28Nov 2018 by admin

Legal Provisions of Section 80 of Code of Civil Procedure 1908, (C.P.C.), India – Notice

Construction
(1) Save as otherwise provided in sub-s. (2), no suit shall be instituted against the Government (including the Government of the State of Jammu and Kashmir) or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of(a) In the case of a suit against the Central Government except where it relates to a railway, a Secretary to the Government;(b) In the case of a suit against the Central Government where it relates to a railway. General Manager of that Railway; ADVERTISEMENTS: (bb) In the case of a suit against the Government of the State of Jammu and Kashmir,…
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28Nov 2018 by admin

Legal Provisions of Order XXIII of Code of Civil Procedure, 1908 (C.P.C.), India – Withdrawal and Adjustment of Suits

Identity
Withdrawal of suit or abandonment of part of claim:At any time after the institution of a suit the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon a part of his claim. [Order XXIII, Rule 1 (1)]. ADVERTISEMENTS: The plaintiff who has already moved an application under Order XXIII, Rule (1) cannot withdraw the application for withdrawal of the suit, even before the orders are passed on the withdrawal application, i.e., that the suit is, as far as the plaintiff is concerned, struck off from the file. This is on the assumption that there is withdrawal in fact as well as in law.The question would not arise if there is withdrawal of suit in fact but not in law. For example, when the plaintiff…
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28Nov 2018 by admin

Legal Provisions of Order XXII of Code of Civil Procedure, 1908 (C.P.C.), India – Abatement in General

Management
Abatement implies a suspension or termination of proceedings in an action for want of proper parties or owing to a defect in writ of service.Formerly almost every change of interest after the commencement and before the termination of proceedings caused an abatement or termination. But now a cause or matter shall not be abated by the marriage, death or bankruptcy of any of the parties, if the cause of action survives, nor shall it abate by changes in title during the pendency of the suit.In India abatement of proceedings is governed by Order XXII of the Code of Civil Procedure. Rule 1 provides that the death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives. “Right to sue” means the right…
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28Nov 2018 by admin

Useful Notes on Balwant Rai Mehta Committee

Elections
In January 1957, the Government of India appointed a committee to examine the working of the Community Development Programme (1952) and the National Extension Service (1953) and to suggest measures for their better working.The chairman of this committee was Balwantray G. Mehta. The committee submitted its report in November 1957 and recommended the establishment of the scheme of ‘democratic decentralisation’ which ultimately came to the known as panchayati raj. The specific recommendations made by it are:1. Establishment of three-tier Panchayati Raj System—Gram Panchayat at the village level, Panchayat Semite at the block level, and Zila Parishad at the district level. These tiers should be organically linked through a device of indirect elections. Image Source: d3n8a8pro7vhmx.cloudfront.net ADVERTISEMENTS: 2. The village Panchayat should be constituted with directly elected representatives, whereas the Panchayat…
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28Nov 2018 by admin

Legal Provisions of Section 52 of Code of Civil Procedure 1908, (C.P.C.), India

Essays
(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.Where a judgment-debtor dies before the decree has been…
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28Nov 2018 by admin

Legal Provisions of Section 51 of Code of Civil Procedure 1908, (C.P.C.), India – Procedure in Execution

Construction
Subject to such conditions and limitations as may be prescribed, the court may, on the application of the decree-holder, order execution of the decree(a) By delivery of the property specifically decreed;(b) By attachment and sale or by sale with attachment of any property; ADVERTISEMENTS: (c) By arrest and detention in prison for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section;(d) By appointing a receiver; or(e) In such other manner as the nature of the relief granted may require :Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity showing cause why he should not be committed to prison, the Court, for reasons…
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28Nov 2018 by admin

Useful Notes on Single, Double and Sequential Sampling Plan

Essays
The performance of acceptance sampling depends on the method of selecting the sample and the acceptance level of defectives. There are a number of sampling schemes known as sampling plans. Their choice depends upon the nature of the manufacturing system and the degree of consumer and producer risks which one wants to cover. The sampling schemes are:(i) Single sampling plan(ii) Double sampling plan ADVERTISEMENTS: (iii) Sequential sampling plan. (i) Single Sampling Plan: Here, a single sample of size n is drawn from a lot of size N, and the lot is accepted if the number of defectives in the lot (d) is less than the specification (c) i.e.A sample of size n is drawn and the items of the sample are inspected. Let the number of defectives in the sample…
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28Nov 2018 by admin

Legal Provisions of Section 44 of Code of Civil Procedure 1908, (C.P.C.), India

Construction
The State Government may, by notification in the Official Gazette, declare that the decree of any revenue Court in any part of India to which the provisions of this Code do not extend, or any class of such decrees, may be executed in the ‘State as if they had been passed by Courts in that State.44-A. Execution of decrees passed by Courts in reciprocating territory:(1) Where a certified copy of a decree of any of the superior courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court. ADVERTISEMENTS: (2) Together with the certified copy of the decree shall be filed a certificate from such superior court stating the extent, if any,…
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28Nov 2018 by admin

Legal Provisions of Section 35 of Code of Civil Procedure 1908, (C.P.C.), India – Costs

Government
(1) Subject to such conditions and limitations as may be prescribed and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.Scope of Section 35: ADVERTISEMENTS: Section 35 deals with costs. It provides that:(1)…
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28Nov 2018 by admin

What are the Various Sources of Potential Suppliers for a Manufacture?

Industry
Every organisation maintains a list of vendors, trade group-wise whom they approach for their need of materials. This list is under constant review. Unsatisfactory suppliers are eliminated and new suppliers are added to enhance competition.Also new suppliers have to be found for newer materials required on ever expanding business. How does one obtain information regarding potential suppliers? An important function of the purchase research section will be to obtain this information from the following sources and keep a classified record for reference when necessary.The sources of information regarding the potential suppliers are: ADVERTISEMENTS: 1. Newspaper advertisements2. Trade directories3. Catalogue, price lists etc.4. Trade journals ADVERTISEMENTS: 5. Salesmen6. Advertised tender7. Telephone directories8. Exchange of information between similar companies ADVERTISEMENTS: 9. Trade exhibitions and fairs10. Personnel from other departments of the company11.…
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