Summary Procedure – Order XXXVII of Code of Civil Procedure, 1908

Introduction In recover suits under civil litigation, is it mostly believed to be time consuming but not if one knows about the intent of a Summary Suit of Code of Civil Procedure, 1908. A summary suit is a procedure where courts pass judgment without hearing the defense. The procedure of Summary suit is contradictory to the principle of Natural Justice (Audi Alteram Partem), but this proceeding is only applicable to limited matters where the defendant does not have a justification to defend him. Summary Suit is elucidated in Order XXXVII…

KEY AMENDMENTS TO THE ARBITRATION AND CONCILIATION ACT, 1996

ABSTRACT The delay in delivering justice by the judiciary is rampant and on the other side there is a massive piling up of cases in the ordinary courts. The judges and other judicial officers are pressurised and hence there is an indispensable need for an alternative method to resolve and conclude cases. Alternative Dispute Resolution is an innovative method which includes arbitration, mediation, conciliation and negotiation to resolve disputes outside courts wherein an impartial and independent third party is engaged by the parties in dispute to resolve the matter. The…

CHALLENGES TO ARBITRATION AS A MEANS TO DISPUTE RESOLUTION

INTRODUCTION A Country that is well known for its culture, natural beauty, and tasty cuisine land whose people have experienced repressive, authoritarian, and totalitarian leaders. Place full of vast potentials but living with low development and a struggling economy. Government fighting with corruption and well knew to a party to it. Then, an international community  Decide to provide foreign assistance in many forms including rule of law development assistance, despite all these steps country struggles with overcrowding cases both civil and criminal, and the question was raised why don’t we…

The inherent power of Courts

Introduction: ‘Justice is the sum of all moral duty’- William Godwin Law has been regarded as an essential element of the human society. It has been in existence since time immemorial and is even today with us in this modern era. One can feel the presence of the existence of law from the courts. The courts have served as an epitome of providing justice to the people of the society. But who governs these courts? Is there is codified text? The answer to this is yes. The courts in India…

PLAINT AND WRITTEN STATEMENT

INTRODUCTION             Indian Jurisprudence has developed a comprehensive and exhaustive procedural framework for giving effect to the substantive provisions established by law. The procedure has been tailored based on several factors among which, the nature of the wrong alleged is of prominence. Accordingly, criminal offences are governed by Code of Criminal Procedure, 1973 (hereinafter referred as ‘CrPC’) and civil disputes are governed by Civil Procedure Code 1908 (hereinafter referred as ‘CPC’). In the latter matter, the suit is initiated under Section 26 of CPC by filing a Plaint which is…

Internship at Manu Legal and Associates, Jaipur

About Manu Legal & Associates Manu Legal is an online legal service provider and student support system information portal. since digitalization is something that has been adopted nationwide and is the need of ready at hand remedies which pertain to immediate relief let that be student support or legal solutions; Manu Legal is here for one stop solution to all that you need to resolve any matter pertaining to the field of law. Our identity affirms and recognizes the contribution of its founder Mr. Abhimanyu Singh, Mentors, Panelist and Supporting…

Procedure for Complaint under Uniform Domain Name Dispute Resolution Policy

Abstract In the new era of emerging technologies, there are various platforms in cyberspace being created every day. With the development of new web portals, domain names, and social media applications, the need to register their Intellectual Property Rights has elevated. Even when registered the well-known marks might be used with a bad motive to disturb the competition and to create confusion among the consumers. This is called Cybersquatting. To avoid cybersquatting the World Intellectual Property Organizations has come up with many solutions and one of them is Uniform Domain…

Internship at KS LEGAL, at Mumbai/Ahmedabad Office.

About KS Legal & Associates KS Legal prides itself in providing its clients proactive, creative and pragmatic solutions that address today’s most challenging legal issues. KS Legal is a team of skilled lawyers dedicated to smart, aggressive and strategic advocacy. The firm’s practice areas include corporate advisory, mergers & acquisitions, real estate, bankruptcy & insolvency, banking & insurance, arbitration & civil litigation, among many others. Recognized for representing some of India’s most noteworthy cases, the lawyers at KS Legal are committed to providing their clients with a high-calibre, dynamic defence…