APPEALS FROM ORDERS

ORDER XLIII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORDERS 1. Appeal from orders. An appeal shall lie from the following orders under the provisions of section 104, namely- (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court [exceptKeep Reading

APPEALS TO THE SUPREME COURT

ORDER XLV of CIVIL PROCEDURE CODE (CPC) – APPEALS TO THE SUPREME COURT 1. “Decree” defined. In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order. 2. Application to Court whose complained of. (1) Whoever desires to appeal theKeep Reading

REFERENCE

ORDER XLVI of CIVIL PROCEDURE CODE (CPC) – REFERENCE. 1. Reference of question to High Court. Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of lawKeep Reading

REVIEW

ORDER XLVII of CIVIL PROCEDURE CODE (CPC) – REVIEW. 1. Application for review of judgment. (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which noKeep Reading

MISCELLANEOUS

ORDER XLVIII of CIVIL PROCEDURE CODE (CPC) – MISCELLANEOUS. 1. Process to be served at expense of party issuing. (1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs. (2) Costs of service-Keep Reading

CHARTERED HIGH COURTS

ORDER XLIX of CIVIL PROCEDURE CODE (CPC) – CHARTERED HIGH COURTS. 1. Who may serve processes of High Court. Notice to produce documents, summonses to witnesses, and every other judicial process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary andKeep Reading

PROVINCIAL SMALL CAUSE COURTS

ORDER L of CIVIL PROCEDURE CODE (CPC) – PROVINCIAL SMALL CAUSE COURTS. 1. Provincial Small Cause Courts. The provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Law, 1905 or to CourtsKeep Reading

Indian Evidence Act Summary

Year the Indian Evidence Act Act was passed- 1872
Date the Indian Evidence Act was enacted(meaning passed)- 15 March 1872
Date the Indian Evidence Act was commenced(meaning begin; come into action)- 1 September 1872Keep Reading

Motto of Indian Evidence Act

The passing of The Indian Evidence Act in 1872 was a ground breaking step. It was to change the entire working of courts as far as admissibility of evidence was concerned in our Indian courts.
Prior to the introduction of this act,
the rules of admissibility of evidence in our Indian courts were based on traditional systems. Different caste, community, social group had their own way of providing/submitting evidence in the court. The submission of evidence was hugely based on faith of a person, his social position and status in society, his community etc.
In short there was no uniform method.Keep Reading

Parts of Indian Evidence Act

PART 1

The first part of Indian Evidence Act deals with RELEVANCY OF FACTS.
Relevancy means “the quality or state of being closely connected or appropriate” ; “appropriate to the current time, period, or circumstances”
Chapter I and Chapter II fall under Part 1.
Section 1 to Section 55 fall under Part 1.

Chapter I (1-4) is the preliminary chapter which has basic definitions and is the  introduction part of this act.Keep Reading

Indian Evidence Act’s four most important questions

The whole base of Indian Evidence Act is pillared on four questions-
1. WHAT IS EVIDENCE GIVEN FOR?
Answer is- Evidence is given for Facts (Facts in Issue and Relevant Facts)
(Note that evidence is not given for Law.)

2. HOW ARE THE EVIDENCE FOR FACTS GIVEN?
Answer is- Evidence for facts are given orally called Oral Evidence or by proper documents called Documentary Evidence.Keep Reading

Section 1-4 of Indian Evidence Act

1. Short title, extent and commencement.
This Act may be called the Indian Evidence Act, 1872.
It extends to the whole of India except the State of Jammu & Kashmir.
It applies to all judicial proceedings in or before any court. It also applies to courts martial (other than Courts-martial convened under The Army Act, The Naval Discipline Act, The Indian Navy (Discipline) Act,1934 and The Air Force Act.)

This act DOES NOT apply to affidavits presented to any Court or Officer, nor to proceedings before an arbitrator.Keep Reading