Legal Procedures in a Court Case Quiz and Flashcards

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Questions and Answers

What is required to be supplied by the plaintiff within ten days of the order directing the issue of notice to the defendant?

Process fees, cost of advertisement, and copies of plaints (correct)

Service fees, summonses, and affidavits

Documents related to the defendant's appearance

Photocopies of all documents in the possession of the plaintiff

If the plaintiff fails to supply required documents within ten days, what action does the court take?

Immediately issue a judgment against the defendant

Reject the plaint unless further time is allowed for compliance (correct)

Continue with the case regardless

Refer the case to a higher court

Who is authorized to record admissions or denials on the documents produced by the parties or their Advocates?

The Bench Reader

The Court Clerk

The plaintiff

The Registrar General (correct)

What should accompany all documents filed in the case according to the regulations?

A list signed by the party filing them or their Advocate Signup and view all the answers

What happens if a party fails to produce documents on the date fixed for the defendant's appearance?

The court may pass orders allowing further time for production of documents Signup and view all the answers

What is recorded on every document filed in the case by the Registrar General or Bench Reader?

The date of presentation under their initials Signup and view all the answers

What does the Court have the power to do if the parties fail to appear on a day scheduled for the hearing of a suit?

Proceed to dispose of the suit in a just manner Signup and view all the answers

When can a case be adjourned for not more than three days?

When sufficient cause is shown Signup and view all the answers

If a witness's evidence is not completed on the first day they attend court, what is the responsibility of the party that summoned the witness?

Deposit an amount with the Cashier for the witness to attend on a subsequent day Signup and view all the answers

Under what circumstances can a party have a case put out of its place in the Cause List?

If the Advocate is alone in the case and engaged elsewhere Signup and view all the answers

What happens if a party fails to pay a witness's expenses for attendance?

The witness is not required to remain in attendance on any subsequent day Signup and view all the answers

When can an application for adjournment be made orally?

When the adjournment is sought for more than three days Signup and view all the answers

In a First Appeal where an application for summary determination is made and the summary determination leads to dismissal of the appeal, what happens to the advocate's fee?

It follows Rule 2, sub-rule (1) in terms of fee allowance Signup and view all the answers

What happens to an adjournment application made outside the working hours of the Bench?

It will not be entertained Signup and view all the answers

What should be taken into account when considering whether there is sufficient cause for an adjournment?

Any objection raised by the other party Signup and view all the answers

What provision allows for summary determination of an appeal in terms of advocates' fees?

Rule 24 of Chapter VIII Signup and view all the answers

Under what condition can a case be ordered to stand out of its place in the Cause List?

If the Advocate is alone in the case and actually arguing before another Bench Signup and view all the answers

What can a party do if they desire to make payment directly to a witness for their attendance?

Make payment in the presence of the Court or Deputy Registrar and file the receipt Signup and view all the answers

Study Notes

Case Proceedings

As soon as the Bench is constituted, the case is put up before it, and it may direct the issuance of a notice to the defendant to appear and answer the claim.
The plaintiff is responsible for supplying process fees, costs of advertisement, and copies of plaints, petitions, affidavits, etc. for service on the defendant within 10 days of the order directing the issue of notice.
Failure to supply these documents may result in the plaint being listed before the Court for rejection.

Production of Documents

Parties or their Advocates must produce all documents in their possession on which they intend to rely on the date fixed for the defendant's appearance.
The Registrar General or authorized officer may record admissions or denials on such documents.

Filing of Documents

All documents filed in the case must be accompanied by a list signed by the party filing them or their Advocate.
The Registrar General or Bench Reader notes the date of presentation under their initials on every document.

Absence of Parties

If parties or any of them fail to appear on the scheduled hearing date, the Court may proceed to dispose of the suit in a manner it thinks just.

Witness Attendance

If a witness's evidence is not taken or completed on the first day, the party summoning them must deposit sufficient amount with the Cashier to enable the witness to attend on the subsequent day.
If the witness's expenses are not paid, they are not bound to remain in attendance on subsequent days.

Taxation of Advocates' Fees

The fee allowed on taxation in a First Appeal on the disposal of an application for summary determination is based on the disposal of the application.

Case Adjournment

The Bench may order a case to stand out of its place or be adjourned for a just period on application, considering sufficient cause and objections from the other party.
An adjournment for not more than three days may be sought orally, and a motion under this Rule may be made as soon as the Bench begins its work for the day.
No adjournment shall be granted unless there is sufficient work for the day.

Advocate's Engagement

No party has the right to have a case put out of its place in the Cause List due to their Advocate's engagement elsewhere.
However, the Bench may order a case to stand out of its place if the Advocate is alone in the case and is actually arguing or being heard by another Bench, and has given written information to the Bench Reader.

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Description

This quiz covers the process of constituting a bench, directing notices to defendants, issuing summonses, and supplying necessary documents in a court case. Test your knowledge on legal procedures!

Legal Procedures in a Court Case

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