step-by-step guide you can use to procure and effect service of summons on a defendant in a civil suit in India. I’ve included the typical legal steps, what to prepare, what to do if personal service fails, timelines, and two short templates (a summons wording and an affidavit of service) you can copy and adapt.

Step-by-step procedure to proceed summons for defendant (civil suit)

Before court issues summons

1. Prepare and file the plaint along with required documents, vakalatnama and court fees.
2. When the plaint is admitted, the court will order issuance of summons to the defendant(s) (this is governed by the Code of Civil Procedure — Order V deals with service of summons).
3. Obtain the sealed/court-signed summon(s) from the court registry (the court may frame the exact wording and attach date of appearance).

Step A — Choose mode of service & prepare process papers

• Decide method(s) of service (see options below). Attach necessary items to be served:
  • A copy of plaint (and documents relied on).
  • The summon with date, court and cause title.
  • Notice of next date / direction to appear.

Common methods of service

• Personal service (process server/peon) — hand the summons to defendant in person. (Preferred / primary.)
• Service by registered post / courier with acknowledgement (A/D) — send to last known/residential address.
• Service on agent or authorized representative — if defendant has agent or power-of-attorney at place.
• Substituted service / service by publication — where defendant absconds or evades (court permission required).
• Service through local court / process through diplomatic channels — if defendant is outside India (special procedure).

Step B — Effect service

• Execute personal service: process-server attempts to hand the summons personally at the address. Note date/time, place and the person who received it. Ask for signature on acknowledgment if possible.
• If defendant refuses to accept, leave the copy at the house and record details — then file affidavit proof.
• If using registered post / courier, keep the postal receipt and returned acknowledgment (if any). These go on record as proof.
• If defendant is not found or intentionally avoiding, attempt service at workplace / alternate addresses, then file an application for substituted service before the court (showing due diligence efforts).

Step C — File proof (return) of service with court

• Prepare and file an Affidavit of Service / Process Server’s Report (signed by the process-server and verified). Attach:
  • The summon copy (if signed back by defendant),
  • Postal receipts / A/D cards / courier tracking details,
  • Witness statements or photographs if taken (where allowed),
  • Any admission by the defendant (if made).
• The court will record the return and proceed. If service is proved, the case proceeds to first hearing.

If service cannot be effected

1. Apply for substituted service / alternative modes: set out the attempts made and ask court for permission to serve by—for example—registered post, by affixing at the defendant’s last known place, publication in newspaper or via email (court will decide). Attach an affidavit of due diligence.
2. If the court permits substituted service, follow the exact method the court orders (e.g., notice in two newspapers + registered post + email).

After defendant is served

1. Appearance: On the day specified in the summons the defendant must appear before the court.
2. Written statement: Defendant normally files a written statement (defence) — usually within 30 days from service (subject to the court’s directions/extension). The court may extend time for sufficient cause.
3. Consequences of non-appearance:
4. If defendant is served and does not appear, the court may proceed ex-parte (i.e., pass ex-parte orders / decree).
5. Defendant may later apply to set aside ex-parte decree on acceptable grounds (sufficient cause for non-appearance, bona fide defence, etc.).

Special situations & practical tips

• If defendant intentionally evades — maintain detailed diary of attempts (dates, times, persons met) — this strengthens the substituted service application.
• Corporate/firm defendants — serve at registered office or to an authorized director/agent; also consider service under company law rules.
• If defendant is abroad — court may direct service under relevant provisions or through diplomatic channels; start early.
• Electronic service (email / WhatsApp) — increasingly used only if court permits or if parties have agreed; do not rely on it without court order.
• Preserve originals of postal receipts, courier receipts, A/D cards and witness statements — courts treat these as primary proof.

Checklist you should file with the court when proving service

• Sealed summons (court’s copy).
• Affidavit of Service / Process Server’s Report (with signatures).
• Postal receipts, A/D cards, courier waybill printouts.
• Statements of persons who received the summons (if any).
• Photographs / spot inspection report (if allowed).
• Application for substituted service (if needed) + affidavit of due diligence.

Short sample: SUMMONS (simple wording)

IN THE COURT OF [Judge’s designation] AT [Place]
Suit No. ____ of 20__
Plaintiff: [Name] Vs Defendant: [Name]
SUMMONS TO DEFENDANT
You are hereby summoned to appear in person or by pleader before this Court on [date] at [time] to answer the plaint filed by the plaintiff. A copy of the plaint is enclosed.
If you fail to appear, the Court may proceed to hear and decide the suit in your absence.
Dated: [ ]
By order of the Court — Signed/Seal

(Court registry will prepare official seal/format.)

Short sample: AFFIDAVIT OF SERVICE (process server)

I, [Name], son/daughter of ______, aged __, residing at _______, do hereby solemnly affirm and state on oath as follows:

1. That I was authorized by [Plaintiff/Plaintiff’s counsel] to serve the Summons dated [date] issued by this Hon’ble Court in Suit No. /20 on [Defendant name] at [address].
2. That on [date] at [time] I personally served the said summons on [defendant / name of person who received it] at [place] and obtained his/her signature as shown in the annexed acknowledgement.
3. That true copies of the postal receipt / A/D / courier slip are annexed as Annexure A.
4. That the facts deposed above are true to my knowledge and belief.

Date: ______
Place: ______
(Signature of process server)
(Verification and notary / oath as per court rules)

Practical timeline recap

• File plaint → court admits plaint → court issues summons → effect service (as soon as practicable) → file affidavit/return of service → defendant appears/file written statement (generally within 30 days) → if no appearance and service proved → court may proceed ex-parte.

step-by-step and cover the types of divorce, their procedures, relevant sections, and landmark (supra) judgments under Hindu, Muslim, Christian, and Special Marriage laws in India.

⚖️ I. DIVORCE UNDER HINDU LAW

(Hindu Marriage Act, 1955 – Sections 13 to 13-B)

🔹 Types of Divorce:

1. Contested Divorce (Section 13)
   • One spouse files against the other on specific grounds.
2. Mutual Consent Divorce (Section 13-B)
   • Both husband and wife mutually agree to dissolve the marriage.

🔹 Grounds for Divorce under Section 13:

• Adultery
• Cruelty
• Desertion (for at least 2 years)
• Conversion to another religion
• Unsoundness of mind
• Leprosy
• Venereal disease
• Renunciation of the world
• Presumed death (not heard of for 7 years)

🔹 Procedure:

1. File Petition in Family Court under Section 13 or 13-B.
2. Serve notice to the opposite party.
3. Evidence and hearing by both sides.
4. Court satisfaction that grounds exist.
5. Decree of Divorce is passed.

🔹 Mutual Consent Divorce Procedure (S.13-B):

1. Joint petition filed → both consent.
2. Six months’ cooling-off period (can be waived — Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746).
3. Second motion → final hearing → decree granted.

🔹 Landmark Judgments:

• Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 – Irretrievable breakdown of marriage recognized.
• Amardeep Singh v. Harveen Kaur (2017) – Cooling-off period can be waived.
• K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226 – Mental cruelty as ground for divorce.

🕌 II. DIVORCE UNDER MUSLIM LAW

(Governed by Quranic principles, Dissolution of Muslim Marriages Act, 1939 & Muslim Personal Law)

🔹 Types of Divorce:

1. By Husband – Talaq
   • Talaq-ul-Sunnat (Ahsan & Hasan) – Legal and valid forms.
   • Talaq-e-Biddat (Triple Talaq) – Now invalid after Shayara Bano v. Union of India (2017).
2. By Wife – Khula
   • Wife seeks divorce by returning Mehr or property.
3. By Mutual Consent – Mubarat
   • Both agree to dissolve marriage mutually.
4. By Court – Dissolution of Muslim Marriages Act, 1939 (Section 2)
   Grounds include:
   • Husband’s disappearance for 4 years.
   • Failure to provide maintenance for 2 years.
   • Cruelty.
   • Impotency.
   • Husband’s imprisonment for 7 years, etc.

🔹 Procedure:

• Talaq: Husband pronounces in clear terms, follows iddat period.
• Khula/Mubarat: Mutual agreement with consideration (often return of Mehr).
• Court Divorce: Petition under Section 2 of the 1939 Act.

🔹 Landmark Judgments:

• Shayara Bano v. Union of India (2017) 9 SCC 1 – Triple Talaq unconstitutional.
• Danial Latifi v. Union of India (2001) 7 SCC 740 – Wife entitled to fair maintenance even after iddat.
• Zohara Khatoon v. Mohd. Ibrahim (1981) 2 SCC 509 – Khula valid with mutual consent.

✝️ III. DIVORCE UNDER CHRISTIAN LAW

(Indian Divorce Act, 1869)

🔹 Sections: 10, 17, 22, 24, 32, 39 etc.

🔹 Types:

1. Contested Divorce (Section 10) – Grounds:
   • Adultery, cruelty, desertion for 2+ years, conversion, unsound mind, etc.
2. Mutual Consent Divorce (Section 10-A) – Both agree to dissolve marriage.

🔹 Procedure:

1. Petition to District Court under S.10 or 10-A.
2. Notice to opposite party.
3. Cooling period of 1 year under S.10-A.
4. Decree after proof of irretrievable breakdown or mutual consent.

🔹 Landmark Judgments:

• Ammini E.J. v. Union of India (1995) 1 KLT 664 – Upheld constitutionality of mutual consent divorce for Christians.
• Molly Joseph v. George Sebastian (1996) 6 SCC 337 – Both spouses must be Christians for this Act to apply.

💍 IV. DIVORCE UNDER SPECIAL MARRIAGE ACT, 1954

(For inter-religious and civil marriages)

🔹 Relevant Sections:

• Section 27 – Divorce on grounds (adultery, desertion, cruelty, etc.)
• Section 28 – Mutual consent divorce
• Section 29 – Restriction on petition within 1 year of marriage.

🔹 Procedure:

1. Petition in District Court where parties last resided.
2. Notice served → Reply → Evidence.
3. Decree after satisfaction of grounds.

🔹 Landmark Judgments:

• Sureshta Devi v. Om Prakash (1991) 2 SCC 25 – Consent must exist till decree; unilateral withdrawal valid.
• Amardeep Singh v. Harveen Kaur (2017) – Waiver of 6-month period also applies here.

🧾 COMPARATIVE TABLE

Bail in Indian Criminal Law

Bail is the conditional release of an accused person pending investigation or trial. It stems from Article 21’s guarantee of “life and personal liberty,” which courts have held includes a right to reasonable bail relief when a person is detained. The Code of Criminal Procedure, 1973 (CrPC) regulates bail in Chapter XXXIII (Sections 436–450). Broadly, bail falls into the following categories:

• Regular bail (post-arrest bail): Release after arrest in a bailable or non-bailable case (Magistrate’s bail or Sessions/HC bail under Sections 437, 439).
• Anticipatory bail (pre-arrest bail): Direction under Section 438 for bail in anticipation of arrest for a non-bailable offence.
• Interim bail: Temporary bail for a limited period pending final disposal of a bail application (including interim anticipatory bail under Section 438(1)).
• Default/statutory bail: Bail as a matter of right under Section 167(2) when investigation is not completed within the prescribed time (60/90 days).

Each type has its own procedure, applicable court, required documents, and conditions. We discuss each in turn.

1. Regular Bail

• When to apply: After arrest on a criminal charge. If the offence is bailable, the accused has a legal right to be released on bail on request (CrPC §436). If the offence is non-bailable, bail is discretionary and can only be sought after arrest.
• Which court: Initially before the Magistrate who has jurisdiction. Under Section 437, a Magistrate (other than a Sessions Judge or High Court) may grant bail in non-bailable cases. If the Magistrate refuses bail, the accused can appeal to the Sessions Court or High Court (Section 439). Note: The High Court and Sessions have concurrent bail powers; they can set aside lower-court bail orders or grant bail directly if the accused is in custody.
• Procedure:
  1. Arrest/Detention: The accused is arrested or produced before the Magistrate. In a bailable case, the police must offer bail immediately (Sec 436). In a non-bailable case, the accused must apply to the Magistrate for bail under Sec 437(1).
  2. Bail Application: Prepare and file a formal bail application (petition) in court. The petition should state the facts (nature of offence, date of arrest, custody details) and grounds for bail (e.g. weak evidence, long custody, health, etc.). Attach copies of relevant papers (arrest memo, case diary summary, remand order, if any).
  3. Hearing: The court issues notice to the public prosecutor and hears both sides. The prosecution may argue that bail should be denied. The defense argues why bail should be granted.
  4. Decision: The court pronounces an order. If bail is granted, the accused signs a bail bond (with or without sureties) agreeing to appear as required. If denied, reasons are recorded and the accused remains in custody.
• Documents required: Bail petition/affidavit, arrest memo, custody remand papers, case documents (FIR, charge sheet excerpts if filed), identity/address proof of accused and proposed sureties, photographs, surety affidavits, undertaking to abide by court orders.
• Conditions imposed: Under Section 437(3), the Magistrate must impose reasonable conditions to ensure the accused’s attendance and prevent obstruction of justice. Typical conditions include:
  • Appear in court at all stages as required (bond condition)Not commit an offence similar to the one chargeNot tamper with evidence or intimidate witnesses.Surrender passport or not leave the jurisdiction without permission.Provide sureties and a bond to secure compliance.
  The court may also add any other condition deemed necessary (for example, house arrest, reporting to police station periodically, etc.). The reasoning for granting or refusing bail must be recorded.
• Example: Mr. A is arrested by police for theft (non-bailable). After 3 days in custody, his lawyer files a bail application before the Magistrate. The court hears the case and grants bail under Sec 437, directing A to furnish a personal bond and two sureties, with conditions not to tamper with witnesses and to appear on the next hearing date.
• Key CrPC sections: Section 436 (bailable offences), Section 437 (Magistrate’s bail in non-bailable cases), and Section 439 (Sessions/HC bail).
• Landmark cases: Hussainara Khatoon v. State of Bihar (1979) stressed that prolonged pre-trial detention violates Article 21, mandating release of undertrials detained beyond the legal limit. (While not a bail case per se, it underscores the fundamental right to liberty and prompt trial.) The Supreme Court has repeatedly held that bail decisions must be reasoned, not arbitrary.

2. Anticipatory Bail (Sec 438 CrPC)

• When to apply: If a person “has reason to believe” they may be arrested for a non-bailable offence, they can apply pre-arrest for bail. Common situations include fear of malicious prosecution or politically motivated charges. The application must be filed before arrest. Once arrested, the remedy is regular bail under Sec 437/439.
• Which court: Only the High Court or a Sessions Court can grant anticipatory bail. (Subordinate Magistrates have no jurisdiction for this; only appeal courts in criminal matters.)
• Procedure:
  1. Draft Application: The accused (through counsel) files an anticipatory bail petition under Sec 438, stating the facts of anticipated arrest and legal grounds (e.g. suspect targets, weak evidence).
  2. Interim Bail (optional): The applicant may request an interim bail order during pendency of the petition. If granted, this allows temporary release until the final hearing. The court will notify the Public Prosecutor of the interim order (minimum 7 days’ notice) as required by Sec 438(1-A).
  3. Notice and Hearing: If interim bail is granted, the court sets a date and gives notice to the Public Prosecutor/Superintendent of Police. At final hearing, both sides argue. The court may also hear police objections. The applicant’s presence at final hearing is usually required for justice.
  4. Decision: The court may either dismiss the petition or grant anticipatory bail. A grant will specify the conditions of bail and the duration (often until trial ends, per current law).
• Documents required: Petition/affidavit detailing circumstances, any supporting evidence (complaints received, police notices, etc.), surety proposals, identity/address proof.
• Conditions imposed: Under Sec 438(2), the court can impose any fair conditions, including (similar to Sec 437(3)):
  • Make oneself available for police interrogation as requiredNot intimidate witnesses or tamper with evidence.Not leave India without court permission.Provide a bond and sureties.Any other condition as appropriate (e.g. not contact co-accused).
  In Sushila Aggarwal v. Delhi (2020), the Supreme Court emphasized that anticipatory bail orders normally endure through trial and need not be time-limited unless special facts warrant it. Courts retain discretion to impose limited duration only if justified by the stage of investigation or other factors.
• Interim Bail: Often, courts issue an interim anticipatory bail upon the first hearing to release the applicant pending the final order. For example, the court may order bail for 10-15 days to bridge time for notice and final hearing. Once the final order is passed, the interim relief is subsumed.
• Example: Ms. X learns that a false FIR may be filed alleging a cognizable offence. She files an anticipatory bail petition in the High Court. The High Court grants interim bail for 10 days and serves notice. At the final hearing, it grants anticipatory bail under Sec 438, with X agreeing to cooperate in investigation and not leave the country without permission.
• Key CrPC sections: Section 438 (direction for anticipatory bail). (Note: Conditions for compliance are drawn from Sections 437(3) and 438(2).)
• Landmark cases: Gurbaksh Singh Sibbia v. State of Punjab (1980) is the foundational case on anticipatory bail, outlining that courts must balance personal liberty with investigation interests. Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) clarified anticipatory bail in the context of predicate offences and convictions. In Sushila Aggarwal v. NCTD (2020), the Supreme Court held that anticipatory bail is not inherently time-bound and that courts should not impose blanket duration limits.

3. Interim Bail

• Definition: A temporary bail granted for a limited time while a final bail application is pending. It prevents unnecessary detention between the time of arrest and the final disposal of the bail petition.
• When available:
  • As part of an anticipatory bail application (Sec 438(1) allows an interim order pending final hearing).
  • As part of a regular bail application: Courts often grant interim bail if the accused has urgent needs (medical treatment, family exigency, etc.) while awaiting a full bail hearing.
• Which court:
  • For anticipatory bail cases: Interim bail can only be ordered by the High Court or Sessions Court handling the anticipatory bail petition.
  • For regular bail cases: The Magistrate or higher court where the bail petition is pending may grant interim bail. High Courts can also grant interim bail under their inherent jurisdiction (Article 226) even if Section 437 petitions are pending.
• Procedure:
  1. Application: While seeking final bail, the accused requests interim bail in the same petition or as a separate interim application. Urgency grounds (health, family, etc.) should be explained.
  2. Order: The court may then release the accused on interim bail for a fixed short period (commonly 1–30 days) or until the final hearing date. The order will set an expiration date or condition for recall.
  3. Conditions: Interim bail orders usually impose strict conditions: bond and sureties, deposit of security, travel restrictions, daily reporting, etc., to guarantee appearance at the final hearing. The accused must comply or surrender at expiry to avoid cancellation.
• Conditions imposed: Similar to regular bail conditions (appearance, no tampering, etc.), plus any additional terms the court deems necessary for the interim period. Often courts require a higher bond or cash security for interim release.
• Example: Mr. Y is arrested and files a regular bail petition in Magistrate’s court. He has a major surgery scheduled in two weeks. The court grants interim bail for two weeks on heavy surety and a condition that Y must report daily to the police station. After two weeks, Y must return to court for the final bail hearing.
• Key case: In Sushila Aggarwal v. Delhi (2020), the Supreme Court highlighted that an interim anticipatory bail order must specify the period for which it is granted, and that the applicant must apply for regular bail once interim relief expires. The Court confirmed that interim bail is meant for short “stop-gap” relief and cannot be open-ended.

4. Default/Statutory Bail (Sec 167(2))

• When to apply: When an accused is in custody after arrest and the investigation is not completed within the statutory period. By law, investigation must ordinarily be completed within 60 days for serious offences (punishable by ≥10 years/imprisonment for life/death) or 90 days for all other offences. If the charge-sheet (report under Sec 173 CrPC) is not filed in this time, the accused is entitled to be released on bail as of right.
• Which court: The Magistrate to whom the accused is forwarded or who authorized the remand. (If the case has not yet been committed to Sessions or charge-sheet is pending, the Magistrate issues statutory bail.) Once the trial commences or charge-sheet is filed, bail falls back to Sections 437/439 or other provisions.
• Procedure:
  1. Check timeline: Calculate remand period (15-day periods); if exceeded 60/90 days without a charge-sheet, the accused qualifies for default bail.
  2. Application: The accused (or counsel) must file a bail application under Section 167(2) (often called a “default bail” application) immediately on or after the expiry of the remand period. The application should state the remand details and that no charge-sheet has been filed. (Courts have held that this is an indefeasible right, but it must be claimed by application.)
  3. Hearing: The Magistrate will examine the remand orders and the time elapsed. The prosecution rarely opposes, since failure to file a charge-sheet is not the accused’s fault. However, they may file the charge-sheet before or just as the hearing begins to defeat the application (in which case the right expire).
  4. Order: If the court is satisfied that the period has lapsed and no charge-sheet is on record, it must release the accused on bail with appropriate bond and sureties. The accused is then said to be on “statutory bail” (treated as bail under Chapter XXXIII).
• Documents required: Remand orders showing dates of custody, court stamp on remand orders, certificate from police that no charge-sheet was filed (sometimes an affidavit by police officer), bail application, and surety documents.
• Conditions: The statutory mandate is to release on bail (subject only to the accused furnishing bail). Usual bond conditions apply (appearance at trial, no reoffending). Since this bail arises by right, courts generally do not impose extra onerous conditions beyond what’s necessary.
• Key points: The right to statutory bail is time-sensitive. If the accused fails to apply for it before a charge-sheet is filed, he loses the right. For example, if 90 days expire and no charge-sheet is filed, but on the 91st day the police file the charge-sheet, the accused cannot claim default bail afterward. Courts have stressed the accused must promptly move the application on the day remand expires.
• Example: Mr. Z is remanded to judicial custody after arrest for a bailable offence punishable up to 7 years. His first remand (15 days) ends on June 1. On June 2, having received no charge-sheet, Z files an application under Sec 167(2). On June 3 (61 days from first remand), the court finds no charge-sheet filed and grants Z default bail (requiring a personal bond with sureties).
• Relevant case law: Hitendra Vishnu Thakur v. State of Maharashtra (1994) (under TADA) and Ram Govind Upadhyay v. State of M.P. (2003) established that statutory bail vests once the remand period expires without a charge-sheet. In Mohd. Asrafat Bhat v. State of J&K (2007) and others, the Supreme Court reiterated that the right is enforceable only before filing of charge-sheet, and if not claimed in time, it is lost.

5. Comparison of CrPC Bail Sections

• Section 436 (CrPC): Bail in bailable offences. Every person accused of a bailable offence shall be released on bail as a matter of right, on personal bond or sureties, upon arrest. Police or magistrate must grant it.
• Section 437 (CrPC): Bail in non-bailable offences (Magistrate’s power). An accused arrested for a non-bailable offence may be released on bail at the Magistrate’s discretion, unless there is “reason to believe” he committed an offence punishable with death or life imprisonment. Specific statutory restrictions apply (for example, no bail if prior convictions for certain offences, unless conditions of age/health). Bail may be granted with conditions (as above).
• Section 438 (CrPC): Anticipatory bail (High Court/Sessions only). Allows pre-arrest bail upon application by a person who apprehends arrest for a non-bailable offence. The court considers factors like the nature of accusation, antecedents, flight risk, etc., and may grant bail even before arrest. Interim orders are explicitly permitted.
• Section 439 (CrPC): Special powers of Sessions Court/High Court. Empowers these courts to grant or cancel bail in all cases (whether or not cognizable or bailable) to any accused “in custody”. It also allows them to set aside or modify any condition imposed by a lower court. Before granting bail in serious offences (triable exclusively by Sessions or punishable with life imprisonment), the court must give notice to the Public Prosecutor.
• Section 167(2) (CrPC): Statutory bail. Imposes time-limits on investigation (60/90 days). If those lapse without completion, the accused is entitled to be released on bail as a matter of right, provided he applies timely.

Each provision has been interpreted through case law to balance personal liberty and the interests of justice. For example, the Supreme Court has clarified that bail is not an ordinary matter of discretion in cases of lengthy pre-trial detention (Hussainara Khatoon) and that specialized bail (anticipatory/default) is extraordinary relief subject to strict conditions (Sibbia, Asrafat Bhat, etc.).

STEP-BY-STEP TO UNDERSTAND FRAMING OF ISSUES UNDER THE CODE OF CIVIL PROCEDURE, 1908 (CPC)

Meaning of Issues in CPC

“Issues” are the disputed questions of fact or law arising between the parties in a civil suit, which are necessary to decide for determining the rights of the parties.

They are framed by the Court under Order 14 of CPC after pleadings (plaint and written statement) are completed.

Relevant Provision: Order XIV CPC — Framing of Issues

Types of Issues

Procedure for Framing of Issues

Purpose of Framing Issues

• To identify the real matters in dispute.
• To narrow down the controversy between the parties.
• To guide the evidence to be produced at trial.
• To assist the Court in determining judgment and findings.

Landmark Judgments on Framing of Issues

Example

Plaint: Plaintiff claims ₹1,00,000 from Defendant for non-payment of loan.
Written Statement: Defendant denies taking any loan.

Framed Issues:

1. Whether the defendant borrowed ₹1,00,000 from the plaintiff? (Issue of Fact)
2. Whether the suit is barred by limitation? (Issue of Law)
3. Whether the plaintiff is entitled to the decree as prayed for? (Mixed Issue)

Key Takeaways

• Framing of issues = foundation of the trial.
• Court must frame issues based on material disputes only.
• Judgment must contain findings on each issue.
• If issues are not framed properly, it may cause miscarriage of justice or remand in appeal.

The term “amended title” generally refers to a change or correction made to the title of a legal document, case, or property record after its initial filing or issuance.)

Here’s a brief summary depending on the context:

1.   In Legal Proceedings (Civil/Criminal Cases):

An amended title means the heading or caption of a case has been modified to reflect changes such as:

• Addition or removal of parties (e.g., new defendants or plaintiffs),
  • Correction of names or spellings,
  • Change in case number or jurisdiction after transfer.

Example:

“Ram Singh vs. Shyam Lal” may be amended to “Ram Singh s Ors. vs. Shyam Lal s Co.” if new parties are added.

Purpose:

To ensure the title of the case accurately represents the parties involved and the current status of the matter.

2. Property or Land Records:

An amended title refers to an updated ownership document reflecting:

• Change in ownership (sale, inheritance, gift),
  • Correction of clerical errors,
  • Addition/removal of co-owners,
  • Subdivision or consolidation of property.

Purpose:

To legally record the correct and current ownership and avoid future disputes.

3. In Official Documents or Contracts:

An amended title can mean the updated heading or subject line of a document to clarify its scope or rectify earlier mistakes.

In short:

An “amended title” is a formally corrected or updated version of the original title of a case,document, or record — made to reflect the current and accurate information.

Brief and clear summary for both types of “Amended Title” — in court cases and property records:

1.   Amended Title in Court Cases

Meaning:

An amended title in a court case refers to the modification or correction of the case caption or heading filed before the court.

When it happens:

• When a party’s name is wrongly mentioned or misspelled.
  • When new parties (plaintiffs or defendants) are added or removed.
  • When the case is transferred to another court or merged with another matter.

Example:

Original: Ramesh Kumar vs. Suresh Singh

Amended : Ramesh Kumar & Anil Kumar vs. Suresh Singh & Co.

Purpose:

To ensure the title accurately represents all the parties involved and the current legal position of the case.

Legal Basis:

• Governed by procedural laws like Order 1 Rule 10 and Order 6 Rule 17 of the CPC (Code of Civil Procedure), which allow amendment of pleadings and party names.

• Amended Title in Property Records

Meaning:

An amended title in property refers to an official correction or update to the ownership document (title deed or record of rights).

When it happens:

• After sale, inheritance, or gift of property.
• To correct clerical or spelling mistakes in names, boundaries, or measurements.
• To include or remove joint owners.
• When property is subdivided or merged.

Example:

Original: Title in the name of Rajesh Sharma Amended: Title in the name of Rajesh Sharma & Priya Sharma (Co-owners)

Purpose:

To keep ownership records accurate and legally valid, avoiding disputes and confusion.

Authority:

Governed by **local land revenue laws

Difference Between “Ad Interim Order” and “Interim Order” under CPC

Relevant Provisions

• Order 39 Rules 1 & 2 CPC → Deals with temporary injunctions (includes ad-interim and interim).
• Order 39 Rule 3 CPC → Lays down conditions for granting ex parte ad-interim injunction (must record reasons and serve copies immediately).

Illustration

• Step 1: Plaintiff files for injunction → Court grants ad-interim injunction immediately (without hearing defendant).
• Step 2: Defendant appears → Court hears both sides → Court passes interim injunction order (confirming, modifying, or vacating the ad-interim order).

In Short

Ad-interim order = emergency, ex parte protection
Interim order = provisional order after hearing both sides, till final decision

Here’s a clear, structured, and detailed explanation of the power
and procedure of framing of charge under criminal law, including
relevant sections, stages, magistrate’s role, and key case laws
(supra judgments) — all in simple English as you asked.

1. What is “Framing of Charge”?
   Framing of charge is the stage in a criminal trial where the Magistrate
   or Sessions Court formally informs the accused of the specific
   offences they are being tried for.
   It is not a finding of guilt, but a prima facie satisfaction of the court
   that there is enough material to proceed with a trial.
2. Relevant Sections of Cr.P.C.
   The law relating to framing of charge is laid down under:
   Sections 239–240 Cr.P.C. (Magistrate Trial – Warrant Cases)
   Sec 239 – Discharge if the charge is groundless.
   Sec 240 – Framing of charge if there is sufficient ground to
   presume offence.
   Sections 245–246 Cr.P.C. (Complaint Cases)
   Sec 245 – Discharge
   Sec 246 – Charges framed after evidence
   Sections 227–228 Cr.P.C. (Sessions Cases)
   Sec 227 – Discharge
   Sec 228 – Charge framed if prima facie case exists
   Sections 211–214 Cr.P.C.

These sections talk about form and content of the charge — what
details must be mentioned (time, place, offence, particulars).

3. Stage of Framing Charges
   The charge is framed after:
   Taking cognizance (u/s 190 Cr.P.C.)
   Supplying documents to the accused (u/s 207 Cr.P.C.)
   Considering the police report (u/s 173 Cr.P.C.)
   Hearing both sides (accused + prosecution)
   No detailed evidence is required at this stage.
   The Court only sees:
   FIR
   Statements u/s 161
   Chargesheet
   Case diary
   Documents filed
4. Standard Applied by Court

At this stage, the court does not evaluate evidence minutely. It only
sees if there’s a prima facie case.
Court applies the ―strong suspicion test.‖
Not required: Proof beyond reasonable doubt
Only required: Whether there is material to proceed

5. Powers of Magistrate in Framing Charge
   The Magistrate can:

Frame Charge
If material shows that:
 Accused is probably involved
 Ingredients of offence exist
Discharge
If:
 The allegations are baseless
 No material points to guilt
Alter or Add Charges (Sec 216 Cr.P.C.)
The Court may change or add any charge at any time before
judgment.
Proceed on Lesser Offence (Sec 222 Cr.P.C.)

6. Rights of the Accused at This Stage
   Accused may:
    Seek discharge application u/s 239/227
    Argue no prima facie case exists
    Challenge the framing of charge through:
   Revision Petition u/s 397 CrPC
   Sec 482 CrPC (High Court – inherent powers)
    Claim no mens rea, civil nature of dispute, no role, delay, etc.
7. Important Supreme Court Judgments (Supra Judgments)
   Here are landmark rulings explaining magistrate’s powers at the
   charge framing stage:

1. Union of India v. Prafulla Kumar Samal (1979) 3 SCC 4
   �Court must apply judicious mind
   �Not a mechanical exercise
   �If grave suspicion arises → frame charge
2. State of Bihar v. Ramesh Singh (1977) 4 SCC 39
   At this stage, only prima facie view is required
   Detailed evaluation is not proper
3. Sajjan Kumar v. CBI (2010) 9 SCC 368
   If there is strong suspicion, charge must be framed
   Court cannot conduct a mini-trial
4. State of Tamil Nadu v. N. Suresh Rajan (2014) 11 SCC 709
   Probative value of evidence should not be examined here
   Only look for sufficient suspicion
5. Amit Kapoor v. Ramesh Chander (2012) 9 SCC 460
   Discharge only when accusations are absurd
   Even circumstantial material is sufficient for charge
6. Sheoraj Singh Ahlawat v. State of U.P. (2013) 11 SCC 476
   Defence documents cannot be looked at during this stage
7. Onkar Nath Mishra v. State (2008) 2 SCC 561
   Court cannot weigh probability of conviction now
8. Example to Understand
   Case Example:
   An FIR is filed under Sections 420, 406, 34 IPC for cheating and
   breach of trust. The chargesheet is filed, and documents are given to
   the accused.
   Accused argument: The matter is civil in nature; no dishonest
   intention at the beginning.

Court Reaction:
Court will see:
✔ FIR
✔ Statements
✔ Case diary
✔ Prima facie ingredients
If strong suspicion exists → charges will be framed
If no material → accused discharged

9. Revision or Challenge Against Wrongful Charges
   If the Magistrate wrongly frames the charge:
   The accused can file Revision u/s 397 Cr.P.C.
   Or file petition u/s 482 Cr.P.C. in High Court
   High Court may quash the charges if:
   Allegations are false

No material exists
It’s a civil dispute dressed as criminal case
Case Law:
Bhajan Lal Case (1992 Supp (1) SCC 335) – court can quash abuse of
process.

10. Difference Between Discharge and Framing Charge
    Point Discharge Framing of Charge
    Stage Before charge After prima facie case
    Criteria No sufficient ground Existence of strong suspicion
    Section 227 / 239 / 245 228 / 240 / 246
    Result Accused released Trial starts

11. Key Principles Summarized
    Court must apply judicial mind
    Only strong suspicion required
    No detailed scrutiny of evidence
    Defence evidence is not considered
    If no material → discharge
    If error → alter charge (Sec 216 CrPC)
    Revision/482 CrPC available

12. Conclusion
    The power of the Magistrate at the framing of charge stage is:
     Wide but controlled
     Based on prima facie view
     Not a trial or evaluation
    If material exists → charge is framed
    If no material → discharge is mandatory
    Accused has remedies like:
    Discharge application
    Revision
    Sec 482 CrPC

Supreme Court has consistently held that at this stage:
“Only suspicion, not proof, is needed”

 Meaning:

Cyber crime is any unlawful act involving computers, digital networks, or the internet.
It includes unauthorized access, data theft, financial fraud, defamation, and online harassment.

Types of Cyber Crimes

How to Protect / Rescue Yourself

1️. Technical Safety Measures

• Use strong passwords and two-factor authentication.
• Keep your software, apps, and antivirus updated.
• Avoid clicking on unknown links or attachments.
• Logout from accounts after use, especially on shared devices.
• Use secured Wi-Fi and avoid public networks for transactions.

2️. Social & Legal Protection

• Don’t share personal details or photos with strangers online.
• If you receive threats, blackmail, or scam messages, take screenshots and report.
• File a cyber complaint on
  🔗 https://cybercrime.gov.in (National Cyber Crime Reporting Portal).
• You can also report to nearest Cyber Police Station or dial 1930 (Cyber Helpline).
• For social media abuse, report directly to platforms like Facebook, Instagram, X (Twitter).

3️. Legal Remedies

• IT Act, 2000 governs cyber offences.
• CrPC provisions allow investigation and prosecution.
• Victims can seek compensation under Section 43A IT Act for data loss or privacy breach.

Key Cyber Crime Judgments (India)

If You’re a Victim

1. Stay calm — don’t delete evidence.
2. Collect proof — screenshots, emails, chat logs.
3. File a cyber complaint online or at cyber cell.
4. Inform your bank immediately (in financial frauds).
5. Change passwords and secure your accounts.

In Short

Cyber Crime is any offence using a computer or digital device.

Rescue yourself by maintaining digital hygiene, being alert, and using official cybercrime.gov.in or 1930 helpline for redressal.

Meaning:

An Arbitrator is a neutral person chosen by disputing parties to settle disputes outside the court, under the Arbitration and Conciliation Act, 1996.
He/she performs a judicial function in a private capacity, ensuring fair hearing, evidence evaluation, and passing of an Arbitral Award that is binding on both parties.

Governing Law:

The Arbitration and Conciliation Act, 1996 (based on UNCITRAL Model Law)

Important Sections:

Role and Duties of an Arbitrator:

1. Conduct proceedings impartially
2. Hear both parties and consider evidence
3. Ensure confidentiality of proceedings
4. Apply contractual and legal principles
5. Deliver a reasoned award within prescribed time
6. Uphold natural justice and fairness

Landmark Judgments on Arbitrator in India

1. ONGC Ltd. v. Saw Pipes Ltd. (2003) 5 SCC 705

• Facts: Arbitrator awarded damages to contractor (Saw Pipes) despite contract prohibiting such payment.
• Principle: An arbitral award can be set aside if it is patently illegal or contrary to the terms of the contract or public policy.
• Significance: Expanded court’s power under Section 34 to review arbitral awards.

2. Bharat Aluminium Co. (BALCO) v. Kaiser Aluminium Technical Services Inc. (2012) 9 SCC 552

• Facts: Issue of whether Part I of the Arbitration Act applies to foreign-seated arbitrations.
• Principle: Part I of the Act does not apply to foreign-seated arbitrations.
• Significance: Clarified jurisdiction of Indian courts in international arbitration.

3. Perkins Eastman Architects DPC v. HSCC (India) Ltd. (2019) 9 SCC 377

• Facts: One party had the right to appoint a sole arbitrator (its own officer).
• Principle: A party interested in the dispute cannot unilaterally appoint the sole arbitrator.
• Significance: Reinforced the impartiality and independence of arbitrators.

4. TRF Ltd. v. Energo Engineering Projects Ltd. (2017) 8 SCC 377

• Facts: Managing Director of a company was named as the sole arbitrator.
• Principle: A person who is ineligible to be an arbitrator cannot nominate another arbitrator.
• Significance: Strengthened fairness in arbitration appointments.

5. Associate Builders v. DDA (2015) 3 SCC 49

• Facts: Dispute over the scope of interference by courts under Section 34.
• Principle: Courts can set aside an award only if it violates public policy, natural justice, or fundamental legal principles.
• Significance: Narrowed judicial interference; promoted autonomy of arbitral process.

Conclusion:

An Arbitrator acts as a private judge ensuring speedy, fair, and cost-effective justice outside the traditional court.
Indian courts have consistently balanced party autonomy with judicial oversight to maintain fairness and credibility in arbitration.

In Short Table:

A Local Commissioner (LC) is an officer appointed by the court to assist it in gathering evidence or conducting certain fact-finding tasks outside the courtroom, such as inspecting a site, verifying records, or executing a commission.

The LC acts as an “extended arm of the court” — not as an advocate for either party, but as a neutral fact-finder.

Legal Basis

• Order XXVI, Code of Civil Procedure, 1908 (CPC) – governs Commissions.
• Sections 75–78 CPC provide the power to issue commissions.
• Order 26 Rules 9, 10, 10A, 11, 12, etc. explain the procedure and scope.

When & Why LC Is Appointed

The Court may appoint a Local Commissioner for several reasons, such as:

Who Appoints the LC

• The Court itself (Civil Judge, District Judge, or High Court) appoints the Local Commissioner.
• Appointment may be made:
  • Suo motu (by the court on its own), or
  • On application of either party (plaintiff or defendant).

Who Can Be Appointed as LC

Usually:

• An Advocate practicing in that jurisdiction (impartial and experienced), or
• A Government officer / technical expert, depending on the nature of inspection (e.g., engineer, surveyor, accountant).

The LC must be neutral and not connected with either party.

Procedure for Appointment

1. Application Filed:
   • A party (plaintiff or defendant) files an application under Order 26 CPC requesting appointment of LC.
   • The application must specify:
     • Purpose (inspection, evidence, accounts, etc.)
     • Reasons why LC is necessary
     • Proposed person’s name (optional)
2. Notice to Opposite Party:
   • The court usually issues notice to the other side before appointing LC (unless urgent).
3. Court’s Order:
   • The judge passes an order appointing LC with clear terms:
     • Scope of inquiry (what to inspect, record, measure)
     • Time period
     • LC’s fee (called commissioner’s fee)
     • Deadline for submitting report
4. LC’s Work:
   • LC visits site / conducts examination / records evidence.
   • Prepares a Local Commissioner’s Report (with photographs, maps, signatures, etc.).
   • Submits it to the court within the specified time.
5. Filing of Report:
   • The report is placed on record.
   • Both parties can file objections to it if they disagree.
6. Consideration by Court:
   • The court considers the LC report, objections (if any), and may:
     • Accept the report, or
     • Modify it, or
     • Direct a fresh commission.

Why LC Is Important

• Helps the court ascertain factual conditions on-site.
• Saves time and judicial effort.
• Prevents parties from tampering with evidence or misrepresenting facts.
• Ensures transparency — as LC works under court direction.

Key Case Laws

In Summary