26Oct 2018 by Reese Bannister

Provisions Relating to Transfer of a Civil Suit in India

Marriage
Ordinarily the plaintiff has the right to choose the forum where the plaintiff has the choice of two or more courts in which he may properly institute a suit. But the defendant may apply in such case to have the suit transferred from the court in which it is filed to another court, which has also the jurisdiction to hear the suit.This defendant has to do after notice to the other parties at the earliest possible opportunity and in all cases where issues are settled, at or before such settlement. Image Source: govtjobsapply.com ADVERTISEMENTS: Such an application is to be made to the appellate court where the several courts are under the same court of appeal or to the High Court where the several courts are under the same High…
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26Oct 2018 by Reese Bannister

What is the Proper Place of Suing in the Following Cases?

Trade
(a) A suit by a guardian for the custody of his ward;(b) A suit for damages for infringement of a trade mark;(C) A suit against a corporation;(d) A suit for mesne profits; ADVERTISEMENTS: (e) A suit for specified performance of a contract of sale of immovable property; and(f) A suit for a tort.(a) A suit by a guardian for the custody of his ward may be brought in the court of the place from where the ward was removed or at the place to which the ward was removed. Image Source: scfamilylaw.com ADVERTISEMENTS: (b) A suit for damages for infringement of a trade mark may be brought in the court of the place where the defendant resides or in the court of the place where the defendant publishes advertisements constituting…
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26Oct 2018 by Reese Bannister

The effect of acknowledgement of liability on the period of limitations (The Limitation Act, 1963)

Essays
The principle on which the rule of acknowledgement as enunciated in section 18 of the Limitation Act is based is that the bar of limitation should not be allowed to operate in cases in which the existence of claim is acknowledged by person who are under the liability; every acknowledgement affords a new proof of existence of the debt.So the rules of limitation which are party based upon the tendency of evidence to disappear would not be allowed to obscure the essential justice of a case which is that the defendant having obtained an advantage to which he is not entitled should be compelled to pay it back.Thus it is clear that the period of limitation is no enlarged under this section but fresh period begins to run from the…
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26Oct 2018 by Reese Bannister

What is Constructive Res Judicata, Section 11, Explanation 4, CPC, India?

Construction
It is in the interest of justice that a party should bring forward his whole case in respect of the matter in suit. The matter directly and substantially in issue may either be actually in issue or constructively in issue and both the matters constitute res judicata if the same were in issue in the former suit and is also is issue in the subsequent suit.Explanation IV to Section 11 says that any matter which might or ought to have been made a ground of defence or attack in the former suit shall be deemed to have been a matter constructively in issue in that suit.Thus, if a matter which might and ought to have been raised by the plaintiff in the former suit is not raised by him there…
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26Oct 2018 by Reese Bannister

The rule in regard to the exclusion of the period of limitation when a plaintiff presents a plaint in a Wrong Court

Identity
(a) In computing ‘the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecut­ing with due diligence another proceeding whether in a court of first instance or in a court of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction, or other cause of a like nature is unable to entertain it. (Section 14).The three essential requisites for excluding the time spend in taking proceedings; in a wrong court is (1) identity of the cause of action, (2) good faith of the plaintiff, and (3) absence of jurisdiction or other cause of like nature in the court which entertained the…
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26Oct 2018 by Reese Bannister

What effect has substitution or addition of a new plaintiff or defendant in a suit upon question of limitation (Section 21)?

Law
Section 21 of the Limitation Act deals with, the effect of the law of limitation when a new party is substituted or added as a plaintiff or defendant after the suit has been instituted. Clause (1) of section 21 lays down that a suit in which a party is subsequently joined shall be deemed to be instituted as regards him (new party on the date of his joiner).Whether the suit becomes barred as regard him alone or as regards other parties also is a matter which will have to be ascertained with reference to the substantive law relating to the subject of necessary parties to an action and the law relating to limitation of actions contained in the statutes of the country.For instance, if there are already two plaintiffs on…
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25Oct 2018 by Reese Bannister

Circumstances under which payment on account of debt or of interest on legacy would extend the period of limitation under the Limitation Act, 1963

Essays
Section 19 of the Limitation Act deals with the effect of payment on account of debt or interest on legacy. It enacts that (1) if payment is made on account of debt or interest on legacy, (2) before the expiration of the prescribed period (3) by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the date of payment.It further provides that except in the case of payment of interest made before 1st January, 1928, the acknowledgement of payment should appear in the handwriting of, or in a writing signed by the person making the payment.It is the payment which really extends the period of limitation under section 19: but the payment…
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25Oct 2018 by Reese Bannister

What are the essential requisites of a valid acknow­ledgment? (The Limitation Act, 1963)

Essays
A consideration of the terms of Section 18 of the Limita­tion Act shows that the essential requisites of a valid acknowledg­ment are the following:1. Acknowledgment must be made before the expiration of the period of limitation: ADVERTISEMENTS: In other words the acknowledgment must be made after the period of limitation has begun to run and while it is actually running. The expression “period prescribed” does not refer exclusively to the period prescribed by the first schedule to the Limitation Act.The expression will include any period prescribed by the Act, whether in the body of the Act or in the first schedule. Thus, an acknowledgment may be made before the expiry of the period of limitation as extended by the operation of section 14 of the Limitation Act. [See Kamla Prasad…
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25Oct 2018 by Reese Bannister

In what cases limitation is (a) suspended, (b) interrupted, (c) extended, (d) does not run at all? (The Limitation Act, 1963)

Government
The general rule is that limitation begins to run from the accrual of the cause of action; and if once it has commenced to run, no subsequent even will stop its running and the period of limitation is to be computed from the date of the accrual of cause of action.But sometimes, owing to some exceptional circumstances the operation of limitation is suspended, i.e., certain portions of the time during which the exceptional circums­tances exist are allowed to be excluded in the computation of the period of limitation e.g., the time during which the defen­dant has been absent from India is excluded in computing the period of limitation.In case of suspension the already elapsed period is not ignored, but is added to the period which follows suspension. Sometime, exceptional circumstances…
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25Oct 2018 by Reese Bannister

4 Most Important Features of Indian English

Languages
Important features of Indian English are as follows: Image Source: projects-abroad.co1. The word English refers to things belonging or relating to England or its inhabitants. As such, English means the language spoken by the citizens or inhabitants of England. Originally, the word English referred to the native language of Britain. ADVERTISEMENTS: Further, Queen’s English or King’s English is a term used by some to designate the standard form of written or spoken southern British English, which they regard as the most correct or acceptable form.2. Be that as it may, English is also the native language of people in North America and much of the British Commonwealth and some other countries. Apart from the British English, there is thus the American English, Canadian English and also the Australian English.As people…
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