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Showing contexts for: Prefatory in Surjit Kaur And Others vs Sukhwinder Singh And Others on 20 July, 2010Matching Fragments
To explain the pointed or the narrow range of the issue, and we go here in relation to the income, to have an issue which reads:
'What amount was the deceased earning? is no issue, as that gives a range from a beggar at the street corner on the one side to a big time stock operator on the other.
An issue like this should be preceded by a note based on the investigation and the documents and the positive defence where the prefatory note (or the post- script) could record the admitted facts as to the occupation and then record the range, as for examples Rs.5 lakhs per year as contended by the claimants or only Rs. 50,000 (or minimum wages) per year as contended by the insurance, or anywhere in between.
Similarly, if he left behind five relatives, who all was or was not a relative and if so, a dependent on the deceased ought to be a separate small or sub-issue with prefatory notes and post-scripts.
The material for these prefatory notes or post- scripts ought to be on the basis of information collected soon after the accident, and the positive defence of the insurance company. Many of the papers so collected can be taken as self-proving and the Claims Tribunal can come to a decision.' 12.39. In a typical civil trial of the 19th century, almost all onus was upon the plaintiff. Here, it is an inquiry, but even if it were a trial, the onus - by reason of:
13.12. If the case needs further inquiry, the Court may frame issues. Issues help as a signpost to how the matter has to be proceeded with. They are signposts of topics (facts). However, before the issues, if a prefatory note on the facts which are not in dispute or not sufficiently in dispute or facts that can be taken judicial notice of, is made, the controversy stands narrowed down, the issues are more accurately framed and serve a greater purpose.