AI Overview...
- Court Cannot Make Out a Third Case - Main points and insights:
- Courts are not permitted to create or establish a case beyond what is pleaded by the parties involved. This principle is emphasized in civil and criminal proceedings, where the scope of the court's inquiry is limited to the pleadings and evidence on record. For instance, the Code of Civil Procedure, 1908 (Section 100) explicitly states that a lower appellate court cannot make out a third case beyond the pleadings Ratia Khatro VS Mostt. Bashiran - Jharkhand.
- In criminal cases, such as those based on circumstantial evidence, courts cannot fabricate additional facts or theories to justify a conviction if they are not part of the pleaded case or evidence presented by the prosecution or defense Uday Kumar Mehta VS State Of Jharkhand - Jharkhand.
- In civil matters, courts cannot assume or conjecture facts such as adverse possession or other claims unless these are specifically pleaded by the parties. The fundamental principle is that the court's inquiry is restricted to the case pleaded and the evidence adduced Baijnath Mahto VS Kishori Mahto - Current Civil Cases.
- Similarly, in family law, courts cannot grant relief based on unpleaded claims, such as adultery, unless these are explicitly raised and proved by the parties Suman Mandal VS Rajesh Kumar Mandal - Patna.
- In procedural contexts, appellate courts should not reverse judgments or make findings that effectively establish a third case, especially if such findings are not supported by the pleadings or evidence Rudramohan Mohapatra VS L. I. C. of India - Orissa.
- In administrative or tribunal settings, such as employment disputes, tribunals cannot formulate alternative or third cases for the parties when no such case has been pleaded or established Life Insurance Corp. of India VS Central Govt. Industrial Tribunal - Calcutta.
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Overall, courts and tribunals are bound by the pleadings and evidence presented; they cannot speculate, surmise, or create new cases ex officio, as doing so would violate principles of natural justice and procedural fairness Arjun Palit VS West Bengal Financial Corporation - Calcutta, Deb Narayan Halder VS Anushree Halder - Crimes, Deb Narayan Halder VS Anushree Halder - Supreme Court, Chand Khan VS State of Uttar Pradesh - Crimes.
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Analysis and Conclusion:
- The consistent legal principle across these sources underscores that courts must confine their judgments to the cases and issues explicitly pleaded and supported by evidence. Making out a third case without such basis undermines procedural fairness and exceeds judicial authority. Courts are tasked with evaluating the case as presented, not inventing new facts or theories, to ensure justice is administered based on the record and pleadings. Any deviation from this principle risks arbitrary decision-making and violates established procedural norms.
Search Results for "Court can Not Make out Third Case"
2001 0 Supreme(Jhk) 821 • India - Jharkhand
GURUSHARAN SHARMA
Code of Civil Procedure, 1908 – Section 100 – lower appellate court can not make out a third case by its own beyond the pleadings ... The court of appeal below applied provisions of the Indian Easement Act, 1882 and treated defendants as licensees, which was a third case made out by it. ... 9. ... On appeal by defendants 1 and 2 First Appellate court affirmed trial courts findings that case of purchase of suit prem....
2016 0 Supreme(Cal) 660 • India - Calcutta
DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
A court cannot make out a case not pleaded suo moto. 3. ... OUT A CASE NOT PLEADED SUO MOTO. ... in the tender process, not a third party. ... In absence of pleadings, a Court cannot make out a case not pleaded suo moto. Reference may be made to the decision of Bachhaj Nahar vs. ... contain the necessary averments to make out a particular case ....
• India - Crimes
N.S.HEGDE, B.P.SINGH
It is not permissible to the Court to conjecture and surmise and make out a third case not pleaded by the parties only to answer ... The Court is not permitted to conjecture and surmise. ... The enquiry by the Court is restricted to the evidence on record and the case pleaded by the parties. ... The enquiry by the Court is restricted to the evidence on record and the case pleaded....
2006 0 Supreme(Jhk) 14 • India - Jharkhand
N.DHINAKAR, M.Y.EQBAL
significance in a case based on circumstantial evidence—Trial Court cannot make out a third case to base conviction—Conviction cannot ... Indian Penal Code, 1860—Section 302—Murder—Circumstantial evidence—Motive behind the occurrence not established—Motive assumes great ... Therefore, the Court is to find out as to which version is true and the Court cannot make out a third case, but the trial #HL....
• India - Current Civil Cases
ANIL KUMAR CHOUDHARY
cannot make out a third case which is not pleaded by parties – Defendants have not pleaded any of ingredients of adverse possession ... nor it is case of defendants that they have perfected their title by way of adverse possession – As there is absolutely no pleading ... possession has continued, and (e) his possession was open and undisturbed – It is a fundamental principle of civil procedure that a court ... Further, it is a fundamental principle of civil procedure ....
2020 0 Supreme(Pat) 730 • India - Patna
DINESH KUMAR SINGH, ARVIND SRIVASTAVA
or adultery, has dissolved marriage – Court cannot grant relief which has not been prayed for – Court cannot make out a third case ... may allow petitioner not to make an adulterer as party if he is dead or if he could not know his name instead of due diligence. ... established before Family Court – Cause of action of respondent husband in matrimonial case, was adultery, desertion and cruelty ... ....
2006 0 Supreme(Ori) 655 • India - Orissa
M.M.DAS
PRACTICE AND PROCEDURE - A Court of fact is not entitled under law to make out a third case which is not the case of either of the ... , which is not the case of any of the parties to the lis - Lower appellate Court has acted without jurisdiction in coming to the ... CIVIL PROCEDURE CODE, 1908 - Sec. 100 - Appeal against reversing judgment - Finding of fact - Such finding makes out a third #HL_STA....
2003 6 Supreme 415 • India - Supreme Court
N.S.HEGDE, B.P.SINGH
It is not permissible to the Court to conjecture and surmise and make out a third case not pleaded by the parties only to answer ... The Court is not permitted to conjecture and surmise. ... The enquiry by the Court is restricted to the evidence on record and the case pleaded by the parties. ... The enquiry by the Court is restricted to the evidence on record and the case pleaded....
2001 0 Supreme(Cal) 572 • India - Calcutta
D.K.Seth
The Court also held that the Tribunal could not make out an alternative or third case for the workman when it had never been pleaded ... The Tribunal cannot make out an alternative or third case for a party when it had never pleaded any alternative case nor had ever ... Whether the Tribunal could make out an alternative or third case for the workman when it had never been pleaded....
• India - Crimes
A.S.ANAND, M.K.MUKHERJEE
But it was not at all justified to make out a third case entering into the domain of speculation. ... Having gone through the record we do not find any reason to differ from the decision so arrived at by the High Court. ... case was true, for burden of proof was upon the prosecution. ... Equally justified the trial Court would have been in recording such an order if it found the defence case probable. But it was not#HL_END....
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