26Oct 2018 by Reese Bannister

What Are The Essential Contents Of A Decree (Code of Civil Procedure, 1908, India)?

Art
The decree shall agree with the judgment; it shall contain—(1) The number of the suit;(2) The names and descriptions of the parties; ADVERTISEMENTS: (3) Particulars of the claim;(4) clear specification of the relief granted or other determination of the suit;(5) The amount of costs incurred in the suit and by whom or out of what properly and in what proportion such costs are to be paid;(6) Any direction as to the setting off of the costs payable to one party by the other against any sum found to be due from the former to the latter; ADVERTISEMENTS: (7) The date on which the judgment was pronounced;(8) The signature of the judge. (O. 20, Rr. 6-7], Image Source: i.ytimg.com Additional contents of decrees in particular cases: In a suit relating to…
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26Oct 2018 by Reese Bannister

The procedure for setting aside an ex parte decree in India

Essays
An ex parte decree is a decree passed in the absence of the defendant where the plaintiff appears and the defendant does not appear when the suit is called on the hearing. If it is proved that the summons was duly served, the court may make an order that the suit be heard ex parte.The court shall then proceed to take and determine on evidence, and pass a decree in favour of the plaintiff if a prima facie case is made out by him. [O. 9 R. 6 (a)]. An ex parte decree may be passed either at the first hearing or at an adjourned hearing. Setting aside ex parte decree: In order to have an ex parte decree set aside the defendant must apply to the court by which…
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26Oct 2018 by Reese Bannister

Short notes on Pleading, its Object and Fundamental Rules (C.P.C 1908, India)

Law
Pleadings are statements in writing drawn up and filed by each party to a case stating what his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.“Pleading” is defined in the Code of Civil Procedure as meaning a plain or written statement. (O. VI, R. 1).Plaint is the statement of a claim, in writing and filed by the plaintiff in which he sets out his cause of action with all necessary particulars. Image Source: cdn.abclocal.go.com ADVERTISEMENTS: Written statement is the statement of defence in writing and filed by the defendant in whom he deals with every material fact alleged by the plaintiff in the plaint and also states any new facts which may be…
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26Oct 2018 by Reese Bannister

The Different Modes of Effecting Service of Summons on a Defendant (C.P.C 1908, India)

Government
The prescribed modes of service of summons are as follows: 1. Personal or Direct Service: ADVERTISEMENTS: Wherever it is practicable, service should be made on the defendant in person, unless he has an agent empowered to accept service in which case service on such agent shall be sufficient. Where there are two or more defendants, service should be made on each defendant. (O. 5, rr. 10, 11).Where the defendant is absent from his residence at the time when the service of summons is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult…
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26Oct 2018 by Reese Bannister

What do you understand by Non-joinder of Parties, Mis-joinder of Parties, and Multifariousness (Civil Suits, India)?

Law
Non-joinder of parties: Where a person who is a necessary party to a suit has not been joined as party to the suit, it is a case of non-joinder. A suit should not be dismissed on the ground of non-joinder.A distinction has to be drawn between the non-joinder of a person who ought to have been joined as the party and the” non-joinder of a person whose joinder is only a matter of convenience or expediency.If the decree cannot be effective without the absent parties, the suit is liable to be dismissed. In cases where the joinder of a person as party is only a matter of convenience, the absent party may be added or the suit may be tried without him. Image Source: i.ytimg.com Misjoinder: ADVERTISEMENTS: Where there are…
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26Oct 2018 by Reese Bannister

Essay on “Thar Desert”

Development
Deserts extend over 2% of landmass (Olson et al., 1983) with about 1200 animal species from Bustard. Sand grouse species are restricted to Thar (Rodgers and Panwar, 1988). Thar is the most populous desert in world with human density of around 84 per sq. km.Population growth is also very high, for instance, between 1991 and 1981; population growth was 187 %, in the Thar while it was 249% in the whole of India. (Malhotra, 1988). More than 80% people live in villages or scattered settlements called dhanis. But urbanization is increasing. Agriculture and animals husbandry are the main occupations.As animal’s husbandry is one of the main occupations of people, livestock population is very high and increasing. Density of livestock varies from 42 in Jaisalmer district to 226 per Km2 in…
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26Oct 2018 by Reese Bannister

What is the importance of Western Ghats?

Strategy
Western Ghats are chains of hills that run along western edge of peninsular India. They receive high rain fall due to their proximity to ocean and through orographic effect. Covering only 5% of India’s land surface, Ghats’s harbour more than 4000 (including 1800 endemic) plant species. Nilgiri langur, lion tailed macaque, Nilgiri tahr, Malabar grey hornbill and most amphibian species are endemic.It constitutes the Malabar province of Oriental realm. Nearly 77% of amphibians 0.2% of reptitles found here are not reported anywhere else (Biswas and Panwar, 2006) and biogeographically affinities to the Malaya region are evident. Sibynophis snakes, purple frog and Sri Lankan lizard, Nessia appears to be similar to Madagascar genus Acontias, Numerous floral links to Madagascar region also exist. Out of 49,219 recorded Indian plant species, 1600 endemic…
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26Oct 2018 by Reese Bannister

6 Important Methods for Conservation of Wildlife in India

Management
The important methods adopted for conservation of wildlife in India are described below: 1. Habitat management: This indicates ecological study of habits and habitats of wildlife species, protection, preservation and improvement of habitats, census and statistical data regarding species to be conserved, etc. Image Source: wlf.louisiana.gov 2. Establishment of protected area: ADVERTISEMENTS: Establishment of national parks, wildlife reserves, sanctuaries, zoological garden etc. serves many purposes:(i) To conserve species in their wild state.(ii) To provide scientific, educational and recreational opportunities and(iii) To earn revenue by attracting tourists. In India, at present, there are 89 National parks and 496 sanctuaries constituted under Wildlife (Protection,) Act, 1972. These are now spread over 25 states and 3 Union Territories. Total area covered by these protected places is approximately 1, 83,000 sq. km. ADVERTISEMENTS: There…
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26Oct 2018 by Reese Bannister

4 Important Factors That Influence the Rate of Extinction of Species

United States
4 Important Factors That Influence the Rate of Extinction of Species are as follows: 1. Population Size and Geographic Distribution: Smaller populations are at greater risk of extinction than larger ones. Rosenzweig and Clark (1994) examined data from their studies of bird populations of the British Isles (Diamond, 1984). Their study shows that extinction probability decreases as population size increases. Similar finding are on record in case of spider populations on islands (Schoenor and Spiller, 1992) and bighorn sheep (Berger, 1990).Small populations are seriously affected than large ones due to small changes in natality, mortality or environmental factors. Larger genetic variability and distribution pattern of large population serve as a buffer in protecting them from risk of extinction. Geographic distributions and longevity of many species can be estimated (Jablonski and…
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26Oct 2018 by Reese Bannister

“In situ” and “Ex situ” Conservation in India

Management
In situ Conservation in India: India encompasses at present 89 national parks and 496 sanctuaries (MoEF, 2001) covering an area of 1.83 lakhs sq km. Tura Range in Garo Hills of Meghalaya is a gene sanctuary for conserving rich native biodiversity. Image Source: apps.ifpindia.orgSanctuaries for rhododendrons and orchids have been established in Sikkim. The Ministry of Environment and Forests constituted National Afforestation and Eco- development Board (NAEB). ADVERTISEMENTS: NAEB has evolved schemes for promoting afforestation. Twelve biodiversity rich areas are designated as Biosphere Reserves (BR). Nilgiri BR has been recently added to International Network of Biosphere Reserves. Kaziranga NP, Keoladeo Ghana NP, Manas WLS, Nanda Devi NP and Sunderbans NP are World Heritage Sites. Project Tiger, initiated in 1973 presently cover 27 tiger reserves in 14 states with a total…
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