What Is Representative Suit as Per Civil Procedure Code
2022-02-28
Order 1 Rule 8 of the Civil Procedure Code deals with representative suits. This law note tells you more about it and its essentials.Read…
What Is Interpleader Suit, Its Conditions and Procedure
2022-02-23
In interpleader suit, the actual dispute isn’t between the plaintiff and the defendant but between the defendant who interpleads against each other.Read…
What Is the Doctrine of Restitution in Civil Procedure Code
2022-02-15
Doctrine of restitution means restoring to one party the benefit that the other party received under a decree that was later found to be incorrect.Read…
Meaning of Caveat in CPC and Who May Lodge It
2021-11-16
Caveat is a request made to the court that no order in a proceeding may be passed without hearing the person filing the caveat.Read…
Rights and Safeguards of Arrested/Accused Person Under Indian Laws
2021-09-03
This law note tells you the rights and safeguards of an arrested person under the Indian Constitution and CrPC. Plus, the Supreme Court Guidelines.Read…
13 Types of Court Orders Under CPC
2021-08-09
So let us get right in and learn about the various types of court orders under the Civil Procedure Code in India.
1. Interlocutory Orders.
2. Permanent Orders.
3. Mandatory Orders.
4. Final Order.
5. Speaking Order.
6. Non-Speaking Order.
7. Anton Pillar Orders.
8. Remand Order.Read…
Who Is the Real Owner – Nominee or Legal Heir
2021-07-15
Many people during their investments in their lifetime get misled that nominees are real owners, and it often creates confusion due to the regular usage of the word.
The dictionary meaning of the word represents a person who has been officially suggested for a position.
Strictly speaking, a nominee is an act of officially suggesting a person to take care of the properties after death and later pass it on to the legal heirs.Read…
What Is Suit of Civil Nature in Civil Procedure Code, 1908
2021-07-10
In the suit, if the principal question relates to the determination of a civil right, then the suit is of a civil nature.Read…
What Is Indigent Person and Suits By Indigent Person
2021-05-31
WHO IS AN INDIGENT PERSON?
Poor, Penniless, Pauper.
Order XXXIII of Civil Procedure Code provides remedy to those who need to institute a suit for enforcement of their rights but are so poor that they cannot afford expenses on court fee etc.
The object behind this order is that poverty should not come in way of getting justice.Read…
Difference and Similarity Between Res Sub Judice and Res Judicata in CPC
2021-05-04
(1) In the case of Res Sub Judice, there must be two suits, one of which should be previously instituted.
In Res Judicata the motive is that ‘there must be an end to litigation.ʼ Thus, there is a bar on trial that has already been adjudicated. In simpler terms, a matter that has previously been decided is not put to trial again. This saves the precious time of our already overburdened and resource-less courts.Read…
Pleading under CPC: Easy Definition, Object, Importance, and Basic Rules
2021-04-06
Pleading is the foundation of litigation. Pleading has been dealt with in Order 6 of the Civil Procedure Code. Order 6 Rule 1 of CPC defines pleadings as plaint or written statement.
The word ‘plaint’ is undefined in the code. However, it can be said to be the statement of claim – a document that contains the material fact by the presentation of which a suit is instituted in the court of law.Read…
Scope, Validity, and How Foreign Judgement Is Enforced in India
2021-03-11
A foreign judgement is a judgement that is adjudicated by a court not situated in the territory of India. This law note tells you all about it.Read…
Judgement and Decree in Civil Procedure Code
2021-02-22
Section 2(9) of the Civil Procedure Code, 1908, defines judgement as a ground for determination.
A decree is the formal expression of an adjudication. It is a formal expression of judgement in a suit. A decree implies that a suit has been completely disposed of.Read…
Glossary Of the Civil Procedure Code
2020-09-19
The Civil Procedure Code, 1908, is a procedural law. Whenever there is a violation of a person’s civil rights, then the procedure file case in the court and proceedings are regulated by the Civil Procedure Code. There are a total of 158 sections and 51 orders in this code.
Key Words of the Civil Procedure Code
1. Adjudication- To adjudicate means to decide on a matter or issue in controversy by a competent authority.Read…
Objection to Jurisdiction and Transfer of Suits
2020-08-20
Every court has its own jurisdiction to decide or conclude a case. Jurisdiction means that which court has the authority or power to decide a case.
Jurisdiction can be categorized into three heads. They are:-
1. Subject matter jurisdiction
2. Pecuniary jurisdiction
3. Territorial jurisdictionRead…
Amendment of Pleadings in Civil Procedure Code
2020-05-13
At any stage of proceedings, the court may allow the plaintiff or defendant to amend his pleadings. The amendment to pleadings shall be made necessary if it determines the real questions in controversy among parties.
The amendments made under Order VI, Rule 17, are voluntary amendments for ratifying one’s own error or default.Read…
