Judicial and Administrative Framework – Drafting, Pleadings and Appearances Important Questions

Question 1.
Limited judicial control over delegated legislation can be exercised by the Courts’. Discuss and cite leading case law, if any.
Answer:
Delegated legislative powers must be properly scrutinized by the Court and Legislature. The control of delegated legislation may be Procedural, Parliamentary and Judicial.

Judicial control
Judicial control can be exercised at the following two levels:

Delegation may be challenged as being unconstitutional, excessive or arbitrary.
That the statutory power has been improperly exercised.

Extent of delegation of power Vasant Lai Maganbhai Sanjanwala v. State of Bombay (AIR 1961 – SC 4) Subba Rao, J. observed as follows:
“The Constitution confers a power and imposes a duty on the legislature to make laws. The essential legislative function is the determination of the legislative policy and its formulation as a rule of conduct. Obviously, it cannot abdicate its functions in favour of another.”

Article 13 of Constitution of India states that any ordinances, order, by-law, rule, regulation, notification, etc. if found in violation of fundamental rights would be void being ultra vires the Constitution of India.
Limitations of delegated legislation set out under Article 13(3)(a) of the Constitution of India are as under :

Delegated Legislation should not infringe any provisions, basic structure (Keshavananda Bharati vs. State of Kerala AIR 1973 SC 1461) or even the philosophy as described in the Preamble of the Constitution of India.
Delegated legislation should not infringe any fundamental right.
The Court can inquire into whether delegated legislation is within the limits laid down by the statute. If such legislation:
i Runs counter to the provisions of the Act.
ii Has been made in excess of the authority delegated by the Legislature shall be declared ultra vires and hence invalid.

To find out whether administrative authorities have properly exercised the powers, the Courts have to construe the parent statute so as to find out the intention of the legislature i.e. it should not be found violating the articles of the Constitution of India. The scope of permissible delegation is fairly wide, however, it will sustain only if it does not, infringe the provisions of the Constitution of India.

Question 2.
Rush Bank a banking company, wants to take action against the defaulting borrower, being Company Secretary advise the appropriate forum to file the petition. Suggest, whether THFL and MBFC (not a banking company) can file the petition against the defaulting borrower before the same forum? Give a reasoned reply
Answer:
The Debt Recovery Tribunal is constituted under Section 3 of the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993 for expeditious adjudication and recovery of debts due to banks and financial institutions in order to reduce the non-performing assets of the Banks and Financial Institutions.

Aim of the Debts Recovery Tribunal:
The Debts Recovery Tribunal (DRT) enforces provisions of the Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993 and also Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests (SARFAESI) Act, 2002.

The Debts Recovery Tribunal receives claim applications from Banks and Financial Institutions against their defaulting borrowers.

The Debts Recovery Tribunal is fully empowered to pass comprehensive orders and can travel beyond the Civil Procedure Code to render complete justice.

The Debts Recovery Tribunal can appoint Receivers, Commissioners, pass ex-parte orders, ad-interim orders, interim orders apart from powers to Review its own decisions and hear appeals against orders passed by the Recover.

Conclusion:
In the present case, Rush Bank can file the petition before the Debt Recovery Tribunal against the defaulting borrower. Assuming THFL and MBFC being non-financial institutions cannot file the petition before the Debt Recovery Tribunal against the defaulting borrower as DRT acts as a single judicial forum for adjudication of cases as well as execution of the decrees passed for recovery o£ debts due to banks and financial institutions under RDDBFI Act and Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests (SARFAESI) Act, 2002.

Question 3.
Explain the following; Statement of a case by Appellate Tribunal to the Supreme Court of India under the Income-tax Act, 1961.
Answer:
Income-tax Act, 1961 comprises the following provisions for referring cases by Appellate Tribunal to the Supreme Court of India:- Section 257 of the Income-tax Act, 1961 makes provisions for reference of a case by the Appellate Tribunal to the Supreme Court.

It lays down if, on an application made under Section 256 of the Income-tax Act, 1961, the Appellate Tribunal is of the opinion that, on account of a conflict in the decisions of High Courts in respect of any particular question of law, it is expedient that a reference should be made directly to the Supreme Court, the Appellate Tribunal may draw up a statement of the case and refer it through its President direct to the Supreme Court.

Question 4.
‘X’ filed a civil suit for eviction and possession of his property against ‘Y’ an unauthorized occupier. But the case was ‘dismissed by default’ without any hearing and not considering merits of the case by Honourable Court, due to several non-appearance of ‘X’. Now ‘X’ again wants to file another civil case before the same Court for same cause of action. Advise ‘X’.
OR
Write notes on the following; Applicability of principle of res judicata.
Answer:
Section 11 of the Civil Procedure Code, 1908 defines the doctrine of Res Judicata. It aims at bringing finality to the litigation. The doctrine of the Res Judicata means that if a matter is already judged and no court will have the power to try any fresh suit or issues which has been already settled in the former suit between the same parties.

A final judgment rendered by a Court of competent jurisdiction is conclusive on merits as to rights of the parties and constitutes an absolute bar against subsequent action involving the same claim.
Satyadhan Ghosal vs. Deorajin Debi AIR 1960 SC 941.
“Supreme Court held that the object of principle of Res Judicata is to give finality to judicial decisions. ”

Following are the essential ingredients:

The former suit must have been a suit between the same parties or between the parties under whom they or any of them claim.
Such parties must have been litigating under the same title in the former suit.
The Court which decided the former suit must be a court competent to try.
The matter in the subsequent suit is directly and substantially is in issue with the matter in former suit which must have been heard and finally decided by the Court in the former suit. ‘

Conclusion:
In the present case the competent Court has dismissed without any hearing i. e. the case not been heard, and also case must be decided on merits. So the principle of Res Judicata does not apply, Mr. X can file a fresh suit before the competent Court.

Question 5.
Examine and comment on the following; Rejection of plaint will amount to decree.
OR
A civil suit was filed without disclosing the cause of action in the Plaint and the Honourable Court rejects the Plaint. Comment and advise the plaintiff for remedial measures, if any.
Answer:
Order 7, Rule 11 of the Code of Civil Procedure, 1908 states that a plaint shall be rejected in the following cases:-

Where it does not disclose a cause of action.
Where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so.
Where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within a time to be fixed by the Court, fails to do so.
Where the suit appears from the statement in the plaint to be barred by any law.
Where it is not filed in duplicate.
Where the plaintiff fails to comply with the provision of Rule 9. Order VII, R.9 CPC refers to the procedure on admitting plaint.

Procedure on Rejecting Plaint:
As per Order VII Rule 12, where the plaint is rejected the judge shall record an order to that effect with the reasons for such order.

As per Order VII Rule 13, rejection of a plaint on any of the grounds hereinbefore mentioned shall not of its own force, preclude the Plaintiff from presenting a fresh plaint in respect of the same cause of action.

Conclusion:
Therefore, the Court has power to reject the plaint where it does not disclose – the cause of action. However, the rejection of plaint on non-disclosure of cause of action does not of its own force bar the Plaintiff from presenting a fresh plaint. The plaintiff can present a fresh plaint. Rejection of plaint amounts to deemed decree.

Question 6.
Write down an application for setting aside Ex-parte decree with the relevant provisions of law.
Answer:
IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(OS) NO………. /2019
Application No…./2019
IN THE MATTER OF:
AB
S/o…………………
R/o…………………

Plaintiff

Versus

CD
S/o…………………
R/o…………………

Defendant

Application For Setting Aside Ex-parte Decree Under Order 9 Rule 13 Civil Procedure Code:
Most Respectfully Showeth:

That the applicant was one of the defendants in the above case and an ex parte decree has been passed against him on January 21, 2019.
That the applicant received the summons from the Court.
That thereafter the defendant approached its counsel to represent him in Court.
That the defendant signed the vakalatnama and was expecting that the council shall appear on the date of hearing.
That, however, the council did not appear before the Hon’ble Court and further failed to inform the defendant his unwillingness to appear.
That when the defendant called the council to inquire about the hearing, he did not respond.
That thereafter the defendant found out that an ex-parte decree has been passed.
That great amount of injury will be caused to the defendant if the ex-parte decree is not set aside.

Prayer:
In light of the aforementioned facts it is prayed that this Hon’ble Court may be pleased to:

Set aside the ex-parte decree dated January 21, 2019
Such further orders as this Hon’ble Court may deem fit and proper.

Place: ……………………..
Date: ……………………..

Signature of the Applicant

THROUGH

Advocate for the Applicant

Followed by Affidavit

Question 7.
Write notes on the following; Enumerate the stages of a criminal trial in a summons case.
Answer:
According to Section 2(w) of Code of Criminal Procedure, 1973, summons cases are those cases in which an offence is punishable with an imprisonment of fewer than two.

Following are the stages of criminal trial in a summons case:

Pre-trial: In this stage, the process such as filing of FIR and investigation is conducted.

Charges: In summons trials, charges are not framed in writing. The accused appears before the Court or is brought before the Court and the Magistrate would orally state the facts of the offence he is answerable.

Plea of guilty: The Magistrate after stating the facts of the offence will ask the accused if he pleads guilty or has any defence to support his case. If the accused pleads guilty, the Magistrate records the statement in the words of the accused as far as possible and may convict him on his discretion.

Plea of guilty and absence of the accused: In cases of petty offences, where the accused wants to plead guilty without appearing in the Court, the accused should send a letter containing an acceptance of guilt and the amount of fine provided in the summons. The Magistrate can on his discretion convict the accused.

Prosecution and defence evidence: If the accused does not plead guilty, then the process of trial starts. The prosecution and the defence are asked to present evidence in support of their cases. The Magistrate is also empowered to take the statement of the accused.

Judgment: The quantum of sentence awarded is the sole discretion of the judge. If the accused is acquitted, the prosecution has the right to appeal. This right to appeal is also extended to the accused.

Question 8.
Distinguish between the following; Summons and Warrant.
Answer:
Following is the difference between summon and warrant:

Summon	Warrant
1. Summon is a type of notice comprising details of the parties and the nature of case/suit issued by the Court directing a person to appear in the Court or to produce a document before the judge in the Court. It can be issued in both civil and criminal cases.	Warrant is described as a legal document issued by a judge or magistrate, which empowers a police officer to make an arrest, search or seize premises or undertake any action, concerning the administration of justice.
2. The Court orders to issue summon to the defendant to notify that he or she is sued and need to appear in the Court. It can be issued to any person directly or indirectly involved in the case.	It is an official authorization to the law enforcement officer to arrest the accused and produce before the judge in the Court.
3. There are no. types in summons.	Warrants are of two types: Bailable warrants Non-bailable warrants
4. Noncompliance of summons may result in issuance of warrants.	Noncompliance of bailable warrants may result in issuance of non-bailable warrants. Noncompliance of non-bailable warrants may result in declaration of proclaimed offenders.

Question 9.
Distinguish between the following; Summons case and Warrants case.
Answer:
Following is the difference between summons case and warrants case:

Summons Case	Warrants Case
1. Section 2(w) of the Code of Criminal Procedure, 1973 defines sum- mon-case.	Section 2(x) oi Code of Criminal Procedure, 1973 defines a warrant case.
2. Cases in which an offence is punishable with imprisonment of fewer than two years is a summons case.	Warrant case is one which relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
3. A summons case doesn’t require the method of preparing the evidence.	The trial in warrant cases starts either by the filing of FIR in a police station or by filing a complaint before a Magistrate.
4. A summons case can be converted into a warrant case by the Magistrate if after looking into the case, he thinks that the case is not a summon case.	A warrant case cannot be converted into a summons case.
5. The person accused should be informed about the charges orally. No need for framing the charges in writing. Charges must be mentioned in a warrant case.	The accused gets only one opportunity to cross-examine the witnesses. The accused can examine and cross-examine the witnesses more than once.

Question 10.
Explain Summary Trial.
Answer:
Summary trial is the name given to trials where cases are disposed of speedily and the procedure are simplified. The recording of such trials are done summarily.

Following are legal aspects of summary trial:
Summary trials provide to procure justice even for small offences that may otherwise have taken years to complete legal proceedings. Those cases in which an offence is punishable with an imprisonment of not more than 2 years can be tried in a summary way.
Summary trials may be conducted in High Courts, City Civil Courts or Courts of Small Causes. It may also be conducted in certain other courts. However, the High Court may by notification in the Official Gazette order that only a particular category of suits may be tried by such court.

Procedure of Summary Trial:

The trial procedure is provided from Section 260 to Section 265 of the Code of Criminal Procedure, 1973.
The procedure followed in the summary trial is similar to summons case.
In the judgment of a summary trial, the judge should record the substance of the evidence and a brief statement of the finding of the court with reasons. Imprisonment up to three months can be passed.

Stages of Criminal Trial in Summary Cases:

The procedure followed in the summary trial is similar to summons case.
Imprisonment up to three months can be passed.
In the judgment of a summary trial, the judge should record the substance of the evidence and a brief statement of the finding of the court with reasons.

Question 11.
Sohan is tried summarily by the Metropolitan Magistrate on the charge of committing theft and is sentenced to undergo imprisonment for a period of six months. Can Sohan challenge this decision? If so, on what grounds?
Answer:
A summary trial’ is a fast-track procedure that provides for speedy trial of cases. Following are the legal provisions on summary trial:

Under Section 260 of the Code of Criminal Procedure, 1973, any Magistrate of First Class or a Metropolitan Magistrate or a Chief Judicial Magistrate can hear cases of offences not punishable with death, life imprisonment or even imprisonment or more than two years in a summary trial.

For example: Offences like petty theft (where the value of the stolen property does not exceed rupees two hundred), assisting in such theft or in keeping its proceeds hidden, acquiring or keeping such stolen property, trespass, breaking into a house, insulting someone with the intention of provoking him to a violent act, and helping anyone in the performance of these crimes.

Section 261 of the Code of Criminal Procedure, 1973, covers the conduct of a summary trial by a Magistrate of second class.
In the judgment of a summary trial, the judge should record the substance of the evidence and a brief statement of the finding of the court with reasons. Imprisonment up to three months can be passed.

Conclusion:
In the present case the Magistrate has sentenced to undergo im¬prisonment for a period of six months on the charge of committing theft. However, in a summary trial, maximum punishment that can be awarded is three months. Hence, can challenge the decision of the Magistrate.

Question 12.
Can revision application be made where aggrieved party has right to appeal in the matter? Elucidate with relevant provisions of Criminal Procedure Code.
Answer:
Sections 397 to 401 of the Code of Criminal Procedure, 1973, deals with revisional jurisdiction of the High Court and the Sessions Court.

Object of the revision:
The object of the revision is to confer upon superior criminal Courts a supervisory jurisdiction in order to correct miscarriage of justice arising from misconception of law, irregularity of procedure which has resulted in some injury to the due maintenance of law and order and causing undeserved hardship to individuals.

Section 401 of the Code of Criminal Procedure, 1973:
Sub-section (4) of Section 401 of the Code of Criminal Procedure, 1973, provides where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

General rule: Where appeal lies Revision not maintainable:
The Code of Criminal Procedure provides a remedy, by way of appeal and if the party does not file an appeal against an order of the inferior Criminal Court, he will not be permitted to prefer a revision against that order.

Exception to the rule:
Legal bar does not stand in the way of High Court’s exercise of power of revision suo moto. It can itself call for the records of proceedings of any inferior Criminal Court and has power to enhance the sentence by exercising its revisional jurisdiction.

The power however is to be exercised only in exceptional cases where there has been a miscarriage of justice owing to a defect in the procedure or a manifest error on the point of law, excess of jurisdiction, abuse of power, where decision upon which the trial court relied has since been reversed or overruled when the revision appeal is being heard.

Question 13.
An application for revision had been made before the Sessions Judge, can another revision be filed before High Court? Whether application of revision can only be filed directly before the High Court?
Answer:
Sections 397 to 401 of the Code of Criminal Procedure, 1973, deals with the revisional jurisdiction of the High Court and the Sessions Court.

Second Revision not maintainable:
Section 397(3) of the Code of Criminal Procedure, 1973 states that if an application under this section has been made by any person for the revision either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. Only one revision is permitted.

Revision Application made directly to the High Court:
A person can directly move a revision application to the High Court without first approaching the Sessions Judge. But if he moves to Sessions Judge he cannot thereafter approach the High Court for another revision.

Question 14.
Distinguish between reference and review application in a High Court. (June 2011, 4 marks)
Answer:
Following are the differences between reference and review:

Reference	Review
1. 2 Section 113 and Order XLVI of Civil Procedure Code, 1908 deals with reference.	Section 114 and Order XLVII of the Code of Civil Procedure, 1908 deals with review.
2. In reference, it is the Subordinate Court and not the party which refers the case to the High Court.	In case of review,’ the application is made by the aggrieved party.
3. The High Court alone can decide the matters of reference.	Review is heard by the Court which passed the decree or order against which review lies.
4. Reference is made pending a suit, appeal or execution.	An application for review can be made only after the decree or order is made.
5. The Court shall refer the matter if it is necessary for the disposal of a case to decide a question about the validity of any Act, Ordinance or Regulation and the Court is of the opinion that the Act, Ordinance of Regulation is invalid or inoperative but has not been so declared by the High Court of that State or the Supreme Court.	Review shall be made if: Discovery of any new or an important matter. Mistake or error apparent on the face of the record. Any other sufficient reason.

Question 15.
Distinguish between the following; Revision and Appeal.
Answer:
The following are the differences between revision and appeal:

Revision	Appeal
1. Section 115 of Civil Procedure Code 1908 deals with -revision.	Sections 96-104 of Civil Procedure Code 1908 deals with appeal.
2. Revision lies only to High Court.	Appeal lies to a superior Court which may or may not be High Court.
3. Revision lies against those cases where no appeal lies to any superior Court.	An appeal lies only from a decree and appealable orders.
4. Revisionary powers arc purely dis-creation in nature.	Right to appeal is a substantive right.
5. Revision can lie only on the ground of irregularity of jurisdiction.	Appeal lies on questions of facts and law.
6. Revision lies when an application is filed by either party or High Court suo moto invoke its jurisdiction.	An appeal shall lie only when a memorandum of appeal is filed in the Superior Court by the parties.

Question 16.
You are not happy with the judgment issued by the Court. The client has approached the lawyer to file an application for review of the judgment. Draft an application for review of the judgment.
Answer:

IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(OS) No….. /2017
IANo……/2017

A.B

APPLICANT

Versus

C.D

OPPOSITE PARTY

Application For Review Of A Judgment Under Or. 47, R. 1 Of Code Of Civil Procedure

The above-named applicant most respectfully showeth:

That the opposite party herein instituted a suit against the applicant herein/defendant before this Court and obtained a judgment and a decree in his favour on
That no appeal is allowed against the said judgment/decree by law and no appeal has been preferred against the said decree.

That the applicant herein/defendant are aggrieved with the said decree and pray for review on the following grounds:

That the defendant has discovered new and important evidence in the matter which is imperative to be brought on record.
That there are some mistakes or errors apparent on the face of the record. –
Any other sufficient reason.

If the present application is not allowed great harm and injury will be caused to the applicant.

Prayer:
It is, therefore prayed that this Hon’ble Court may be pleased to:-

Set aside the judgment.
Re-hear the suit and pass judgment accordingly.
Such further orders as this Hon’ble Court may deem fit and proper.

APPLICANT

Place:
Date:

THROUGH

ADVOCATE DETAILS

Followed by Affidavit

Question 17.
In a pending Suit defendant filed written statement denying Plaintiff’s claim for right of recovery of building. In this process, he filed list of five witnesses before the Hon’ble Court, three of whom were employees of City Development Authority. Court summoned three defence witnesses out of the list of five witnesses filed by the defendant and closed the evidence stage. Court passed a cryptic and unreasoned order. With a view to cure this defect in trial of the suit and to prevent the miscarriage of justice, defendant decided to file Revision Petition. Draft a suitable Revision Petition taking into account the above facts and assume data, wherever required.
Answer:

IN THE HIGH COURT OF DELHI AT NEW DELHI
(Civil Appellate Jurisdiction)
Civil Revision No…of 2020

IN THE MATTER OF:
ABC
S/o ………………………..
R/o ………………………..

Petitioner

Versus

XYZ
S/o ………………………..
R/o ………………………..

Civil Revision Against The Order Dated 3Rd February 2020 Passed By The Learned Civil Judge, Saket In The Suit No. 8 Of 2019

May it please the Hon’ble Chief Justice, High Court of Delhi and his companion Judges.

The petitioner is most respectfully showeth:

1. That the petitioner named above has filed a suit against the respon¬dents for the recovery of possession of a house more fully described in the schedule 1.

2. That copy of the plaint filed before the Civil Judge is annexed as Annexure -1. The suit is pending in the court of Civil Judge, Saket and the next date of hearing is 20th March 2020.

3. That on being summoned, the respondent herein and the defendant in the suit appeared before the court below and filed his written state¬ment wherein he denied the plaintiff’s title set up in the suit property.

4. That the trial court framed issues on 1st January 2020 and directed the petitioner (plaintiff) to produce evidence, upon which the petitioner promptly furnished to the court below a list of witnesses, making a
request that the witness be summoned by that Court. Copy of the list of witnesses is annexed as ANNEXURE 2.

5. That on a previous date of hearing; 3rd February 2020, two witnesses of the petitioner had appeared and their statements were recorded. However, the learned Presiding produced by the petitioner-plaintiff on his own without seeking the assistance of the court.

6. That the order was passed despite a request by the petitioner that at least those witnesses named in the list who are State employees should be summoned by the court, as they are required to produce and prove some official records. However, the learned trial court by the order impugned in this revision closed the evidence of the petitioner herein/plaintiff on the ground that the remaining witnesses were not produced by him. Copy of the order dated 3rd February is annexed as ANNEXURE 3.

7. That the impugned order has caused great prejudice to the petitioner and if the same is allowed to stand the petitioner’s suit is bound to fail.

8. That the trial court has unjustifiably denied assistance of the court to the petitioner/plaintiff to secure the attendance of his witnesses. The interests of justice demand that he is provided with all legal assistance in this regard.

9. That this Court has jurisdiction to admit, entertain and adjudicate the present revision petition.

10. That this petition is not barred by limitation

Prayer

In the facts and circumstances discussed above the petitioner prays that this Hon’ble Court be pleased to:-

Quash and set aside the order dated 3rd February 2020 passed by the learned Civil Judge, Saket.
Direct the Court below to provide assistance of the court for sum¬moning the plaintiff-witnesses.
Such further orders as this Hon’ble Court may deem fit and proper.

PETITIONER

Place: ………………………
Date: ………………………

THROUGH

ADVOCATE DETAILS

Followed by Affidavit

Question 18.
In a pending suit for recovery of possession of house, the defendant filed written statement denying plaintiff right of recovery. A list of four witnesses, two of whom were employees of Municipal Corporation was } also filed. It was approved by the court. Summons to two defence witnesses (DWs) were issued by court. They were duly examined. But the court, in a j cryptic unreasoned order, refused to summon remaining DWs with public j record in defence of the defendant and closed the evidence stage. Draft j a specimen revision petition to cure this defect in the trial of the suit and, j thus, to prevent the miscarriage of justice. Assume hypothetical data, if necessary.

IN THE HIGH COURT OF ……………………..
CIVIL APPELLATE JURISDICTION CIVIL REVISION NO OF 2016

IN THE MATTER OF:
ABC
S/o ……………………….
R/o ……………………….

Petitioner

Versus

XYZ
S/o ……………………….
R/o ……………………….

Respondent

CIVIL REVISION AGAINST THE ORDER DATED ………………………. PASSED
BY THE LEARNED SUB-JUDGE, 1ST CLASS ………………………. IN THE SUIT ‘
ENTITLED ABC -VS.- XYZ (CIVIL SUIT NO ………………………. OF 2016)

May it please the Hon’ble Chief Justice and his companion Justices.

The Petitioner Most Respectfully Showeth:

That the petitioner named above has filed a suit against the respondents for the recovery of possession of a house situated in ……………………… fully described in the plaint.
The suit is pending in the court of Sub-Judge 1st Class ……………………… and the next date of hearing is ……………………… .
That on being summoned the defendant appeared before the court below and filed his written statement wherein he denied the petitioner’s right of recovery. A list of four witnesses, two of whom were employees of Municipal Corporation was also filed.
That the tried court framed issues on ……………………… and summoned two defence witnesses.
That on a previous date of hearing that is ……………………… 2016, two defence witnesses duly examined. However, the learned Presiding Officer of the court below, in a cryptic unreasoned order, refused to summon remaining defence witnesses with public record in defence of the defendant.
That on the next date of hearing the learned trial court by the order impugned in this revision closed the evidence stage.
That the impugned order has caused great prejudice to the petitioner and if the same is allowed to stand the petitioner’s suit is bound to fail.

Prayer

In light of the facts and circumstances the petitioner prays that this Hon’ble Court be pleased to:

Quash and set aside the order under revision
Direct the court below to provide assistance of the court for summoning the plaintiff witnesses.
Such further orders as this Hon’ble Court my deem fit and proper.

PETITIONER

Place: ……………………..

THROUGH

Date: ……………………..

ADVOCATE DETAILS

Followed by Affidavit

Question 19.
Comment on the three-tier consumer redressal forum?
Answer:
To protect the rights of the consumers in India and establish a mechanism for settlement of consumer disputes, a three-tier redressal forum containing:

The District Consumer Forum deals with consumer disputes involving a value of up to Rupees 1 crore.
Does State Commission have jurisdiction in consumer disputes exceeding value of ₹ 1 crore but does not exceed rupees 10 crores.
The National Commission deals in consumer disputes above ₹ 10 crores, in respect of defects in goods and or deficiency in service.
It is important to note that consumer Courts do not entertain complaints for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.

Question 20.
Comment: Elucidate types of jurisdiction of Civil Courts.
Answer:
Jurisdiction means the competency of the Courts to admit, entertain and try civil suits. Jurisdiction can be classified as follows:

Type 1	Type 2
Original Jurisdiction: A Court adjudicates suits filed for the first time.	Pecuniary: On the basis of Value. For example- Delhi High Court can try cases of Value of ₹ 2 crores and above. Matters below 2 crores are adjudicated by District Courts in Delhi.
Appellate Jurisdiction: A Court hears appeals against decisions or decrees passed by sub-ordinate Courts.	Territorial: The purpose of territorial jurisdiction is to ensure smooth and speedy trial of the matter with least inconvenience to the affected parties. The territorial jurisdiction is conferred on a Court by following factors:- (i) By virtue of the fact of residence of the Defendant. (ii) By virtue of location of subject matter within jurisdiction of the Court. (iii) By virtue of cause of action arising within jurisdiction of such Court.
Extraordinary Jurisdiction Supreme Court and High Court exercise its power to decide writ petitions filed under Articles 32 and 226 of Constitution of India.	As to subject matter: For example, Motor Vehicles Act provides for special tribunal for matters under it. Similarly, disputes relating to terms of service of government servants go to Administrative Tribunals.

Question 21.
Comment; Plaint. What are the contents of a plaint?
Answer:
Plaint is the first pleading in a civil suit. It is a statement of the plaintiff’s claim and its object is simply to state the grounds upon, and the relief in respect of which he seeks the assistance of the Court.
Order VII, R.l CPC: Every plaint must contain the following things:-

The name of the Court in which the suit is brought;
The name, description and place of residence of the plaintiff;
The name, description and place of residence of the defendant, so far as they can be ascertained;
Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
The facts constituting the cause of action and when it arose;
The facts showing that the Court has jurisdiction;
The relief which the plaintiff claims;
Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished;
A statement of the value of the subject matter of the suit for the pur¬poses of jurisdiction and of Court fees, so far as the case admits.

Question 22.
Write notes on the following; Enumerate the stages of a criminal trial in a warrant case when instituted by the police report.
Answer:
According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Following are the stages of a warrant case:
First Information Report: An FIR is information given by someone registered under Section 154 of the Code of Criminal Procedure, 1973. FIR puts the case into motion.

Investigation: Investigation is done by the investigating officer by g examining facts and circumstances, collecting evidence and a police report is filed with the Magistrate.

Charges: If after considering the police report, the accused is not discharged then the Court frames charges under which he is to be tried.

Plea of guilty: After framing of the charges the accused is given an opportunity to plead guilty and if he does so voluntarily, the judge may upon its discretion convict the accused.

Prosecution evidence: After the charges are framed, and the accused pleads not guilty, then the Court requires the prosecution to produce evidence to prove the guilt of the accused. This process is called “examination in chief”.

Statement of the accused: Section 313 of the Criminal Procedure Code, 1973 gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of accused are not recorded under oath.

Defence evidence: An opportunity is given to the accused to produce evidence so as to defend his case. The defence can produce both oral and documentary evidence.

Judgment: The final decision of the Court with reasons given in support of the acquittal or conviction of the accused is known as judgment. When the person is convicted, then both sides are invited to give arguments on the punishment which is to be awarded.

Question 23.
Write notes on the following; enumerate the stages of a criminal trial in a warrant case when private complaint is instituted.
Answer:
Following are the stages of a criminal trial in a warrant case when private complaint is instituted:
If police refuse to register FIR, one can directly approach the Criminal Court under Section 156 of Criminal Procedure Code, 1973 along with a complaint.

On the filing of the complaint, the Court will examine the complainant and its witnesses to decide whether any offence is made out against the accused.

After examination of the complainant, the Magistrate may order an inquiry into the matter by the police and to get him submit a report for the same.

Upon examination of the complaint and the investigation report, if the Court concludes that the complaint is genuine and the prosecution has sufficient evidence against the accused, it may issue a warrant or a summon depending on the facts.

If the Court does not find any sufficient material, shall dismiss the complaint and record its reason for dismissal.

Question 6.
Distinguish between the following:-
a. Review & revision
b. Reference and revision
c. Appeal and review
Answer:
Review & Revision:

Power of revision can only be exercised by the High Court while the power of review lies with the Court which passed the decree or made the order.
Revision lies only in cases where no appeal lies to the High Court but review can be made even when an appeal lies to the High Court.
Revision powers can be exercised by the High Court even suo moto (on its own motion) while review lies only when an application has been made by an aggrieved party.
The order passed in revision is not appealable while the order granting review is appealable.

Reference And Revision:

In reference, a case is referred to the High Court by the subordinate Court while in revision jurisdiction of High Court is invoked either by the parties or by the High Court suo moto.
The ground of reference relates to a reasonable doubt on a question of law, while grounds for revision relate to jurisdictional errors of the subordinate Court.

Appeal And Review:

An appeal lies to superior Court while a review lies to the same Court.
Review heard by the same judge while appeal is heard by a different judge.
Grounds of appeal are wider than grounds of review.
A second appeal lies however a second review does not lie.

Judicial and Administrative Framework – Drafting, Pleadings and Appearances Important Questions

Judicial and Administrative Framework – Drafting, Pleadings and Appearances Important Questions

Drafting, Pleadings and Appearances Notes