02Oct 2018 by admin

Suit for Setting Aside a Transfer Effected by a Natural Guardian–Sample Format

Tech & Engineering
1. The proforma defendant No. 2 is the mother and was natural guardian of the plaintiff at all material times. The plaintiff was born in 1965 and has attained majority on 15.5.1983. Image Source: i.ytimg.com2. The plaintiff owned the property described in the Schedule below. The said pro-forma defendant 2 has sold to the defendant No. 1 the said schedule on 13.4.1981 by executing a sale deed in favour of the defendant No. 1 for a consideration of Rs. 1,00,000/-. ADVERTISEMENTS: 3. The said sale by the pro-forma defendant No. 2 in favour of the defendant No. I was not for any legal necessity.4. That the cause of action for this suit arose on 13.4.1981 (date of sale) and thereafter on 15.5.1983 (when the plaintiff attained majority) at Visakhapatnam within…
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02Oct 2018 by admin

Legal provisions that regulate the forum for the institution of suits in India

Business
Suits may be of different types. They may relate to movable properties or immovable properties; they may be based on contracts or torts; they may be matrimonial proceedings, suits for accounts and so on.The jurisdiction of a Court to entertain, deal with and decide a suit may be restricted by a variety of circumstances, and the first thing which is to be determined is the place of suing. Image Source: forumcomm.com ADVERTISEMENTS: Sections 15 to 20 of the Code of Civil Procedure regulate the forum for the institution of suits-Section 15. Pecuniary Jurisdiction:-Section 15 refers to the Pecuniary Jurisdiction of the Court. Every suit shall be instituted in the Court of the lowest grade competent to try it.Prima facie, it is the plaintiff’s valuation in the plaint that determines the…
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02Oct 2018 by admin

What is the Rule of Constructive Res-Judicata in India?

Law
The rule of direct res Judicata is limited to a matter actually in issue alleged by one party and either denied or admitted by the other party expressly or impliedly.But the rule of constructive res judicata engrafted in Explanation IV to Section 11 of the Code is an ‘artificial form of res judicata’ and provides that if a plea could have been taken by a party in a proceeding between him and his opponent, he should not be permitted to take that plea against the same party in a subsequent proceeding with reference to the same subject matter. Image Source: i.ytimg.comThat clearly is opposed to consideration of public policy on which the doctrine of res judicata is based and would mean harassment and hardship to the opponent.Besides, if such a…
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02Oct 2018 by admin

What are the Purposes for which a Court may Appoint a Commissioner?

Essays
Power of Court to issue commissions: As a general rule, the evidence of a witness in an action, whether he is a partly to the suit or not, should be taken in open Court and tested by cross-examination. Image Source: lifenews.comInability to attend the Court on grounds of sickness or infirmity or detriment to the public interest may justify issue of a commission. The Court has a discretion to relax the rule of attendance in Court where the person sought to be examined ac a witness resides beyond the local limits of the jurisdiction of the Court or on any other ground which the Court thinks sufficient, e.g., a witness, who being a Pardhanashin lady can be examined on commission. ADVERTISEMENTS: The power, however, should not be exercised on the…
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02Oct 2018 by admin

What do you mean by Legal Disability? – The Limitation Act

Law
‘The provisions of Sections 6, 7 and 8 deal with legal disability under the Limitation Act.The object of provisions of legal disability is to extend the period of limitation laid down by the schedule to the Limitation Act. Sections 6, 7 and 8 provide disabilities of various kinds for the benefit of the person to claim legal disability.Section 6 excuses an insane person, minor and idiot to file suit or make an application for the execution of a decree within the time prescribed by law and enables him to file the suit or make an application after the disability has ceased, counting the period of time from the date on which the disability ceased. Image Source: 4.bp.blogspot.com ADVERTISEMENTS: If one disability supervenes and another disability or one disability is followed…
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02Oct 2018 by admin

What is meant by Res-Sub Judice and Res-Judicata?

Government
The Doctrine of Res-judicata is based on the following three maxims:1. Nemo Debet Lis Vexari Pro Una Et Eaden Causa – No man should be vexed twice over for the same cause;2. Interest Republicate Ut Sit Finis Litium- It is in the interest of the State that there should be an end to a litigation; and Image Source: i.ytimg.com ADVERTISEMENTS: 3. Res Judicata Pro Veritate Occipitur – A judicial decision must be accepted as correct.The doctrine of Res Judicata has been explained in the simplest possible manner by Das Gupta, J., in the case of Satyadhyan vs. Smt. Deorajin Debi in the following words:The principle of Res Judicata is based on the need of giving finality to judicial decisions. What it says is that once a res is judicata, it…
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02Oct 2018 by admin

What is meant by Joinder of Parties, Mis-joinder of Parties and Mis-joinder of cause of action?

Law
The question of joinder of parties may arise as regards the plaintiffs or as regards the defendants. An act may be done by a single individual and may adversely affect another individual.In that case, the question of joinder of parties does not arise at all. Thus, where A assaults B, the latter may sue A for tort, as it individually affects him. Image Source: moxymarketplace.com ADVERTISEMENTS: The question of Joinder of parties arises only when an act is done by two or more persons or it affects two or more persons. Thus, if A assaults B and C, or A and B assault C, the question regarding joinder of plaintiff or defendant arises.All persons may be joined in one suit as plaintiffs/defendants if the following two conditions are satisfied:(i) If…
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02Oct 2018 by admin

Essay on the Historical Growth of Ecology from 18th Century to 20th Century

Management
Essay on the Historical Growth of Ecology from 18th Century to 20th Century !From the late seventeenth century through the nineteenth cen­tury, following five major fields of study laid the foundation for the development of ecology as a distinct scientific discipline in the twen­tieth century: (1) natural history and faunal exploration, (2) environ­mental physiology and the study of responses to environmental changes, (3) evolution and theories of natural selection, (4) popula­tion studies and demography, and (5) ecological geography and conservation (Southwick, 1976). image source: cgpauk.com Natural History and Fauna Exploration: Natural history has been a primary developmental source of ecology since the time of Aristotle. Some of the important natura­lists of late 17th, 18th and 19th centuries who contributed signi­ficantly for early growth of modem ecology are following: ADVERTISEMENTS: Rene…
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02Oct 2018 by admin

Essay on Growth of Plant Ecology in India

Nutrition
Here is your Essay on Growth of Plant Ecology in India !In India, the earliest contributions to the modern plant ecology were mainly from some forest officers who presented purely descriptive accounts of forests. First forest conservation efforts were made in 1864 by Sir Dietrich Brandis, the Inspector General of forests and first Indian Forest Act came into existence in 1885. image source: c1.staticflickr.com ADVERTISEMENTS: In 1893, Voelcker, a German agricultural scientist, submitted a report to Indian Government regarding the role of forests vis-a-vis agriculture and he stressed the need for formulating a forest policy with a definite bias for serving agricultural interests more directly than before.Accordingly, Indian Government issued a resolution dated 19th October, 1894 regarding her policy about the manage­ment of Indian forests on scientific lines (Sagreiya, 1967).Early…
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02Oct 2018 by admin

Here is your Essay on Aquatic Environment (1125 Words)

TV
Here is your Essay on Aquatic Environment !The aquatic environment is subject to water movements rang­ing from small vertical circulations to strong currents. The streams have a unidirectional movement and in seas the movement is rever­sible. Many aquatic animals have accordingly taken to sedentary or sessile lives depending on water movements. image source: heels2wheels.tv ADVERTISEMENTS: Radial symmetry is a characteristic of such animals. Transformation from a sessile to a locomotive existence favours a bilateral symmetry. The currents of water often abrade the inhabiting flora and fauna and varied modifications are encountered to withstand this abrasive action.Thick scales, strong shells and many attachment devices like the holdfasts and suckers all are the results of this environmental stress. The ability to breathe air dissolved in water, at times even resorting to anaerobic…
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