Judgment Procedure of CPC does not apply to Chartered High Court
Trial of a civil dispute in Court is intended to achieve, according to law and the procedure of the Court, a judicial determination between the contesting parties of the matter…
A person’s conduct in collecting rents and managing estates does not empower him to transfer land
This issue came before the Supreme Court in the case of ‘Balai Chandra Mondal v. Smt. Indurekha Debi (1973)’. Here goes the facts and analysis of the case- What Supreme…
Impact and Effect of Mistake of Fact in an Agreement
‘Contract’ is a bilateral transaction between two or more than two parties. Every contract has to pass through several stages beginning with the stage of negotiation during which the parties…
How investigation is done under CrPC? – A Brief
The Code of Criminal Procedure provides not merely for judicial enquiry into or trial of alleged offences but also for prior investigation thereof. Section 5 of the Code shows that…
Are Departmental Proceedings and Police Investigations Different in Criminal Law?
The standard of proof required in recording a finding of conviction in a criminal case and in a departmental proceeding are distinct and different. Whereas in a criminal case, it…
Can a Mohammedan by means of a Family Settlement relinquish his right of spes successionis?
In the case of ‘Shehammal v. Hasan Khani Rawther (2011)’ Supreme Court had occasion to consider this question. The court had three questions to consider in this case, which are…
Sub Judice- Section 10 of the CPC
Section 10 of the Code which is relevant for the purpose reads as follows: “10. Stay of suit.- No Court shall proceed with the trial of any suit in which…
The principle of lost grant
The principle of lost grant is a presumption which arises in cases of immemorial user. It has its origin from the long possession and exercise of right by user of…
Circumstances in which a civil suit can be dismissed without trial under CrPC
Code of Civil Procedure is nothing but an exhaustive compilation- cum-enumeration of the principles of natural justice with reference to a proceeding in a court of law. The entire object…
What is Res Judicata and Constructive Res Judicata? – Explained in Brief
Res judicata means ‘a thing adjudicated’ that is an issue that is finally settled by judicial decision. The Code deals with res judicata in section 11, relevant portion of which…