Category: Essays

An ex parte decree is a decree passed in the absence of the defendant where the plaintiff appears and the defendant does not appear when the suit is called on the hearing. If it is proved that the summons was duly served, the court may make an order that the suit be heard ex parte.The court shall then proceed to take and determine on evidence, and pass a decree in favour of the plaintiff if a prima facie case is made out by him. [O. 9 R. 6 (a)]. An ex parte decree may be passed either at the first hearing or at an adjourned hearing. Setting aside ex parte decree: In order to have an ex parte decree set aside the defendant must apply to the court by which…

The difference between legal and equitable set-off may now be noted.1. In a legal set-off the amount claimed must be an ascertained sum of money, but in an equitable set-off the claim may be allowed even with respect to an unascertained sum of money.2. In a legal set-off the court is bound to entertain and adjudicate upon the plea when raised. In the case of an equitable set-off, however, it is not obligatory on the court to adjudicate upon it and the defendant cannot claim it as a matter of right. The court has the discretion to refuse to take notice of the equitable set-off if the investigation into the equitable claim is likely to result in delay. Image Source: kcdee.org ADVERTISEMENTS: 3. In a legal set-off it is not…

Before noticing the difference between counter-claim and set-off we must understand the counter-claim itself. If the defendant in an action has a claim against the plaintiff, which he might have asserted by bringing a separate action he may raise it in the existing action as a counter-claim by adding to his statement of defence a statement of the fact on which he bases his claim, and of the relief which he claims against the plaintiff, either alone, or Jointly with others.In view of the amendments to the Code of Civil Procedure by Act No. 104 of 1976 a counter-claim is competent and the defendant, when he seeks to rely upon any ground as supporting a right of counter-claim, shall in his written statement, state specifically that he does so by…

Definition: Section 2 (2) of the Code defines a decree as follows:“Decree” means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 114, but shall not include—(a) Any adjudication from which an appeal lies as an appeal from an order, or Image Source: img09.deviantart.net ADVERTISEMENTS: (b) Any order of dismissal for default. Explanation: A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such…

Every order, which is not a decree, is not appealable. Only those orders which are specified in Section 104 and Order 43, rule 1, are appealable. They are as under:Section 101: An appeal shall lie from the following orders and from no other orders:(a) An order under Section 35-1, i.e., in a case where compensatory costs in a respect of false or vexatious claims or defense have been awarded; Image Source: yourvalleynews.co ADVERTISEMENTS: (b) An order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or Section 92, as the case may be;(c) An order under Section 95, i.e., in a case where compensation for obtaining arrest, attachment or injunction on insufficient ground has been awarded.(d) An order under…

A letter of resignation conveys the employee’s inability to continue serving the organization where he/she is employed. The employee may be resigning for any reason such as getting a better job, or pursuing higher studies, or reasons of relocation or personal reasons.In doing so, the employee has to duly inform the organization by writing a resignation letter. Leaving without intimation is undesirable as it amounts to abandonment of service.If the organization decides to discontinue or terminate the services of an employee, it does so by due intimation in writing. So also, the employee has to inform in writing his/her intention to resign. Image Source: file3.answcdn.com ADVERTISEMENTS: A letter of resignation should cover the following:i. Inform the departmental head/HR manager that you have decided to resign and would be putting in…

Negotiation is widely recognized to be a four-step process. These are preparation, opening, bargaining and closing. 1. Preparation: The first stage in a negotiation process relates to planning and preparation. It is the stage where the parties decide what they want, what are their minimum expectations, how much they will yield and how they will go about the negotiations. Image Source: professional-translations.eu ADVERTISEMENTS: Each party will also try to visualize what the other party will be expecting from the negotiation. Preparations for the negotiations would consist of collecting relevant information, obtaining the required authority and outer limits, having intense discussions and collecting details of the previous negotiations on similar issues.As we have noted earlier, a well-informed and a well-prepared party enters the negotiation process with a high level of confidence.…

The principle on which the rule of acknowledgement as enunciated in section 18 of the Limitation Act is based is that the bar of limitation should not be allowed to operate in cases in which the existence of claim is acknowledged by person who are under the liability; every acknowledgement affords a new proof of existence of the debt.So the rules of limitation which are party based upon the tendency of evidence to disappear would not be allowed to obscure the essential justice of a case which is that the defendant having obtained an advantage to which he is not entitled should be compelled to pay it back.Thus it is clear that the period of limitation is no enlarged under this section but fresh period begins to run from the…

Section 19 of the Limitation Act deals with the effect of payment on account of debt or interest on legacy. It enacts that (1) if payment is made on account of debt or interest on legacy, (2) before the expiration of the prescribed period (3) by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the date of payment.It further provides that except in the case of payment of interest made before 1st January, 1928, the acknowledgement of payment should appear in the handwriting of, or in a writing signed by the person making the payment.It is the payment which really extends the period of limitation under section 19: but the payment…

A consideration of the terms of Section 18 of the Limita­tion Act shows that the essential requisites of a valid acknowledg­ment are the following:1. Acknowledgment must be made before the expiration of the period of limitation: ADVERTISEMENTS: In other words the acknowledgment must be made after the period of limitation has begun to run and while it is actually running. The expression “period prescribed” does not refer exclusively to the period prescribed by the first schedule to the Limitation Act.The expression will include any period prescribed by the Act, whether in the body of the Act or in the first schedule. Thus, an acknowledgment may be made before the expiry of the period of limitation as extended by the operation of section 14 of the Limitation Act. [See Kamla Prasad…