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Sushil Kumar Bhatia (Advocate)     09 December 2008

How to define "The Court apply its mind "

How to define on what stage" The court apply its mind "whether at the time of proceed with case before filingWS or at the time of framing issues or settlement of issue or at the time of an argument  please refer any citation of Supreme court ,if any ,in this regard.


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 2 Replies

K.C.Suresh (Advocate)     10 December 2008

Applying mind is taking cognizance. Two views are posiible. 1. before framing charge. 2. before sending summons to accused. Courts are taking the latter view.

Ajay kumar singh (Advocate)     11 December 2008

Dear Bhatia, your query appears to be related with civil suit. In civil suits the court has to apply its mind at the time of admitting the plaint.This is the stage when the court can reject the plaint.Please refer to Order vii Rule11 C.P.C.


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