Category: Law

Non-joinder of parties: Where a person who is a necessary party to a suit has not been joined as party to the suit, it is a case of non-joinder. A suit should not be dismissed on the ground of non-joinder.A distinction has to be drawn between the non-joinder of a person who ought to have been joined as the party and the” non-joinder of a person whose joinder is only a matter of convenience or expediency.If the decree cannot be effective without the absent parties, the suit is liable to be dismissed. In cases where the joinder of a person as party is only a matter of convenience, the absent party may be added or the suit may be tried without him. Image Source: i.ytimg.com Misjoinder: ADVERTISEMENTS: Where there are…

The right to possession is a sacred right guaranteed to all law-abiding citizens. When a person is deprived of his possession he is not only entitled to recover possession but also damages for wrongful possession by another.The Code defines mesne profits of property as those profits which the person in wrongful possession of such property actually received or might, with ordinary diligence, have received there from, together with interest thereon, but not profits resulting from Improvements made by the person in wrongful possession. [S. 2 (12)].Essence of claim for mesne profits.—Wrongful possession of the defendant is the very essence of claim for mesne profits. They are awarded to the plaintiff by way of compensation for the period that he was ousted from possession if his suit is decreed. Image Source:…

(a) Return of plaint: Subject to the provisions of R. 10-A, rule 10 of Order 7 provides for the return of a plaint in all cases where a court is unable to entertain it for want of jurisdiction—territorial, pecuniary or other causes. Image Source: qlook.bzIf the court is satisfied that it has no jurisdiction to entertain a suit, it is its duty to give effect to that on its own initiative. To quote rule 10 of Order 7—”The plaint shall, at any stage of the suit, be returned to be presented to the court in which the suit should have been instituted. ADVERTISEMENTS: A court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint under this sub-rule. On returning…

Section 21 of the Limitation Act deals with, the effect of the law of limitation when a new party is substituted or added as a plaintiff or defendant after the suit has been instituted. Clause (1) of section 21 lays down that a suit in which a party is subsequently joined shall be deemed to be instituted as regards him (new party on the date of his joiner).Whether the suit becomes barred as regard him alone or as regards other parties also is a matter which will have to be ascertained with reference to the substantive law relating to the subject of necessary parties to an action and the law relating to limitation of actions contained in the statutes of the country.For instance, if there are already two plaintiffs on…

A. If at the date on which the cause of action raised, thePlaintiff is under no disability or inability then time will natur­ally begin to run against him because there is no reason why the ordinary law should not have full operation. Section 9 of the Limitation Act says that once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop its running. This applies to a person himself as well as to his representative-in-interest after his death.1. A right to sue accrues to P, when he is under no dis­ability; but subsequently he becomes insane. Time runs against P as usual, from the date of accrual of the right and his sub­sequent disability (viz. insanity) is no bar to…

The object of the Limitation Act is to quiet long possession and extinguish State demands. The principle upon which the statutes of limitation are based is that it is to the interest of the state that remedies for violated right should be sought in court without delay. Violated rights and suits based upon them require evidence to establish and substantiate them in a Court of Law.Long delay may obli­terate all evidence and this fact may tend to the prejudice of justice. Lord Plunkett, the Lord Chancellor, is reported to have said, “Time holds in one hand scythe and in other an hour glass; the scythe owes down the evidence of our rights, the hour glass measures the period which renders the evidence superfluous”.Unlimited and perpetual litigation disturbs the peace of…

The Indian Limitation Act deals with the Law of Prescription as well as the Law Limitation. A Law of Prescription prescribes the period at the expiry of which not only the judicial remedy is barred but a substantive right is acquired or extinguished.A Law of Limitation limits the time after which a suit or other proceeding cannot be maintained in a Court of Justice. It simply bars the judicial remedy but it neither affects the extra judicial remedies nor the substantive right itself.Prescription is the acquisition of Title by possession of property for the prescribed period provided that possession was neither forcible nor clandestine (hidden), nor permissive. Such possession acquires its title chiefly on account of the fact that those who had interest in the property have allowed their rights…

A. The statutes of Limitation (it has been said) are statutes of repose; and of late years the desire has been general; both on the part of the legal profession and on the part of the public, to abridge the length of the time during which actions may be commenced, and there can be little (if any) doubt that the policy of the statutes of Limitation is good, and is one to be encouraged. They are such legislative enactments as prescribe the periods within which actions may be brought upon certain claims, or within which certain rights may be enforced.The law of limitation is founded on public policy, its aim being to secure the quiet of the community, to suppress fraud and perjury, to quicken diligence and to prevent oppression.…

Section 149 of the Code lays down that if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly know to be likely to be committed in prosecution of the object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. Image Source: shaktivahini.files.The ingredients of this section are the commission of an offence by any member of an unlawful assem­bly and such offence must have been committed in prosecution of the common object of the assembly, or must be such as the members of the assembly knew to be likely to be committed.The object of the section…

Section 191 lays down that who­ever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Image Source: cdn.shareyouressays.comThe ingredients of the offence giving false evidence are: (1) a person must be legally bound (a) by an oath or any express provision of law to state the truth; or (b) to make a declaration up on any subject; (2) he must make a false statement; (3) he must know or believe it to be false; or (4) not believe it to be…