Between Nominee and Legal Heir, who is the Real Owner

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.KEEP READING

Difference and Similarity Between Res Sub Judice and Res Judicata

(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.KEEP READING

Pleading under CPC - Easy Definition, Object, Importance, and Basic Rule

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.KEEP READING

Glossary of the Civil Procedure Code

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.KEEP READING

Amendment of Pleadings in Civil Procedure Code

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.KEEP READING

Order II Rule 2, Frame of Suit

Order II of the Civil Procedure Code deals with the framing of suit. It lays down the rules as to how a suit should be framed.

While drafting a plaint, the plaintiff must draft his plaint in such a way that includes all the important assertions and the claims that the plaintiff wishes to put before the court.KEEP READING

CPC PRELIMINARY

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows- PRELIMINARY – SECTION 1 to 8KEEP READING

EXECUTION

EXECUTION – PART II – Section 36 to 74 – CIVIL PROCEDURE CODE (CPC) General Section 36. Application to orders. The provisions of this Code relating to the execution of decree (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to applyKEEP READING