28Nov 2018 by admin

Legal Provisions of Order XIII of Code of Civil Procedure, 1908 (C.P.C.), India

Applications
Original documents to be produced at or before the settlement of issues:(1) The parties or their pleaders shall produce on or before the settlement of issues, all the documentary evidence in original where the copies thereof have been filed along with plaint or written statement.(2) The Court shall receive the documents so produced: ADVERTISEMENTS: Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs.(3) Nothing in sub-rule (1) shall apply to documents(a) Produced for the cross-examination of the witnesses of the other party; or ADVERTISEMENTS: (b) Handed over to a witness merely to refresh his memory.] (Order XIII, Rule 1).On every document so admitted in evidence in the suit there shall be endorsed: (a) the number and the title of the…
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28Nov 2018 by admin

Legal Provisions of Order VII of Code of Civil Procedure, 1908 (C.P.C.), India – Plaint

Events
Particulars of the plaint:The plaint shall contain the following particulars:(1) The name of the court in which the suit is brought; ADVERTISEMENTS: (2) The name, description and place of residence of the plaintiff;(3) The name, description and place of residence of the defendant, so far as they can be ascertained;(4) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;(5) The fact constituting the cause of action and when it arose; ADVERTISEMENTS: (6) The facts showing that the court has jurisdiction;(7) The relief which the plaintiff claims;(8) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and(9) A statement of the value of the subject-matter of the suit for…
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28Nov 2018 by admin

Legal Provisions of Order VI of Code of Civil Procedure, 1908 (C.P.C.), India – Pleadings Generally

Construction
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 plaint or written statement. (Order VI, Rule 1). ADVERTISEMENTS: 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.Written statement is the statement of defence in writing and filed by the defendant in which he deals with every material fact alleged by the plaintiff in the plaint and also states new facts which may be in his favour, adding such…
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28Nov 2018 by admin

Legal Provisions of Order IX of Code of Civil Procedure, 1908 (C.P.C.), India – Procedure in Suits during Hearing

Law
Parties to appear on day fixed in summons:On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the court-house in person or by their respective pleaders. The suit shall then be heard unless adjourned to a future day fixed by the court. [Order IX, Rule 1]Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs: ADVERTISEMENTS: Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service, or failure to present copies of the plaint as required by Rule 9 of Order VII, the Court…
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28Nov 2018 by admin

Legal Provisions of Order II of Code of Civil Procedure, 1908 (C.P.C.), India – Frame of Suit

Trade
Every suit shall, as far as practicable, be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. (Order II, Rule 1). The above rule signifies that the object of the legislature appears to be that as far as possible all matters in dispute between the parties relating to the same transaction should be disposed of in the same suit. Where there is common question of law and fact separate suits are neither necessary nor desirable.Splitting of Claim [Order II, Rule 2]: (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to…
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28Nov 2018 by admin

Legal Provisions of Section 151 of Code of Civil Procedure, 1908 (C.P.C.), India

Construction
Since laws are general rules, they cannot regulate for all times to come so as to make express provision against all inconveniences, which are infinite in number, and to foresee all cases that may possibly happen with a view to providing a remedy. A Code however wisely framed cannot make express provisions against all contingencies and for all times. The purpose of the law is to secure the ends of justice.The laws are not ends in themselves but are only a means for securing justice. If the ordinary rules of procedure result in injustice in any case and there is no other remedy, it is the duty of the court to override those rules for achieving the ends of justice.It is to serve this necessity that provision has been made…
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28Nov 2018 by admin

Legal Provisions of Section 149 of Code of Civil Procedure, 1908 (C.P.C.), India

Government
Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the, whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee has been paid in the first instance.Under the provisions of S. 149, C.P.C., as a practice, the courts grant time for payment of the court-fee on coming to an adverse conclusion on a pauper application. If the court in which the pauper application is…
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28Nov 2018 by admin

Legal Provisions of Section 148 of Code of Civil Procedure, 1908 (C.P.C.), India – Enlargement of Time

Events
Where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this Code, the court may, in its discretion, from time to time, enlarge such period, [not exceeding thirty days in total] even though the period originally fixed or granted may have expired.There are various provisions in the Code prescribing or allowing the doing of an act for which time is fixed or granted by the court. In all such cases, the Court has power under S. 148 of the Code to enlarge the time, even after the expiration of the period originally fixed. The time granted by the court for payment of costs, while setting aside an ex parte decree, as a condition precedent thereto, is not an act prescribed…
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28Nov 2018 by admin

Legal Provisions of Section 144 of Code of Civil Procedure, 1908 (C.P.C.), India – Restitution

Events
The restitution is consequential to the variation or reversal of the decree or on its being modified or set aside. The condition precedent for restitution, therefore, is that the decree of the trial court must be reversed or varied in appeal or otherwise.The word ‘consequentially’ lays emphasis on the obligation on the party to the suit or proceedings which received the benefit of the erroneous decree to make restitution to the other party for what he has lost. The court therefore is bound to restore the parties, as far as they can be, to the same position they were at the time when the court by its erroneous action had displaced them from it.Equally where a sum of money was recovered in execution by a decree which was subsequently reversed…
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28Nov 2018 by admin

9 Important Elements That Makes a Nation Superbly Powerful

Economic Development
The ability of nation to use power depends upon different factors but no single factor is entirely responsible for the growth of national power. Moreover, mere existence of various elements does not make a nation powerful. It is the ability to skillfully harness and use these factors that leads to national power.Different Classification of Elements of Power: According to Morgenthau: Permanent and Temporary ADVERTISEMENTS: According to Organski: Natural and SocialAccording to Palmer and Perkins: Tangible and IntangibleBroadly speaking there is following elements of power: Image Source: abduzeedo.com (1) Geography: Among the geographical elements of power size, location, climate, topography and boundary are important ones. The exponents of geographical elements include. (a) Size: ADVERTISEMENTS: The large size of a country enables it to accommodate large population. It can also be a…
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