Temporary Injunction

INTRODUCTION Temporary or interlocutory or interim injunction is granted before the trial of an action. Its object is to keep matters status quo until the question at issue between the parties is determined.  The object of the interlocutory directive is to ensure the offended party against injury by infringement of his ideal for which he was unable to be sufficiently repaid in harms recoverable in the activity if the vulnerability were settled in support of himself at the trial[1]. Injunction is an even handed cure just as it is administered by law. Subsequently,…

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…

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…

APPEARANCE AND NON-APPEARANCE OF PARTIES (Order 9)

INTRODUCTION Appearance and non-appearance of the parties decide in whose interest the case will be determined. In a civil suit, the mere non-appearance of a party on the date given before the court on the date on which the case will be heard will have an adverse effect on the party. Therefore it is the duty of the parties to be present in the court of law. In situations of non-appearance of any of the parties to the suit, the judgment will be in favor of the party appearing in…

JURISDICTION AND PLACE OF SUING

INTRODUCTION Generally, we can call jurisdiction as the power of the court. In order to take certain awareness of an offence and to decide the cause of action jurisdiction has major role. According to black’s law dictionary, jurisdiction means, “A court’s power to decide on a case or issue a decree”.  Suits are generally of various kinds like properties, contracts, matrimony etc. all it depend upon the nature. The major thing which is to be determined while filing the suit is the place of suing. Section 15 to 20 of…

DISCOVERY, INSPECTION, AND PRODUCTION OF DOCUMENTS UNDER CIVIL PROCEDURE CODE 1908

INTRODUCTION The basic element of the Rule of Law is its procedures. There should be equal opportunities given to all the parties of the suit for Conducting a Reasonable and fair trial and the principles of natural justice should be followed in every case. This Article will be discussing provisions related to Discovery of Documents, Production of Documents and Inspection of Documents as provided under Civil Procedure Code 1908. Discovery is step in pre trial stage in a lawsuit where each party explores or investigates the facts of a case,…

COMMISSIONS

The object of Sections 75 to 78 of Civil Procedure Code, 1908 (herein referred as Code) which is further in detail discussed under Order XXVI of the Code is to assist the court in deciding the certain matter of disputes or elucidating any matter. The court wherever it finds reasonable in the interest of justice or for expeditious disposal of suit may issue a commission. Although the commission appointed is subjected to the restrictions and conditions prescribed by the court. WHO CAN BE APPOINTED AS COMMISSIONER? Greater amount of care…

APPEALS FROM ORIGINAL AND APPELLATE DECREE UNDER THE CIVIL PROCEDURE CODE,1908

INTRODUCTION Where the parties to a suit are not satisfied with the judgment, decree or order passed by the lower court then they may approach the higher court by way of Appeal. The term Appeal is not defined under the Civil Procedure Code, 1908. According to the Black’s Law Dictionary the term Appeal is explained as “the complaint to a superior court for an injustice done or error committed by an inferior one, whose judgment or decision the Court above is called upon to correct or reverse. It means the…

CAVEAT

Introduction The principles of natural justice form the touchstone of justice and fairness in any adjudicatory proceeding. The serving of notice is thereby considered a cardinal cannon of affording fair hearing to the involved parties. However, when a party is of the belief that a proceeding has already been or may be initiated against her, the resultant right to be served a notice before taking certain steps by the court of law has been envisaged in the provisions of Section 148-A of the CPC, 1908. It’s paramount significance can be…