Order

raju (Querist) 18 March 2021 This query is : Resolved
Case was heard and next date for orders. My query is that if some points leftover during arguments although mentioned in petition will same be considered by court in order.

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Quick Summary

When a court is set to pass an order, it will generally consider all pleadings, evidence, and arguments presented. While the court has the power to seek clarification if needed, it typically concludes its examination after arguments have finished. For criminal cases, the accused usually needs to be present on the order date, unless specifically exempted or if the outcome is a fine or acquittal.

Advocate Bhartesh goyal (Expert) 18 March 2021

Yes, Court at the time of
passing an order consider pleadings ,evidence and arguments of the parties.

Dr J C Vashista (Expert) 19 March 2021
The court may seek clarification from the litigant(s) before passing final order/ judgment.

K Rajasekharan (Expert) 19 March 2021
In a case posted for order the judge will consider the application/suit, the written statement and the points in the arguments while drafting the orders, as already stated in an earlier reply.

Even though the court has enough powers to examine anything before it issues its judgement when the court has lack of clarity as to the facts or law governing the case, it should not normally seek anything in addition after the arguments in the court is concluded. Using such a power always is an unhealthy practice for a court.

raju (Querist) 20 March 2021
Is it necessary to appear on the date of order.

K Rajasekharan (Expert) 21 March 2021
In civil and similar cases, it is a quick, routine process.

No one cares whether the party is present or not.

raju (Querist) 21 March 2021
It is criminal case.

K Rajasekharan (Expert) 21 March 2021
In a criminal case, the accused should normally be present as per law, except when he has been specifically permitted to be absent during the trial.

If the proposed judgement is of fine or acquittal it is not necessary for the court to ensure attendance of the accused.

ashok kumar singh (Expert) 29 March 2021
agree with earlier vies of experts here. however in my views, the Learned Court will consider every aspects including the contents of pleading, materials in evidences during trial, and submissions made by the Learned Advocate, at the time of argument, in such proceeding, as enrich a lawful conclusions, so far.
thanks
ashok kumar singh, advocate
email : aksinghadvocate@rediffmail.com

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