-emption Meaning of 'date of knowledge' Determination of the status of the petitioner and the purchaser Nature of the land transferred Addition of party Status of the co-petitioner Final order Application of Order JX Rule 9 and Rule 13 of the Code Trial Procedure of the Small Cause Courts Suits 208-209 CHAPTER-XXV Problems relating to suits for specific performance of contract 210-215 Granting of solatium Disputed question of title Application of section 27(b) of the Specific Relief Act Compliance with provisions of certain laws XV
The Limitation Act 216-248 Some important problems relating to different provisions of The Limitation Act Section 3 Section 5 Section 5 and 29 Section 6, 8 and Article 44 Section 14 Section 14 and section 29 Section 18 Section 22(1) Section 28, Articles 142, 144, 149 Extinguishment of right to property and Establishment of right to property by adverse possession Adverse possession against co-sharers of joint properties Application of Articles 142 and 144 Application of Article 149 When continuous and uninterrupted possession does not confer title Establishment of right to property on the basis of an invalid document Application of Article 120 Articles 182 of The Limitation Act and section 48 of the Code of Civil Procedure
n TRIAL OF Criminal Cases Contents General Principles 251-256 Innocence of the accused Defence taken by the accused persons Benefit of doubt Mens rea or motive Complaint case case Case) case (FIR Case) First Information Report (FIR) GD. Entry and FIR Unnatural death cases CHAPTER- Initiation of Criminal cases 257-270 Jurisdiction of Criminal Courts Sections -183, 188 Place of Inquiry and Trial 271-281 Search and Seizure 282-286 Section 103 the Code Use of the evidence of the seizure list witnesses
Arrest Detention and Remand Detention and Remand 287-290 Principles of taking of cognizance Naraji Petition Taking of Cognizance 291-296 Trial in Absentia Section 205C Section 205CC Section 205D Hearing under section Trial Procedure 297-301 CHAPTER- Framing of Charge 302-340 Principles to be followed at the time of charge Alteration of the charge Use of sections and 149 of the Penal Code in framing charge Framing of charge regarding offences of culpable homicide amounting to murder and not amounting to murder Framing of charge regarding offences of hurt and grievous hurt Framing of charge under section and 412 Penal Code Framing of Charge under sections 406 and 420 of the Penal Code Framing of charge and holding of trial of offences under Madak Niantran Ain Charge under sections 25B and 25C of the Special Powers Act Charge under section of the Arms Act
Discharge of the accused Discharge under section and of proceeding under section Application of sections 247and 249 of the Code 341-348 Application of section 247 Application of section 249 CHAPTER- X Summary Trial 349-351 Sections 260-265 of the Code CHAPTER- XI Recording of evidence and Use of evidence 352-360 Mode of taking and recording evidence in inquires and trial Order of examination of witnesses Number of witnesses Leading questions Cross-examination Re-examination and recall CHAPTER- Assessment of Evidence 361-376 Use of FIR in evidence Use of statements of witnesses recorded under section 161 of code Use of confessional statement recorded under section 164 in evidence Use of statement of a witness recorded under section 164 in evidence Use of extra-judicial confession in evidence Use of dying declaration in evidence Use of medical evidence Conflict between inquest report and post mortem report Use of report of an expert in evidence xix
Assessment of oral evidence Evidence of a child witness Evidence of a dumb witness Evidence of related and interested witnesses Evidence of a chance witness Evidence of hostile witnesses Evidence of the accused and the approver Examination of the accused under section 342 Effect of improper examination and under section 342 Use and evidentiary value of a statement under section 342 Hearing of arguments Delivery of judgment Operative part of the judgment Judgment 377-383 Appeal Procedure of hearing appeal Appeal by a fugitive Summary disposal of appeal Appeal against acquittal Appeal & Revision Appeal inadequacy of sentence Disposal of appeals Retrial Withdrawal of appeals Abatement of appeals under section Revision XX
CHAPTER-XV The Children 1974 Problems regarding trial, conviction, sentence of a child accused Ascertainment of the age of the accused Conviction and sentence of a child Section and 52 of the Act CHAPTER- XVI Miscellaneous 403-431 Postponement and adjournment of proceedings, section 344 Compounding of offences under section 345 Previous acquittal or section 403 Withdrawal from prosecution under section 494 Granting of bail under the Penal Code Granting of bail under other Penal Laws Cancellation of bail Bail under section 498 Disposal of properties under sections XXI