AI Overview...
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Jamaitrai v. Motilal Chamaria (AIR 1960 Cal 536) - The case emphasizes the utility of interrogatories in legal proceedings, stating that their administration should be encouraged as they often help resolve cases early, benefiting all parties involved. The court also clarified that interrogatories should be confined to obtaining admissions of fact necessary for proving one's case, and should not extend to evidence supporting the opposite party or to the contents of their case or witnesses Sonia Senroy of Mumbai VS Amit Senroy of Mumbai - Bombay, Santilata Dei VS Sumitra Mahakuda - Orissa, ASHOK KUMAR VS DALMIA INSTITUTE OF SCIENTIFIC AND INDUSTRIAL RESEARCH - Orissa.
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Main Points and Insights:
- Interrogatories are valuable tools for early case resolution and should be used judiciously Sonia Senroy of Mumbai VS Amit Senroy of Mumbai - Bombay, ASHOK KUMAR VS DALMIA INSTITUTE OF SCIENTIFIC AND INDUSTRIAL RESEARCH - Orissa.
- They should seek admissions of facts relevant to the case, not evidence or details about the opponent’s case or witnesses Laliteshwar Prasad Shahi VS Bateshwar Prasad - Patna, Major Singh VS Suresh Kumar - Punjab and Haryana.
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In the specific case, issues included whether a term of business existed and whether payments were made by the plaintiff to the defendant Ram Pravesh Rai Estate (P) Ltd. VS Rajesh Kumar Singh @ Munna - Patna, Ram Pravesh Rai Estate (P) Ltd. VS Rajesh Kumar Singh @ Munna - Patna.
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Analysis and Conclusion:
- The case underscores the importance of proper use of interrogatories in litigation, promoting efficiency by encouraging their use within defined limits. It also highlights the court’s stance that interrogatories should facilitate fact admissions necessary for establishing a case, rather than probing evidence or details that are part of the opposing party’s case strategy. This approach aims to streamline proceedings and avoid unnecessary disclosures Sonia Senroy of Mumbai VS Amit Senroy of Mumbai - Bombay, Santilata Dei VS Sumitra Mahakuda - Orissa, ASHOK KUMAR VS DALMIA INSTITUTE OF SCIENTIFIC AND INDUSTRIAL RESEARCH - Orissa.
Search Results for "Jamaitrai Motilal"
1998 0 Supreme(Bom) 248 • India - Bombay
UPASANI PRATIBHA
Grover appearing for the plaintiff relied upon A.I.R. 1960 Cal. 536 (Jamaitrai v. ... Motilal Chamaria)1, wherein, it is observed by the learned Judge of the Calcutta High Court that, "Administering of interrogatories is to be encouraged because they not infrequently bring an action to an end at an earlier stage to the advantage of all parties concerned................Interrogatories
2012 0 Supreme(Ori) 366 • India - Orissa
B.N.MAHAPATRA
(See Jamaitrai Bishan Sarup v. Motilal Chamaria (1960) A.C. 536.) ... 10. The Hon'ble Supreme Court in the case of Raj Narain v.
2016 0 Supreme(Pat) 92 • India - Patna
ADITYA KUMAR TRIVEDI
Central Bank of India, Calicut), AIR 1960 Calcutta 536 (Jamaitrai Bishansarup Vs. Rai Bahdur Motilal Chamaria), (1972) 3 SCC 850 (Raj Narain Vs. Smt. Indira Nehru Gandhi). ... 6. ... In Jamaitrai Vs. Motilal Chamaria as reported in AIR 1960 Calcutta 536, it has been held:— ... 4. One of the issues in this suit is whether there was a term of business as alleged by the plaintiff and whether payments were made by the plaintiff to the defendants.
2016 0 Supreme(Pat) 8 • India - Patna
ADITYA KUMAR TRIVEDI
Central Bank of India, Calicut), AIR 1960 Calcutta 536 (Jamaitrai Bishansarup v. Rai Bahdur Motilal Chamaria), (1972) 3 SCC 850 (Raj Narain v. Smt. Indira Nehru Gandhi). ... 6. ... In Jamaitrai v. Motilal Chamaria as reported in AIR 1960 Calcutta 536, it has been held:- ... 4. One of the issues in this suit is whether there was a term of business as alleged by the plaintiff and whether payments were made by the plaintiff to the defendants.
1963 0 Supreme(Pat) 5 • India - Patna
RAMRATNA SINGH, KANHAIYA SINGH
Kay, J., has laid down in Jamaitrai V/s. ... Motilal Chamaria, AIR 1960 Cal 536 that interrogatories should be confined to obtaining from the party interrogated, admissions of tact which it is necessary for the party interrogating to prove in order to establish his case; and with this observation of his Lordship I respectfully
2008 0 Supreme(P&H) 1978 • India - Punjab and Haryana
T.P.S.MANN
In Jamaitrai Bishansarup v. ... Rai Bahadur Motilal, AIR 1960 Cal. 536, it was held that in accordance with the general rules as to discovery, interrogatories may not extend to the evidence with which the opposite party intends to support the case at the trial or to the contents of his opponent’s brief or to the names of his witnesses
1991 0 Supreme(Ori) 382 • India - Orissa
K.C.JAGADEB ROY
Interrogatories - Partition Suit - Order 11, Rule 1 CPC - Jamaitrai Bishansarup Vs. ... Rai Bahadur Motilal Chamaria - AIR 1934 181 (Nagpur) - Ganga Devi Vs. Krushna Prasad Sharma - Thakur Prasad Vs. Md. ... In a case reported in Jamaitrai Bishansarup Vs. ... Rai Bahadur Motilal Chamaria, the court held as follows: ... In accordance with the general rules as to discovery, interrogatories may not extent to the evidence where with the opposite party intends to support his case at the trial, or to the contents of his oppone....
1959 0 Supreme(Cal) 242 • India - Calcutta
A.N.RAY
... ( 2 ) THERE are two affidavits affirmed On behalf of the defendant; one is affirmed by Sugan Chand Sarowgee on 24-7-1959 and the other is an affidavit of Rai Bahadur Motilal Chamaria affirmed on 22-9-1959. ... In the affidavit affirmed by Rai Bahadur Motilal Chamaria it is stated that the statements made in paragraph, 8 of the affidavit affirmed by Sugan Chand Sarowgee are correct and it is denied that payments were made by the plaintiff to parties on behalf of the defendant. ... The plaintiffs case in short is that there were dealings and transactions....
2015 0 Supreme(MP) 868 • India - Madhya Pradesh
SUJOY PAUL
In support of his contention, he relied on AIR 1960 Cal. 536 (Jamaitrai Bishansarup v. Rai Bahadur Motilal Chamaria), and AIR 1952 Nag. 135 (Ramlalsao v. Tansingh Lalsingh). ... 4. ... In Jamaitrai Bishansarup (supra), the Calcutta High Court opined that administering of interrogatories is to be encouraged because they not infrequently bring an action to an end at an earlier stage to the advantage of all parties concerned.
1985 0 Supreme(Ori) 133 • India - Orissa
D.P.MOHAPATRA
The Calcutta High Court in the case of Jamaitrai Bishansarup v. ... Rai Bahadur Motilal Chamaria AIR 1960 Cal 536 while laying down that the administering of interrogatories is to be encouraged because they not infrequently bring an action to an end at an earlier stage to the advantage of all parties concerned observed that interrogatories must
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