No Record of Road on Court May Cpc - The sources do not directly address the issue of a record of road in relation to Court proceedings under CPC. They discuss principles like res ipsa loquitur, demarcation reports, remedies under CPC, and procedural rulings, but do not specify the existence or absence of a record of road in court records. Rajasthan State Road Transport Corporation Jaipur VS Mangal Singh - Rajasthan
Remedies and Record Management in CPC Proceedings - Several sources highlight the importance of maintaining proper court records and the remedies available if records are lost or missing. For instance, when records are lost from the Court's custody, courts emphasize that acts of the Court are protected, and proper procedures must be followed to challenge decrees or seek remedies, such as applications under Order XXIII Rule 3 or Order XLVII Rule 1. Deepshree Singh VS Rishi Pratap Singh & Ors - Delhi, Jampala Malayadri Naidu VS Meruva Subrahmanyam - Andhra Pradesh, Gurudas Bhalchandra Shirodkar VS Shashikant Bhalchandra Shirodkar - Bombay, Balendu Lohiya VS Union of India - Delhi
Court Discretion and Evidence Handling - The sources also discuss the exercise of judicial discretion under CPC provisions, such as Order 8 Rule 1A(3), emphasizing that discretion must be exercised judiciously and relevant documents must be properly produced or considered. These principles indirectly relate to the importance of record-keeping and procedural correctness in civil cases. Satish Gaggar VS Satya Prakash - Rajasthan, Balendu Lohiya VS Union of India - Delhi
Analysis and Conclusion:
The provided sources do not explicitly mention the existence or absence of a record of road in Court records under CPC. Instead, they focus on general principles of record management, judicial discretion, and procedural remedies. The absence of a specific record of a road in court files would likely depend on the nature of the case and whether such record was relevant and properly filed. If a record of the road was not maintained or is missing, courts generally emphasize procedural remedies and the importance of proper record-keeping, but do not specify a record of road as a standard component of court records in CPC proceedings.
We must keep in mind the principle of res ipsa locutor in a given situation, it is for the tribunal to draw his inference regarding rashness and negligence from the material on record. We may usefully refer to a decision of Orissa High Court in Bhuban Chandra Dutta Gupta v. ... The Bombay High Court in Maharashtra State Road Transport Corporation & Ors. v. ... We may mention that in doing so the learned Single Judge has taken guidance from the number of precedents of this c....
Ratio Decidendi: The court relied on the demarcation report and Order 26 Rule 10(2) CPC, emphasizing that a person in possession ... Finding of the Court: The court found that the suit property fell in K.No. 37/2, granting the plaintiffs the relief ... Local Commissioner - Suit Property Demarcation - Order 26 Rule 10(2) CPC - K.No. 37/2 - K.No. 48 min and 49 min - K.No. 37/2 - ... Order 26 Rule 10(2) CPC provides that the report of the commissioner and the evidence taken by him shal....
Finding of the Court: The court dismissed the petition, stating that specific remedies are available to challenge a ... Issues: Challenge to decree, Jurisdiction under Article 227 of the Constitution of India Ratio Decidendi: The court ... remedies are available to challenge a decree, and the petitioner cannot bypass such remedies and invoke the jurisdiction of the court ... No.18213 of 2013 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 was thereafter filed seeking to place on #HL_STA....
established remedies under the Code of Civil Procedure. ... (A) Code of Civil Procedure, 1908 - Order IX Rule 13 - Article 227 - Family Settlement Deed - Petition challenging ex parte decree ... ... ... Findings of Court: ... The High Court found that the specific remedies available to the petitioner could not be bypassed ... No.18213 of 2013 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 was thereafter filed seeking to place on record a compromise arrived at between ....
Code of Civil Procedure, 1908 - Order 1, Rule 8 - Civil Appeal - Appellant was the defendant in Civil Suit ... village since the establishment of that village without any obstruction - Defendant erected a hut in his land through which the road ... kept open till then - Measurement of the hut was 17 x 1 - Said construction was made without permission from the Panchayat - Held, Court ... Patel has taken this Court through the judgment and the evidence on record in support of her contention that the First ....
Civil Procedure Code, 1908 - Order XLVII, Rule 1-Review application-Maintainability of-A review application filed against impugned ... judgment and order-Review Court while approving division as per said plan at page 36 held that considering all facts division of ... was made: it may be exercised where some mistake or error apparent on the face of record is found it may also be exercised on any analogous ground. ... The Supreme Court has also observed that it has to be kept in view tha....
The grounds on which the record was returned will not be available since no record of grounds for return is maintained in Court. ... However, in the present case, the loss of record is not from the custody of the Court. ... Finding of the Court: The court held that when a document is lost from the custody of a Court, since act of Court shall ... If the record is lost from the custody of the Court#HL_END....
framed by this Court. ... Finding of the Court: The trial Court decreed the suit filed by the respondent and held that suit property was let ... In appeal, the lower appellate Court up-held the eviction decree of the trial Court on the ground under Section 12 (1) (c) and 12 ... After going through the evidence on record this Court is unable to pursuade itself to agree with the counsel for the appellants that the finding of the Court below is such t....
The court held that the discretion granted to the court under Order 8, Rule 1A (3) CPC is not absolute and must be exercised judiciously ... ORDER 8, RULE 1A (3) CPC - PRODUCTION OF DOCUMENTS - DISCRETION OF COURT - RELEVANCE OF DOCUMENTS - STAGE OF TRIAL - BONA FIDES ... Whether the lower court erred in exercising its discretion under Order 8, Rule 1A (3) CPC to reject the petitioner's application ... Therefore, the court may send ....
Civil Procedure Code, 1908 - Order 21 Rule 11 (2) - Land Acquisition Act, 1894 - Section 31(3), 48 - Acquisition ... only the discretion on the part of the Appropriate Government - Held, there is no illegality in the order passed by the executing court ... A perusal of the record reveals the following points:- (i) That the Court passed the aforesaid judgment under Order 12 Rule 6 CPC. ... Moreover, the High Court being a court of records, its judgmen....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.