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The Supreme Court has authority over first, appeals and judicial issues. Its original exclusive jurisdiction applies to any conflict between the Government of India and one or more States or between the Government of India and any State or States on the one hand, or between two or more States on the other, whether and […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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ABOUT- Zia Judicials Legal Research Cell organizing a Four Days Certificate Course on “Civil Procedure Code”. The course will be online on Zoom application and the speaker will be Mr Zia Ansari, Founder of Zia Judicials Legal Research Cell. The course will be held from 22 to 28 August 2020. E-certificate will be provided to […]
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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 […]
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“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 […]
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INTRODUCTION- The term Res sub judice is a Latin word which can be understood in pieces to get a clear meaning, so the word Res means litigation, lawsuit, or any matter in the court of law and the word sub-judice indicates its meaning as ‘under judgment’ which can be jointly interpreted as any suit or matter is […]
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