Category: Politics & Government

Section 26 of C.P.C. stipulates that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.Order VII: Rule 1, prescribes the essentials or particulars of the plaint Image Source: risk.net ADVERTISEMENTS: A plaint is a statement of claim, a document by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the Court is sought by the plaintiff.The essentials or particulars of plaint are (Order VII: Rule 1)(a) The name of the plaintiff,(b) The name, description and place of residence of the plaintiff, ADVERTISEMENTS: (c) The name, description and place of residence of the defendant,(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a…

For the purposes of computation of period of limitation for the purposes of Limitation Act, is explained under Sections 12 to 15 of Limitation Act, 1963.Exclusion of time in legal proceedings [Sec. 12(1)]:In computing the period of limitation for any (a) suit, (b) appeal, or (c) an application; the day from which such period is to be reckoned shall be excluded. Image Source: 4.bp.blogspot.com ADVERTISEMENTS: Example:if a suit is to be filed for recovering of money on a promissory note, dated 01-2-1989, the limitation ends on 1-2-92, here the day on which the promissory note was executed excluded as per Sec. 12(1) i.e., 1-2-89.Clause explains two aspects namely: ADVERTISEMENTS: 1. exclusion of date of judgement, in case of appeal or an application for leave to appeal or for revision or…

One of the modes of executing decrees is arrest and detention in civil prison of the Judgement-debtor. Sees. 55 to 59 and Rules 37 to 41 of Order 21 deal with arrest and detention of the judgement-debtor in civil prison. Procedure: A judgement-debtor may be arrested at any time and on any day in execution of a decree. After his arrest, he must be brought before the Court as soon as practicable. Image Source: orig05.deviantart.net ADVERTISEMENTS: For the purpose of making arrest, no dwelling house may be entered after sunset or before sunrise. Further, no outer door of a dwelling house may be broken open unless such dwelling house is in the accompany of the judgment-debtor and he refuses to prevents access thereto.Again, where the room is in the actual…

Section 26 of C.P.C. stipulates that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.Order VII: Rule 1, prescribes the essentials or particulars of the plaintA plaint is a statement of claim, a document by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the Court is sought by the plaintiff. ADVERTISEMENTS: The essentials or particulars of plaint are (Order VII: Rule 1) Image Source: mindtransformingblog.files.wordpress.com(a) The name of the plaintiff,(b) The name, description and place of residence of the plaintiff, ADVERTISEMENTS: (c) The name, description and place of residence of the defendant,(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a…

The Doctrine of Res-judicata is based on the following three maxims:1. Nemo Debet Lis Vexari Pro Una Et Eaden Causa – No man should be vexed twice over for the same cause;2. Interest Republicate Ut Sit Finis Litium- It is in the interest of the State that there should be an end to a litigation; and Image Source: i.ytimg.com ADVERTISEMENTS: 3. Res Judicata Pro Veritate Occipitur – A judicial decision must be accepted as correct.The doctrine of Res Judicata has been explained in the simplest possible manner by Das Gupta, J., in the case of Satyadhyan vs. Smt. Deorajin Debi in the following words:The principle of Res Judicata is based on the need of giving finality to judicial decisions. What it says is that once a res is judicata, it…

Attachment of Property: Attachment of property of the judgement-debtor is one of the steps taken by the decree holder for satisfaction of his decree. The underlying object of the attachment of the property is to give notice to the judgement-debtor not to alienate his property and also serves as notice to general public not to purchase or deal with the property.Further, judgement-debtor is given an opportunity to raise funds to satisfy the decree and avoid sale of his property. Image Source: innovategov.org ADVERTISEMENTS: The Sections 60 to 64 and Order 21, Rules 41 to 59 of C.P.C. deal with the subject of attachment. Property that can be attached: Sec. 60 – Properties liable to attachment and sale in execution of decree.1. The following properties are liable to attachment and sale…

The following are three exceptions to the general rule that a person tried and convicted or acquitted of an offence cannot be tried again for the same offence.(i) As per sub-section (2) of Section 300 of the Code, a person acquitted or convicted of any offence may be afterwards tried with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of Section 220 of the Code. Section 300(2) of the Code applies only when both complaints relate to same offence. The expression ‘distinct offence’ means an offence entirely unconnected with a former offence charged. Image Source: ooneytunes09.files.wordpress.com ADVERTISEMENTS: Illustrations:(a) A is charged by a Magistrate of the second class with, and…

The 10 Most Important Salient Features of the Probation of Offenders Act, 1958 are listed below:(1) The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by rehabilitate in society and to prevent the conversion of youthful offenders into obdurate criminals under environmental influence by keeping them in jails along with hardened criminals. Image Source: i.ytimg.com ADVERTISEMENTS: (2) It aims to release first offenders, after due admonition or warning with advice who are alleged to have committed an offence punishable under Sections 379, 380, 381, 404 or Section 420 of the Indian Penal Code and also in case of any offence punishable with imprisonment for not more than two years, or with fine, or with both.(3) This Act empowers the Court to release certain offenders on probation…

Essay on the Child’s Right Act for school and college students !However, realising the gravity of the offences relating to sexual abuse of children, the Central Government has brought a comprehensive Legislation called. The Commissions for Protection of Child Rights Act, 2006 which came into force on 20th January, 2306. The Act provides for the constitution of a National Commission and State Commissions for protection of child rights and Children’s Courts for providing speedy trial for offences against children or of violation of child rights and for matters connected therewith or incidental thereto. image source: shaishavchildrights.files.wordpress.com ADVERTISEMENTS: Section 13(1) (d) of this Act casts a duty upon the Commission to examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic…

Section 475 of the Code of Criminal Procedure empowers the Central Government to make rules as regards cases in which persons subject to military, naval or air force law are to be tried by a Court to which the Code applies or by a Court-martial. Image Source: kilbowiepark.co.ukSuch rules must, however, be consistent with the Code and with the Army Act, 1950, the Navy Act, 1957, the Air Force Act, 1959, and any other law relating to the Armed Forces of the Union. ADVERTISEMENTS: Whenever any person is brought before a Magistrate and charged with an offence for which he is liable to be tried, either by a Court to which the Code applies or by a Court-martial, the Magistrate must have due regard to such rules, and in proper…