Category: Law

The principle of the doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the suit who received an unjust benefit of the erroneous decree to make restitution to the other party for what he has lost.In Ganesh Pershad vs. Adi Hindu Social Service League, the High Court of A.P. declared that the following conditions must be satisfied namely: Image Source: oneclimbs.com ADVERTISEMENTS: 1. The restitution sought must be in respect of the decree or order which had been reversed or varied;2. The party applying for restitution must be entitled to benefit under the reversing decree or order; and3. The relief claimed must be properly consequential on the reversal or variation of the decree or order.In Banchhanidhi vs. Bhanu Sahoni…

Suit for Account against ‘Karta’ of a Joint Family.Plaint:1. The plaintiff and the defendant are brothers. They are members of a Joint Hindu Family. The plaintiff was a minor aged about 14 years when his father died on Image Source: img0.etsystatic.com ADVERTISEMENTS: unqualified, or an admission qualified by a condition which is fulfilled. An unqualified admission and an admission qualified by a condition which is fulfilled stand precisely upon the same footing, and both within Section 18.Ingredients of Section 18 and essentials of a valid acknowledgement-To constitute a valid acknowledgement and thus to give a fresh period of limitation under this section, the following conditions must be satisfied- ADVERTISEMENTS: 2. The acknowledgement must have been made by the party against whom the right is then claimed or by any person…

Differences between ‘Order’ and ‘Decree’ are as follows: Order (Sec. 2(14)): ‘Order’ means the formal expression of any decision of Civil Court which is not a decree. Thus, the adjudication of a Court which is not a decree is an order. Image Source: fvbylaw.ca Decree (Sec. 2(2)): ‘Decree’ means the formal expression of an adjudicator 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. ADVERTISEMENTS: Following decisions are decrees :-(i) Order of abatement of suit, (ii) Dismissal of appeal as time barred.Following decisions are not decrees: (i) Dismissal of appeal for default, (ii) order of remand. Fundamental Difference between Order and Decree:…

1. Definition/meaning: Sec. 26, Order 6 of C.P.C. deals with pleadings. Pleadings of plaintiff are found in the plaint. Pleadings of defendant are found in the written statement. Image Source: s3.amazonaws.com 2. Object of Pleadings: The whole object of pleadings is to bring parties to definite issues. ADVERTISEMENTS: In Ganesh Trading Co. vs. Moji Ram, the Supreme Court held that to determine what is really at issue between the parties and to prevent deviations from the course; which litigation on a particular cause of action must take. 3. General rules of pleadings: (a) Pleadings should state fact and not law;(b) The facts stated must be material facts;(c) Pleadings should not state the evidence; ADVERTISEMENTS: (d) The facts should be stated in a concise form. (a) State fact and not 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…

‘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…

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…

Essay for kids on the Effects of Air on Animals !The atmospheric composition is not always the most important factor to organism; rather, it is the partial pressure of a gas, especially oxygen and CO2, which influences the existence of life, as illustrated by altitudinal studies on organisms. image source: vcapcd.org ADVERTISEMENTS: The partial pressure of a gas is the product of the total barometric pressure times the concentration of gas in dry air. For every 18,000 ft., the barometric pressure is reduced by half, but the composition of air is essentially unchanged.To illustrate this effect on animals, the following critical altitudes have been identified for most humans; above 10,000 ft., oxygen must be added to inspired air; at 35,000 ft., 100 per cent oxygen must be inhaled; and at…

The Hindu Succession Act, 1956 has abrogated the law relating to Stridhan which existed prior to the incorporation of Section 14 in the Act. Section 14 provided that every property which was in possession of a Hindu female at the time of the enforcement of the Act, whether acquired prior to or subsequent to the Act, became her absolute property. Image Source: upload.wikimedia.orgThe old law relating to the order of succession to such property has been done away with and a new order of succession has been introduced in its place, which included females as well. A uniform law relating to various categories of heirs has been contained in Section 15 of the Act. ADVERTISEMENTS: Since every property validly in her possession became her stridhan, a full uniform law of…

Sections 113 and 114 of C.P.C. deals with the topics of reference and review. A. Reference: Section 113 of the Code empowers a Subordinate Court to state a case and refer the same for the opinion of the High Court. Such opinion can be sought when the Court itself feels some doubt about a question of law. The High Court may make such order thereon as it thinks fit.The right of reference, however, is subject to the conditions prescribed by Order 46, Rule 1 and unless they are fulfilled, the High Court cannot entertain a reference from a Subordinate Court. Image Source: laraeyglo.blog.is ADVERTISEMENTS: A Subordinate Court can make reference to High Court on the following grounds:(i) There must be a pending suit or appeal in which the decree is…