Connecting Lawyers with Opportunities
The word ‘Res’ means ‘a subject matter’ or a ‘dispute’ and the word ‘Judicata’ means ‘adjudged’ or ‘decided’. In simple language if we see then meaning of the word ‘Res Judicata’ is ‘a subject matter decided’. Res Judicata means a final decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter […]
Continue Reading
What are Lokpal and Lokayuktas? The Lokpal and Lokayukta Act, 2013 mandated for the establishment of Lokpal at the Union level and Lokayukta at the State level. Lokpal and Lokayuktas are statutory bodies and these don’t have any constitutional status. These institutions perform the function and role of an “Ombudsman” (an official appointed to investigate […]
Continue Reading
INTRODUCTION An Appellate Court in which a first-instance appellate has this influential standing of accepting such an appeal must have certain powers and duties following its position. An appeal court’s power varies from powers such as the power to ultimately resolve a case that might seem like an obvious power. Certain powers such as the […]
Continue Reading
The first code of civil procedure was enacted for the first time in 1859 and was later amended in 1877 and 1882, but those amendments could not serve the purpose and therefore the present code was enacted in 1908 by a committee headed by Sir Earle Richards. The Code of Civil Procedure is a ‘procedural […]
Continue Reading
INTRODUCTION The Inherent Powers of the Court are in addition to the powers specifically conferred on the Court by the code. The sense of ‘inherent’ is a permanent, absolute, inseparable, necessary or characteristic feature that resides in something. Inherent Power of the Courts is those powers that the court can apply to execute full and […]
Continue Reading
Indigent person Order 33 under the Code of Criminal Procedure (herein referred to as CPC) deals with suits filed by ‘indigent persons’. An indigent person is defined in explanation one to Rule 1 according to which is a person is an ‘indigent’ person or forma pauperis– On the off chance that he isn’t equipped with […]
Continue Reading
Sale as a mode of execution The word “Execution” isn’t defined in the Code of Civil Procedure, 1908 (hereinafter referred to as CPC. Execution can be comprehended as “a legal act by which a public officer is enabled to hold decisions or requests into impact.” In other words, it means the carrying into effect the […]
Continue Reading
Introduction To decide the rights and liabilities in a matter at hand, a decree is passed by the court under the Code of Civil Procedure (herein referred to as CPC). The person in whose favour a decree is passed is known as decree-holder and the person against whom the decree is passed is known as […]
Continue Reading
Meaning of Compromise The word “compromise” means the settlement of a dispute by mutual consent of both the parties i.e. plaintiff and defendant. A compromise reached by the parties puts an end to their litigation battle. In simple terms, it is upon the discretion of the parties to compromise, adjust, or settle their dispute by […]
Continue Reading
INTRODUCTION- Mediation and Conciliation which falls under the ambit of Alternative Dispute Resolution are the better means for the families to dissolve their disputes as it keeps the families together because Families are the group of peoples who are made to live with each other. This dispute resolution process has far better results than the […]
Continue Reading
INTRODUCTION TO SET-OFF AND COUNTER-CLAIM- The law along with substantive law also provides for procedural law to define the procedure which will lead towards the track of getting rights of the people so in pursuance of that, there is a law under the Civil procedure Code (CPC) under which Order 8 rule 6 and rule […]
Continue Reading
“It is a doctrine common to the courts both of law as well as equity, and rests upon the foundation that it would plainly be impossible that any action or suit could be brought to a successful termination, if alienation pendent lite were permitted to prevail” [1] Concept and Nature Lis Pendens means a pending […]
Continue Reading