The law can sometimes feel like an impenetrable forest, but within its dense foliage, the doctrine of torts stands as a testament to our evolving societal interactions and the justice system’s endeavours to redress harms. Let’s embark on a comprehensive journey through this compelling area of civil law. Understanding Tort: More Than Just a Civil […]
CPC (Code of Civil Procedure, 1908)
The Code of Civil Procedure, commonly referred to as the CPC, formulated in 1908, is a pivotal legal framework that provides the procedural foundation for civil litigation in India. It delineates the processes and procedures to be followed by civil courts and officers, ensuring uniformity and consistency in the adjudication of civil rights and obligations. While the Indian Penal Code (IPC) deals with criminal offenses and the Code of Criminal Procedure (CrPC) provides the procedural pathway for criminal cases, the CPC carves out the roadmap for civil matters. From the institution of suits, issuance of summons, to the execution of decrees and orders, it covers every facet of civil procedure. Within its vast expanse, one finds Order and Rules, catering to diverse aspects like pleadings, discovery, injunctions, and appeals. This category endeavors to unravel the intricate tapestry of the CPC, exploring its myriad provisions, seminal judgments that have shaped its interpretation, and its indispensable role in the realm of civil jurisprudence. It’s a reservoir of knowledge for lawyers, law students, academicians, and anyone intrigued by the procedural dance of civil law in India.
Understanding Injunctions in Legal Context In India, an injunction is a legal remedy available to parties who wish to prevent the other party from carrying out a certain action or behavior. Injunctions can be granted in a variety of situations, such as in cases of intellectual property infringement, breach of contract, or defamation. An injunction
In the Indian legal system, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order in both civil and criminal law. Understanding legal remedies in Indian law, such as Review, Revision, and Appeal, is crucial for effectively navigating through the complexities of both civil and criminal proceedings.
Section 114 (Review) of The Code Of Civil Procedure, 1908 Subject as aforesaid, any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed by this
Overview of Execution Petition Let us first understand the word “execution”. Execution is defined as the process where the implementation of the order or judgement passed by the court of justice. As the word execution petition itself clarifies its meaning and can be used whenever a decree is passed in any case and the process
Written by: Advocate Kirti Sharma & Runjhun Sharma Transfer Petition – Procedure, How to file? | How to Transfer Case? | Lawyer for Transfer Petition Transfer Petition As per the laws in India, the parties of the suit/ appeal may have right to file the petition through their lawyer to transfer the suit from one
Introduction Understanding the legal pathways available in civil law is imperative for individuals and entities looking to enforce or defend their rights. One such avenue is through filing a Suit for Declaration. This article delves into what a Suit for Declaration entails, the different types of declarations in civil law, the process of filing such
Order 37 of Civil Procedure Code, 1908 (Fast Track Procedure for Money/Payment Recovery): Rule 1 Order XXXVII of Code of Civil Procedure 1908 “Court and classes of suits to which the Order is to apply” (1) This Order shall apply to the following Courts, namely :- (a) High Courts, City Civil Courts and Courts of