Short Essay on “Civil Law”

Fashion
The term ‘civil law‘ denotes the law of the land. It is termed civil to mean the law of the civitas or State. The name is derived from the jus civil of the Romans. That was the law peculiar to a particular State, e.g., Rome. Holland uses the term “positive law”.He observes that “a law, in the sense in which that term is employed in jurisprudence, is enforced by sovereign political authority. It is thus distinguished not only from all rules which, like the principles of morality and the so-called law of honour and of fashion are enforced by an indeterminate authority, but also from rules enforced by a deter­minate authority, which is cither, on the one hand, superhuman, or, on the other hand, politically subordinate. In order to emphasize…
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8 Most Important Techniques Used by Pressure Groups for Securing their Interests

Fashion
For securing their aims and goals, interest groups use peaceful persuasion as well as pressure techniques. When the interest groups, use pressure tactics for securing their interests these are called pressure groups.As such, ail methods by which influence and pressure can be exerted upon the decision-makers are the methods of interest groups. Such techniques as strike, gherao, bandhs, demonstrations, passive resistance, work to rule, which are usually described as means of direct action, fall within their scope.Interest groups are opportunistic and down to earth pragmatic in the selection of methods for serving their interests. Henry A. Turner observes, “Individual interest groups generally function in a pragmatic and opportunistic fashion, using any method or technique which they believe will serve their purpose effectively. Image Source: b-i.forbesimg.com ADVERTISEMENTS: Undoubtedly, dictating most pressure…
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7 Exceptional Cases where the Law of Supply does not Operate

Fashion
There are certain exceptional cases, where the law of supply does not operate. They are discussed below: (1) Rare Goods: The law is not applicable in case of rare art pieces of painting. The supply of such things is fixed. Whatever may be price of such commodities, the supply will remain the same. Image Source: investingtrainer.com (2) Labour Market: ADVERTISEMENTS: The law of supply does not hold good sometimes in the labour market. A rise in price of labour (wages) sometimes leads to a fall in amount of labour supplied in the market.The reason is simple. First, with the rise in wages, labourers are now able to earn the same amount of income by working for a smaller number of hours. Secondly, with the rise in general level wages, there…
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24 Multiple Choice Questions (MCQs) with Answers on “Natural Resources” (India)

Construction
1. Kaveri water dispute is in between: (a) India and Pakistan(b) Punjab and Haryana ADVERTISEMENTS: (c) Uttar Pradesh and Madhya Pradesh(d) Karnataka and Tamil Nadu Image Source: sindhu.ece.iisc.ernet.in2. In respect of water crisis, there have been conflicts/disputes between two countries, or states of the same country. Which of the following has never been the case of water conflict? ADVERTISEMENTS: (a) Cauvery water dispute between Tamil Nadu and Karnataka(b) Yamuna-Betwa dispute between U.P. and M.P.(c) Sutlej Yamuna Link (SYL) canal dispute between Punjab and Haryana(d) Jordan, Tigris-Euphrates, and Nile river basins dispute among Jordan, Syria and Israel ADVERTISEMENTS: 3. The method of rainwater harvesting which can be adopted by individual house owners is (a) Construction of recharge trenches(b) On channel storage of water(c) Creation of new water bodies(d) Roof-top rainwater harvesting…
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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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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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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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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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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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Legal Provisions of Section 33 of Code of Civil Procedure 1908, (C.P.C.), India – Judgment and Decree

Construction
The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.Judgment: ADVERTISEMENTS: The Court, after the case has been heard, shall pronounce judgment in open court, either at once, or as soon thereafter as may be practicable, and when the judgment is to be pronounced on some future day, the court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders :Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the…
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