Adverse possession- In Brief
In the eye of law, an owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the…
One month Notice to file cross-objection under Order XLI Rule 22- Explanation
Order XLI of the Code deals with appeals from original decrees. Rules 1 and 2 give the right to file an appeal against a decree in the manner and…
Public Prosecutor and its Powers- A Brief Analysis
Section 2(u) of CrPC defines “Public Prosecutor”. It reads as follows:- “(u) “Public Prosecutor” means any person appointed under Section 24, and includes any person acting under the directions of…
Irrespective of whether the case is appealable or non-appealable the examination-in-chief has to be permitted in the form of affidavit
Order XVIII Rule 4 of the Civil Procedure Code provides for the mode of recording the evidence. The said provision reads as follows: “4. Recording of evidence.— (1) In every…
Ex Parte Suit- Proceeding Explained
Order IX Rule 6 (1)(a) lays down the procedure where after due service of summons, the defendant does not appear when the suit is called on for hearing. In…
One who hears must decide the case- Rule 15 of Order 18 of CPC
The hearing of a suit begins on production of evidence by the parties and suit gets culminated on pronouncement of the judgment. Order XVIII Under Order XVIII Rule 1 of…
Does a judge have jurisdiction to pass an order when he is working in the commission of enquiry?
The question was raised in the case of ‘Alok Kumar Roy v. Dr. S.N. Sarma, (1967)’. An appeal was preferred before Supreme Court by special leave and it was urged…
If the judges say in their judgment that something was done, said or admitted before them, it can’t be contradicted before upper court by Pleaders
This was the case of former Chief Minister of A.R. Antulay, who was the Chief Ministers of Maharashtra till 12 Jan, 1982. While he was yet holding the office of…
Forma Pauperis: Suits by Indigent Persons- Explained
Order 33 of the Code of Civil Procedure deals with suits by indigent persons whereas Order 44 thereof deals with appeals by indigent persons. Order 33 Order 33 Rule 1…
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…