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…

RESTITUTION

 Section 144 of Civil Procedure Code INTRODUCTION The term restitution has not been defined anywhere in the Code of Civil Procedure[1] But has been statutorily recognized under section 144 of CPC[2]. In the literal sense, restitution refers to the restoration of things which were lost or stolen to its rightful owner. Justice Subba Rao mentioned restitution as to restoring to a party the benefit which the other party has received under a decree which was eventually held to be wrong[3]. The Black law dictionary[4] has given the meaning of restitution…

Everything to know about Decree

Introduction: In a civil suit, the judgment is the concluding part that determines the rights and liabilities of both parties. Every judgment then is followed by a decree which is known as the ‘operative part’ of such judgment. In U.K., there is a difference between the judgment and decree which now has lost relevance, but in India, the distinction is still intact, and the Code of Civil Procedure, 1908[1] (hereinafter referred to as ‘CPC’) recognizes such a difference and governs both the judgment and decree under its ambit. So, now…