CHAPTER I – INTRODUCTION
INTRODUCTION
Written Statement is not defined in the Code. It can be said that it is a term of specific connotation ordinarily signifying a reply to the plaint filed by the plaintiff. In other words, a written statement is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff in his plaint and also states any new facts in his favour or takes legal objections against the claim of the plaintiff.
When the notice has been issued to defendant regarding suit, he is obligated to appear on date mentioned in notice. Before such date, defendant is required to file his written statement, that is, his defence against the accusation raised by the plaintiff, within thirty days from the date of service of notice or within such time as given by the court.
A written statement should particularly refute the allegations and accusations which defendant believes are false and wrong. Any allegation not explicitly denied is considered to be admitted. The written statement should also include verification from defendant stating that the contents of written statement are accurate and truthful. The time period of thirty days for filing a Written Statement can be extended to ninety days after seeking the permission of court.
A written statement should be drafted cautiously and creatively. All general rules of pleading pertain to a written statement also. Before proceeding to draft a written statement, it is absolutely indispensable to scrutinize the plaint carefully. Similar to plaintiff, defendant should also take some defence simply or in the alternative even though they can be incoherent provided they are maintainable at law and are not distressing.
Court has power to pardon non filing...
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...n statement contained set-off or counter claim.
Though, in practice, habitually court grants permission even on oral application to file reply to written statements by a way of rejoinder.
The undercurrent leading to that attitude is perhaps a tacit consciousness that an unexpected situation pressed into service and cited as a cause for the delay in filing of the written statement, is more often than not unconnected with the delay. This tendency should not be permitted to continue.
BIBLIOGRAPHY
• Civil Procedure with Limitation Act, C.K. Takwani, Seventh Edition, Eastern Book Company.
• Abhinav Misra, The Code of Civil Procedure, 1908, Upkar Prakashan.
• Dr. A.B. Kafaltiya, Textbook on Pleading, Drafting and Conveyancing, Univeral Law House Publishing Co. Pvt. Ltd.
• Sumkumar Ray, The Code of Civil Procedure, 1908, Univeral Law House Publishing Co. Pvt. Ltd.
This confirms your assignment as the law clerk with primary responsibility for the above-entitled case. At the moment, a hearing date is not scheduled. However, once the hearing date is scheduled you may be required to prepare a bench memo. I will inform you as soon as the date for oral argument is scheduled.
Williams, CR, 1998, ‘The theory and practice of precedent’, Legal Date, vol. 10, no. 2, pp. 1-4.
In any legal proceedings, whether adversarial or inquisitorial, witnesses must be called upon to prove the existence or non-existence of each parties’ assertions. There are two kinds of legal proceeding that can be instituted in a court of law; these are the criminal case which involved the state against an accused person and the civil case which a an individual sues another individual to recover damages, compensation, enforcement, restitution e.tc.
After the defendant receives the summons, they must respond by filing an answer or preliminary motion within the federal court or preliminary objection within the state court. Th...
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
There were 22 workers at Elliott Construction at the time of the deposition: laborers, supervisors, machine operators, admin assistant, and bookkeeper. Elliott Construction provides training and all the employees took the training. He cannot recall when or what company gave the training, but all of the employees received certificates. The classes were trenching and shoring classes. Mr. Elliott has also taken safety classes, a six or seven hour TEEX shoring class. He does not remember when and where he took the class.
"That in all capital or criminal Prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for Evidence and be admitted counsel in his Favor, and to a fair and speedy Trial by an impartial Jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the Government of the land and naval Forces in Time of actual war, Invasion or Rebellion) nor can he be compelled to give Evidence against himself. "
After the prosecution and defence closing speeches in the Crown Court, the judge will give the jury directions on the law and a
The standard approach of writing that’s employed by most fields of academia is composed by; an introduction, body paragraphs, and a conclusion, all put together in an essay that must meet a minimum number of pages. In contrast, legal writing has three approaches towards writing and brevity is encouraged. Brevity is practiced in legal writing because adding unnecessary words can alter the analysis, meaning, and or outcome of the case. As a result, when doing legal writing, the author must signal the reader the different components of the case with
Closing Statements: The prosecution will make its closing argument, with the evidence as the prosecution sees it and describing why the jury should concentrate why there should be a guilty verdict. Then the defense will have their chance to explain why the defendant should be a "not guilty" verdict—or at least a guilty verdict on only a lesser charge. The prosecution can the last word, to reason with the jury that he as reiable evidence that they should come back with a guilty verdict.
E.G. Lorenzen, Causa and Consideration in the Law of Contracts (1919). Faculty Scholarship Series. Paper 4560.
They must also be under oath and subject to cross-examination instead of having someone to repeat what they said out of court. Therefore, they have to appear in front of the person being accused of committing the crime and make their statement in front of them as well as the judge and
This statement is required for police officers to search and seized a home, vehicle or a property. The officers, when writing an affidavit need to note facts while supporting their facts with probable cause. If the person writing the affidavit provided false information and continues with the affidavit process he or she can face harsh consequences. The information that the affidavit contains is based with facts and knowledge about what was discovered at Bobby’s home as well as what was heard, said, and or seen. The officers observation of criminal activity or any suspicious would be added. No opinions will be written down unless they are statements or comments made by the suspects. Relevant information will be provided as well as information that will persuade the judge to provide the officers with a search warrant. By the end of the affidavit a conclusion should be reach based on the facts provided from the home. For example, address, name of the suspects, case number, occupation, immigration status, the identification of the person writing the statement and all the facts found, seen or heard, like, drugs, weapons, and any statement made by the suspects. After that a signature will be included and notary would be
“Man is an animal that lives in language as a fish lives in water and so written communication is just one of the ways that man can survive through” (English scholar Annie Dillard). Writing is a skill to give information. Like all skills, it is not inborn and so it needs to be learnt. To give information you need good communication skills including the ability to write simply, clearly and concisely (Harris & Cunningham, 1996).
Martine, Elizabeth A., Jonathon, Law. (2006) Oxford Dictionary of Law, 6th Ed, Oxford University Press.