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.
Various steps exist at the state level when filing suit against an organization. First Shirley Kovalchick filed a complaint for workers compensation benefits against South Baldwin Hospital after suffering a heart attack. The hospital must file an answer in response to the complaint. In the answer filed by the hospital, they categorically denied the claims posed by Shirley Kovalchick and asked the judge for a summary judgment, which ended the legal action without a trial. A summary judgment can be granted when the court determines that no dispute of issue or material fact exists (Cheeseman, 2013, p. 47). The next step in this case is to file an appeal where the higher courts determined that the lower courts should have reviewed the evidence prior to granting the summary judgment. The higher courts referred the case back to the lower courts for trail. The next step in the state court system is the discovery process. During this process both Kovalchick and South Baldwin Hospital will participate in the process to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many tools ...
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.
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
Deposition- A statement that someone has promised to tell the truth so their statement can be used in court. A testimony, especially in court or the re-movement of someone from to position of authority. When Alexander the second became Tsar be removed, only two men from his father’s original
...r case. You should include a table of contents, a table of authorities, a jurisdiction statement, questions or issues, a statement of the case, a summary of the argument, the argument, and a conclusion.
Lastly, the defendant should be confronted with witness. There should be witnesses called by the prosecution to testify against the defendant. The limitation here is that this right is only applicable to criminal proceedings.
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
Twomey, D. P., Jennings, M., & Anderson, R. A. (2011) Anderson’s business law and the legal
In the opening statements both side of the case make opening statements to lay the foundation of their cases. Opening statements are not allowed to be argumentative and cannot be considered evidence by the jury; they are the road maps laying out where each side intends to take its case. First the prosecution presented its case. They alleged Peterson killed his wife in their Modesto home because he was having an affair, then drove her body nearly 100 miles to San Francisco Bay and heaved it overboard from his small boat. Prosecution offered a steady drum beat of small bits of circumstantial evidence. From the Russian poetry Peterson read his mistress to the fishing gear in his alibi to the dessert featured on a particular episode of Martha Stewart Living, it added up to Peterson's guilt, they suggested. The defense countered that Modesto authorities unfairly targeted Peterson, ignoring important leads that didn't fit their theory. Defense said that, while prosecutors had only assembled a circumstantial case, they had five witnesses that were direct evidence of Peterson's innocence.
Bell, J. (2003). Legal Education. In P. Cane & M. Tushnet (Eds.), International Encyclopedia of
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
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
Researching and Making the Court Papers: The Lawyers have to brief the court about the case well in advance about the issues to be discussed.
Victorian Stevedoring & General. Contracting Co Pty Ltd & Meakes v Dignan (1931) 46 CLR 73