Skip to main content

A fresh look into "Cause of action"

The expression “Cause of action” perhaps is the most dynamic legal expression, embracing diverse aspects. Remarkably, given the judicial meaning assigned to the expression “Cause of action”, one may notice that the Cause of action is “complete” at the “accrual” of Cause of action.

Therefore, the “fact” (overt act of commission or omission) that triggered the Cause of action, actually completes the “chain of events”; and proving of this solitary “important fact” may entitle Plaintiff / Petitioners the Judgment.

Technically speaking, if this fact is proved, all other facts in the chain of events are deemed to have been proved. It may be appreciated that Cause of action is a bundle of facts; and these bundle of facts are not isolated or independent facts, but are a chain of events. The principle ingrained in section 114 of the Evidence Act, 1872, may be of greatest assistance at every stage in the dispensation of justice.

I am convinced that while arguing any case before Court, the Counsels should have a one page (strictly one page) summary of the matter (and may be handed over to the Court), that will tell the Court, as why the Reliefs should be granted or be refused. That page may set out, (a) Reliefs prayed for; and (b) the bullet points of grounds on which the Reliefs should be granted or be refused; with an express request to the Court, to consider those grounds whilst recording findings and passing Order. The failure of the Court in considering any of those grounds may be regarded as failure in exercise of Jurisdiction, a specie of Jurisdictional error.

 

Sandeep Jalan

Advocate

https://www.litigationplatform.com/


Labels:

Comments

Anamari said…
wow such an interesting article. thank you so much for this informative information.
February 3, 2023 at 7:03 AM
Post a Comment

Popular posts from this blog

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)     To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)            SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is b...
Post a Comment
Read more

Leading Evidence during trial

1.       In case where the accused refused to plead guilty of the offence to which he is charged with, and claims to be tried, the Court calls upon the Prosecution / Complainant to lead all the evidences he has in support of his case. 2.       In criminal trial, the evidence are required to be led by the complainant and / or their witnesses by stepping into the witness box and illustrating / demonstrating to what they have witnessed. The Complainant is to examine before the Court, himself, and all other witnesses, who are “witness” to the crime, which is alleged to have been committed by the accused named in the complaint. This examination of himself and other prosecution witnesses is called “Examination – in – Chief. 3.       Giving evidence of facts is critical to any trial, be it civil trial or criminal trial. And therefore, it becomes imperative to understand the dynamics of evidence in legal sens...
1 comment
Read more

FORM I [See Rules 5(1) and (2) and 17(3)]

Impugned Provision / other anomaly Breach of Section / Article FORM I Under Rules 5(1) and (2) and 17(3) Encroach upon the Legislative Policy of the Parliament. FORM I [See Rules 5(1) and (2) and 17(3)] Domestic Incident Report under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) 1. Details of the complainant/aggrieved person     (1) Name of the complainant/aggrieved person:     (2) Age:     (3) Address of the shared household:     (4) Present Address:     (5) Phone Number, if any: 2. Details of Respondents: Sl. No. Name Relationship with the aggrieved person Address Telephone No., if any 3. Details of children, if any, of the aggrieved person:         (a) Number of Children:    ...
Post a Comment
Read more