Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
These slides contain the introduction of the Civil Procedure Code and other important Sections, Orders and Rules. Associate and beginners of the law need knowhow about CPC and procedures of the courts.
Code Of Civil Procedure: Res sub-judice & Res Judicata by Mahamud WazedMahamud Wazed (Wazii)
Section – 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res –judicata. Section -10 provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. On the other hand section-11 provides the rule relates to a matter already adjudicated. It bars the trial of a suit or an issue in which the matter directly and substantially in issue has been adjudicated upon in a former suit. Sections 10 and 11 are mandatory.
Complete Notes on Companies Ordinance, Paper LL.B. Part II.
.....................All students are advised to download and Prepare yourself. Shah Muhammad Zarkoon.
University Law College Quetta.
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}ShahMuhammad55
Notes for students of LL.B. Part III, year 2016.
Particular hoping they will have brilliant marks after studying these notes.
Wish you all best of luck. SM ZarKOON.
An introduction to Human Body : Medical Jurisprudence
for students of LL.B. Part III
wish you best of luck for your examinations.
need your prayers: shah Muhammad
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Civil procedure code, 1908 { place of institution of suits }
1. 1
Which Court Do I Sue in? / Place of Institution of Suit:
Introduction:
The suits are filed after looking for geographic division of courts, and to find out an
appropriate court of lowest grade in the area, where either the subject matter situates or the
cause of action occurred.
To find out where to file a suit for recovery of civil rights that has been violated by the
defendant, the following steps are to understood and persuaded:
1. Look at the area of (territorial limits) civil court,
2. Look at the area (territory) where the cause of action occurred.
3. Look at the nature of subject matter { movable, immovable, contractual, family etc)
4. Look at the valuation of subject matter.
5. Look for specified court fee
Relevant Provisions of Civil Procedure:
A) In substantive Part of CPC:
Sections, 6, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 24-A, 25.
the statutes made it very clear that where to file a suit, or in which court one has to file a suit of
civil nature, Part 1 of Civil Procedure Code 1908 , deals with the issue under discussion , with
following important areas of filing a suit :
CIVIL PROCEDURE CODE , 1908, LL.B. PART III
TOPIC: An Introduction to CPC, 26th of Sep,2016
Presented by: SM Zarkoon, Lecturer,
B.Sc. LL.B. LL.M. {Criminology & Law of Evidence}
University Law College Khojjak Road Quetta.
Email: lawyer.21st@yahoo.com Ph.# 081-2843053
2. 2
a) Could in which suit has to be institution :
Section 15 provides that every suit shall be instituted in the Court of lowest grade
competent to try it, {Trial Court} In case if a suit is instituted in a Court of Higher Grade
such court may return the plaint. It is only discretionary on the part of higher court
either to try the suit or to return the plaint for presentation in the court of lowest
grade.
Section 15 is enacted to merely avoid overcrowding in the higher Court but also for the
convenience of the parties and witnesses who may be examined.
As a matter of interpretation: it will be seen that forum can be chosen by the parties on
their options and all objections regarding choosing the forum is to be determined at the
first instance at preliminary stage of a civil trial. {AIR 2004 }
EXPLANATION:
The trial courts starts from level of District Court and then it is extended to the lowest
grade i.e. the civil courts of class-1 , class-2 or class-3, however Section 15 is clearly
stating that every suit of civil nature must have to be instituted in a court of lowest
grade , but if it is filled in the higher grade court i.e. the District Court presided over by a
District Judge, then this matter has to be decided by the parties as raising objection and
be heard by the Court, final decision has to be made by the District Judge whether the
matter has to be tried by him or has to be sent to lowest court of first instance having an
original jurisdiction to deal with that specific matter.
b) Suits to be instituted where subject Matter situate :
This very section deals with when a subject matter is immovable, and a dispute arise in
relevancy to such property, then U/S 16, a suit has to be instituted where such
immovable property is situated.
Section 16 gives account of institution of suit in in relevancy of immovable property in
following conditions.
1. For recovery of immovable property with or without rent or profits.
2. For the partition of immovable property,
3. 3
3. For foreclosure , sale or redemption in the case of a mortgage or charge upon
immovable property,
4. For determination of any other right or interest in immovable property.
5. For compensation of wrong to immovable property.
6. For the recovery of moveable property actually under distraint or attachment.
for all of the above , a suit must have to be instituted in a court in whose jurisdiction
such property is situated.
Application: Section 16 of the Code regulates the institution of suits regarding immovable
property. It lays down that the suit shall be instituted in the Court within the local limits of
whose jurisdiction the property situate. This provision of Civil procedure recognizes a well-
established principle that action against res or property should be brought in the forum where
such res is situate. A could within whose territorial jurisdiction the property is not situate has
no power to deal with and decide the rights or interest in such property.
Immovable Property: Under Section S.3(26) of the General Clauses Act, “ immovable
Property” includes:
a) Land
b) Benefits to arise out of the land
c) Things attached to the earth, or permanently fastened to anything attached
to the earth.
Case law: Land is a sum of total land plus beneifts arising out of the land plus all
things attached to or be acquired as a whole and not piecemeal. {PLD 1976 Lah
1233}
C) Suits for Immovable Property situate within Jurisdiction of different courts:
Section 17 applies only to those cases in which there is on and the same cause of action in
respect immovable property situate within the jurisdiction of different courts. In such a case , a
suit in any court within the local limits of whose jurisdiction any portion disputed property
situates.
4. 4
d) Place of Institution of suit where local limits of jurisdiction of Courts are uncertain:
If the disputed property is situated in area and there is uncertainty about determining
jurisdiction of the court. The plaint could be filed in any court grounded on uncertainty
of jurisdiction, the court at first instance has satisfy itself with such an uncertainty and
after recoding the reasons , may proceed with the case.
e) Suits for Compensation of wrongs to person or movables:
U/S 19, the option has been given to the plaintiff as to file the suit at his discretionary in
the court in whose jurisdiction cause of action occurred or the court in whose
jurisdiction the defendant actually resides or carries on business.
Case Law:
Provisions of S. 19 CPC. Has provided that in suit for compensation of wrong done to
plaintiff or to his movable property, within jurisdiction of one Court and the defendant
resided or carried on business or personally worked for gain within local limits of
jurisdiction of another Court, suit can be instituted at the option of the plaintiff in either
of the said Courts. Said Option of the plaintiff does not arise in the case if cause of
action arose to plaintiff wholly or in part at MR and defendant was also residing at MR.
By transferring case from Court at MD to Court at MR. High Court had not committed
any illegality. [2000 MLD 1693 }
f) Other suits to be instituted where defendants reside or cause of action rises:
S.20 provides that when there is a commercial transaction or a breach of contract in
such case the plaint can be instituted at the option of plaintiff as either to file the plaint
at the court within whose jurisdiction the breach of contract has committed or the Court
in whose jurisdiction the defendant resides or carries on business.
This section further explains that the case can even be logged against an authorized
agent doing business on behalf of the defendant in the territory or area in which the
matter took place.
5. 5
g) Objection to the Jurisdiction:
Any objection as to the Jurisdiction of the Court must have to be raised by the party, at
preliminary phase of the trial before framing of issues, if issues once settled and trail
phase started any such objection would have less weightage and would give tough time
to the litigant having an intention get a relief from court inform of rejection or dismissal
of the suit grounded on wont of jurisdiction.
Further the provision illustrates that such objection must have to be taken at Trial court,
any such objection if once omitted and raised at appellate stage is of no value and shall
not be considered.
h) Power to Transfer Suits which may be instituted in more than one Court:
Proviso of Section. 22 empowers A higher Court to transfer a case , which may be
instituted in any one of several courts at the option of the plaint as dominus litis,
however the defendant may be apply for transfer of suit form any such court to another
court but it will require more substantial grounds that means reliable reasoning fulfilling
the prima facie instance of the defendant and a balance of convenience has to be
established in this way.
Relevant Provisions of CPC:
b) In Procedural Part of CPC:
Order IV Rule 1, Rule 2.
a) Suit to be commenced by Plaint:
Rule. 1 of Order IV, prescribes that Every suit must have to be initiated at the
instance of plaintiff by filing a Plaint in the appropriate Court of lowest instance.
For filling a plaint it is a very essential feature that the plaintiff must have to be an
necessary party, a non-necessary party can not file a plaint in the court.
A necessary party is the one whose interests or rights have been infringed by action
or omission , series of actions or series of omissions , on account of the defendant
towards plaintiff.
6. 6
Requirement for plaint:
Plaint is a written complain filed by an aggrieved party or his counsel or by a legal
representative or by a recognized agent. Plaint is a written presentation of the case
that includes:
a) Reason of filing plaint ( Cause of action)
b) The Intention of plaintiff ( seeking relief or remedy)
Relevant provisions of plaint are prescribed in Order VI and Order VII of civil
procedure Code.
b) Registration of Suits:
Every suit shall be instated by getting it registered into a book kept for the same
purpose and the administration of Civil Court are responsible when receive a plaint ,
must be registered in the prescribed register known as “Register of Civil Suits”
The End