The Code of Civil Procedure, 1908 (CPC) is an adjective law. It neither creates nor takes away any right. CPC Notes for Judicial Services, CPC Legal Drafts, Civil Petition, Suit.
Rule Against Perpetuity Introduction In the realm of property law, one often encounters a complex and archaic rule known as the “Rule Against Perpetuities.” This rule has deep historical roots and is designed to prevent property from being tied up indefinitely. It aims to strike a balance between the freedom to transfer property and the … Read more
Amendment of Pleadings | Order 6 Rule 17 CPC Introduction Pleadings are statements in writing delivered by both the parties involved in the litigation namely, the defendant and plaintiff. Pleading is based of Civil Trial. Pleading is a statement to the suit is either prosecuting the claim or defending the claim. A pleading must be … Read more
Transfer of Property Act Case Laws | Judicial Services | Law Exam 1. Duncans Industries Ltd. v. State of U.P (2000) 1 SCC 633 Whether the machinery embedded in the earth can be treated as moveable or immoveable property depends upon the intention of the parties which embedded the machinery. 2. Sant Lai v. Kamla … Read more
Formalities for Filing of Civil Suit (Order 4 Rule 1, 2, Order 6 Rule 1 to 15, Order 7 Rule 1, 9) Before the suit is presented to the Court certain legal procedural formalities for filing are required to be completed. A check list for convenience of the Plaintiff is given for the purpose of … Read more
Very important Illustrations of Res Judicata or Section 11 of CPC Let us consider few illustrations / Example to understand the doctrine of res judicata: The meaning of “res” is “everything that may form an object of rights and includes an object, subject matter or status” and res judicata means “a matter adjudged; a thing … Read more
Alternative Dispute Resolution under CPC, 1908 Abstract Alternative Dispute Resolution refers to a spread of strategies for resolving disputes with the aid of way apart from litigation. ADR System seeks to offer cheap, easy, short and accessible justice. The item at the back of this provision is to avoid multiplicity of litigation, keep valuable time, … Read more
Short Explanation of Doctrine of Lis Pendens Sec 52 of Transfer of Property Act, 1882 When there is a litigation between two person in regard to some immovable property and one of them transfer the subject-matter of the litigation, a conflict may arise between the right of the transferee and the rights of the parties … Read more
Stages Of Civil Suit as per Civil Procedure Code, 1908 Introduction A civil suit is basically a dispute that arises between individuals in a personal capacity i.e Partition, Property etc or organization in commercial matters. If the civil dispute in a personal capacity, that is governed by the Code of Civil Procedure, 1908 and if … Read more
Distinguish between order, Judgment and Decree Difference between judgement and order INTRODUCTION The decision given by the Court of law, are either decrees or orders. A decree always follow the Judgment, which is pronounced by the Court, after hearing the case and can either be declaratory or executory. Both decree and order are analogous to … Read more
Difference between Common Law and Civil Law Systems In a, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly 150 countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries. … Read more
