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 that…
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…
Arrest and Detention under CPC- Constitutional Validity
A modern Shylock is shacked by law’s humane hand-cuffs.- Justice Krishna Iyer An appeal was filed by Judgement debtor against the order of detention passed under Order 21, Rule 37…
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…
The application of Res Judicata at subsequent stages of same proceeding, and Differences between ‘Res Judicata and Issue estoppel’
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…