Legal Provisions of Section 20 of Code of Civil Procedure 1908, (C.P.C.), India

Construction
Subject to the-limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction(a) The defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or ADVERTISEMENTS: (b) Any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or(c) The cause of action, wholly…
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Legal Provisions of Section 11 of Code of Civil Procedure 1908, (C.P.C.), India – Res Judicata

Construction
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.Explanation I:The expression “former suit” shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto. ADVERTISEMENTS: Explanation II:For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal…
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Speech on the Importance of Pre-primary Education

Fashion
Importance of pre-primary education was not very much socially recognised before the advent of the nineteenth century. Upto the 18th century it was thought that during early years of life the parents were best suited to look after the education of their young ones. Source Image:theindianacademy.orgBut due to the impact of industrial revolution this idea was discarded and the parents began to feel the necessity of sending their children to schools. This urge was also there because of the pressure that both the mother and father should earn in order to make their life more comfortable as demands of life were ever-increasing. ADVERTISEMENTS: Hence women also began to take up outside jobs along with men. This situation created the necessity of developing some such institutions which might take care of…
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Section 405 of Indian Penal Code, 1860 – Explained!

Construction
Legal Provisions of Section 405 of Indian Penal Code, 1860.Criminal breach of trust:This section defines the offence of criminal breach of trust. It says that whoever, being in any manner entrusted either with property or with any dominion over property, either dishonestly misappropriates or dishonestly converts to his own use that property, or either dishonestly uses or dishonestly disposes of that property in violation of any direction of law which has prescribed the mode in which such trust is to be discharged, or of any legal express or implied contract which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits ‘criminal breach of trust.’ Image Source: 2.bp.blogspot.com ADVERTISEMENTS: The section requires that the offender must be entrusted with either property…
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Essay on the Importance of Operation Theaters

Fashion
The operation theatre suit of a hospital is a complex workshop and the most important facility of the surgical department. image source: img.medicalexpo.comOperating theatres are expensive to build and equip, but the experience of many institutions indicates that the individual operating rooms or the operation theatre suite (OT suite) have been usually under designed. ADVERTISEMENTS: If the initial planning or use was for multispecialty hospital, giving little consideration for future growth have landed some hospitals into problem situations.In smaller hospitals (50-100 beds), a single operating room may have been sufficient to meet the need.For a larger hospital, departments of eye, ENT, Obstetrics and Gynecology, and the super specialty disciplines will also need the services of operation theatres.In the general hospital, the trend is to have all major operating rooms as…
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Section 306 of Indian Penal Code, 1860 – Explained!

Construction
Legal Provisions of Section 306 of Indian Penal Code, 1860.Abetment of suicide:This section punishes the abettor of a suicide where suicide is committed because of such abetment. In this respect sections 305 and 306 are similar in nature. The section says that whoever abets the commission of a suicide, and suicide in fact is committed, shall be punished with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. Image Source: healthcomu.com ADVERTISEMENTS: The section requires that suicide must be committed as a result of the abetment and the deceased must have been abetted by the accused to commit suicide. Abetment may be caused by instigation, conspiracy or intentional aiding as provided by section 107 of the Code. Section 306, though…
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Section 304B of Indian Penal Code, 1860 – Explained!

Construction
Legal Provisions of Section 304B of Indian Penal Code, 1860.Dowry death:This section defines and punishes dowry death. The first sub­section which defines the offence states that where a woman’s death is caused by either any burns or bodily injury or occurs under such circumstances which are not normal within a period of seven years from the date she was married and the prosecution proves beyond reasonable doubt that soon before she died either her husband or any of his relatives had subjected her to cruelty or harassment either for or in connection with any dowry demand, such a death is a ‘dowry death’, and her death shall be deemed to have been caused by such husband or relative. Since the word ‘dowry’ has not been defined, an explanation has been…
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Essay on Wasiyyat or Will (Muslim Law)

Construction
A Muslim may dispose of his entire property by gift inter vivos. He may also tie down his entire property in perpetuity by creating a waqf for his alal aulad. He also has the testamentary power of disposing of his property. But his testamentary power is limited to the disposal of only one-third of his property.The reason for bestowing testamentary power on a Muslim, and for its limitation, has been thus stated by M. Sautayra: “A will from the Mussluman’s point of view is a divine institution, since its exercise is regulated by the Koran. Image Source: 2.bp.blogspot.com ADVERTISEMENTS: It offers to the testator the means of correcting to a certain extent the law of succession, and of enabling some of those relatives who are excluded from inheritance to obtain…
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Section 302 of Indian Penal Code, 1860 – Explained!

Construction
Legal Provisions of Section 302 of Indian Penal Code, 1860.Punishment for murder:This section, which prescribes punishment for murder, says that whoever commits murder shall be punished either with death or with imprisonment for life, and shall also be liable to fine. In other words, the Indian Penal Code has prescribed only two kinds of punishment, death sentence and imprisonment for life, out of which one has to be imposed on a murder convict who shall also be liable to fine if the court so deems necessary. Image Source: rootsweb.ancestry.com ADVERTISEMENTS: The section, as is clear, does not enumerate the circumstances under which either of these sentences can be imposed. Naturally, the courts are guided by the Code of Criminal Procedure and the pronouncements made by the Supreme Court in the…
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What is the Period of Limitation for any Suit for Which No Period of Limitation is provided elsewhere?

Construction
Article 113: [Art. 120 of the Act of 1908]:The period of limitation for any suit for which no period of limitation is provided elsewhere in this schedule is three years and the limitation commences when the right to sue accrues. Image Source: sturgissoundings.files.wordpress.com ADVERTISEMENTS: Article 113 of the Limitation Act, 1963 is the ‘Omnibus Article for Suits’ of the Limitation Act. Art. 113 is final and residuary relating to suits, and the Court ought not to regard a suit as coming under this Article unless clearly satisfied that the suit does not come under any of other articles i. e. from 1 to 112. The scope of this omnibus or residuary Article has been widened to some extent by the deletion of several Articles of the Limitation Act of 1908…
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