Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
Lecturer,
University Law College Quetta Khojjak Road Quetta
Cantt
The civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant. The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:
a) Pre-trial stage
b) Trial stage
c) Post Trial stage
Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
Lecturer,
University Law College Quetta Khojjak Road Quetta
Cantt
The civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant. The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:
a) Pre-trial stage
b) Trial stage
c) Post Trial stage
A law practitioner should know the following matter; What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? Law should be read repeatedly. How to apply the law? And in order to practice the civil matter, a law practitioner should go through the following laws:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
3. Civil Suits Instruction Manual.
4. The Civil Court Act.
5. The Court Fees Act.
6. The Suit Valuation Act.
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.
a) Order 29 of the Rules of Court 2012;
b) Mareva Injunction by Roger Tan Kor Mee [1989] 2 CLJ 764;
SPECIFIC RELIEF ACT
MANDATORY INJUNCTION
INTERIM/ INTERLOCUTORY MANDATORY INJUNCTION
INJUNCTION – FINAL AND INTERLOCUTORY
INTERLOCUTORY INJUNCTION
Undertaking as to Damages
anton Piller Order
Erinford Order
Given PPT will be very informative and will give new information regarding FIR and PLAINT. FIR is First Information Report and plaint is a legal document which contains the written statement of the plaintiff's claim.
This presentation meets the Code of Civil Procedure in Bangladesh. It designs for the student or teacher or upcoming lawyers who want to know how a civil suit starts and what are the procedure to end i.e. the steps from the first to the end.
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
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FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
PPT on "Decree", under Code of Civil Procedure (CPC).NamanRaj074
this ppt is made on the topic of decree given under CPC . it includes essentials of decree, its kinds , deemed decree etc. It also includes difference between decree , order and judgement.
A law practitioner should know the following matter; What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? Law should be read repeatedly. How to apply the law? And in order to practice the civil matter, a law practitioner should go through the following laws:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
3. Civil Suits Instruction Manual.
4. The Civil Court Act.
5. The Court Fees Act.
6. The Suit Valuation Act.
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.
a) Order 29 of the Rules of Court 2012;
b) Mareva Injunction by Roger Tan Kor Mee [1989] 2 CLJ 764;
SPECIFIC RELIEF ACT
MANDATORY INJUNCTION
INTERIM/ INTERLOCUTORY MANDATORY INJUNCTION
INJUNCTION – FINAL AND INTERLOCUTORY
INTERLOCUTORY INJUNCTION
Undertaking as to Damages
anton Piller Order
Erinford Order
Given PPT will be very informative and will give new information regarding FIR and PLAINT. FIR is First Information Report and plaint is a legal document which contains the written statement of the plaintiff's claim.
This presentation meets the Code of Civil Procedure in Bangladesh. It designs for the student or teacher or upcoming lawyers who want to know how a civil suit starts and what are the procedure to end i.e. the steps from the first to the end.
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
PPT on "Decree", under Code of Civil Procedure (CPC).NamanRaj074
this ppt is made on the topic of decree given under CPC . it includes essentials of decree, its kinds , deemed decree etc. It also includes difference between decree , order and judgement.
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
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THE JUSTICE PROCESS IN RERA SECTION 31, 43(5), 58 AND ARTICLE 32,136 226 OF T...CA. (Dr.) Rajkumar Adukia
since every legislation aims at Justice making available the access and means of justice, the article unfolds the remedies available to the key players under rera being the allottees, real estate agent and real estate developers
THE DIVORCE TRIALKEY TERMSAppealBench trialBurea.docxcherry686017
THE DIVORCE TRIAL
KEY TERMS
Appeal
Bench trial
Bureau of Vital Statistics form
Claim for relief
Contested hearing
Custody affidavit
Default trial
Dissolve
Divorce trial
Document
Final argument
Financial disclosure affidavit
Habeas corpus
Judgment
Judicial pretrial
Merger
Military affidavit
Pretrial conference
Stipulation
Testimony
Theory of the case
Transcript
Trial notebook
Unconscionable
Uncontested hearing
Wage execution
The discovery process is now complete. The discovery material has been an-alyzed. The witnesses have been identified. The custody evaluation hasbeen prepared. The parties have either reached an agreement or have iden-
tified areas of disagreement. The parties are now ready to proceed to the next
step—the ddiivvoorrccee ttrriiaall,, the process in which both parties present their case to the
court for its final hearing. Divorce trials are for the most part bbeenncchh ttrriiaallss,, which
means that the trial is conducted before a judge, not a jury. In some jurisdictions
like New York and Texas, the parties can demand a jury trial in divorce cases. In a
14C H A P T E R
334 CHAPTER 14
bench trial the judge is both the trier of fact and law. The family court judge is
knowledgeable in the area of domestic relations and his role is to apply the law,
which includes statutory and case law, to the particular facts in the case before him
and render a decision that is fair to both parties.
Divorce trials are open to the public so anyone can sit in and observe the case.
Courtrooms may be sealed upon motion of the parties to protect children of the
marriage when the trial issues are of a particularly sensitive nature. Divorce files
are also open to the public and may be viewed in local courthouses at the clerk’s
office.
Divorce trials are either uncontested or contested. Whether the case is con-
tested or uncontested, the paralegal must send a formal notice to the court indi-
cating that the case is ready for the trial list. (See Exhibit 14–1.)
UNCONTESTED HEARING
In an uunnccoonntteesstteedd hheeaarriinngg,, the parties have either reached an agreement re-
garding the issues surrounding the dissolution of their marriage (i.e., alimony,
property division, child custody and support, attorney’s fees) or one party is de-
faulted for failure to appear. A ddeeffaauulltt ttrriiaall takes place when one of the parties
to an action has failed to appear at the scheduled trial date even though she has
received proper notice of the proceedings. In this case, the court will proceed with
a default hearing and sever the marriage. It is important that the respondent/
FFIIGGUURREE 1144––11
Divorce trials are
generally bench trials,
in which there is no
jury. The judge acts as
both the trier of fact
and law.
THE DIVORCE TRIAL 335
defendant file a cross-complaint so in the event the petitioner/plaintiff does not
appear, the court can proceed on the respondent/defendant’s cross-complaint.
Most divorce cases ...
A seasoned litigator, Mario uses his diverse background and a long track record of successfully representing individuals and businesses throughout NY State and around the country. He is applying that experience with his law practice and ESG Strategies, a consulting business he co-founded that assists business assess, plan and implement groundbreaking and vanguard Environmental, Social and Governance principles.
ACC 150THE LEGAL ENVIRONMENT OF BUSINESSWith Doreen .docxbartholomeocoombs
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 2
*
THE COURT SYSTEM AND DISPUTE RESOLUTION OVERVIEWThe Court SystemFederal and state courtsThe Court ProcedureThe procedural steps for a lawsuit when the case goes to trial.Alternative Dispute ResolutionWhen parties resolve a dispute using alternative methods of resolution (don’t go to trial).
THE COURT SYSTEM
What is a court? Tribunal established by law to:
Hear and decide matters brought before it,
Provide remedies (this would include monetary damages and equitable relief) when wrongs have been committed, and
Prevent possible future wrongs.
Courts award money damages and provide equitable relief.
*
THE COURT SYSTEMJurisdictionCourt’s power to hear a court case; the power to act over a particular defendant. Subject matter jurisdiction Jurisdiction over the subject matter of a case. For example, the Federal Bankruptcy Court cannot hear a divorce case.General jurisdictionCourt that can hear most controversiesLimited jurisdictionCourt that can hear only a particular type of case. Such as the Federal Bankruptcy Court can only hear bankruptcy cases.
Chapter Two
THE COURT SYSTEMPersonal jurisdiction (not covered in textbook but should be covered)This is the power of a court over a particular person (second part of jurisdiction definition).Example: You had a car accident with a Mr. Jones who lives in California. The car accident happened in Pennsylvania and you are a resident of Pennsylvania. You have never been to California. Mr. Jones sues you in California. The California court would lack personal jurisdiction over you.
COURT SYSTEMThe courts in the United States are organized into the state and federal court systems, each (generally) with three levels: trial courts (has original jurisdiction).appellate courts.a supreme court.Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision.Appellate jurisdiction reviews the work of a lower court. No trials occur in an appellate court. This court determines whether the judgment of a lower court was correct.
Chapter Two
*
THE FEDERAL COURTS
Chapter Two
United States
Supreme Court
United States Court
Of Appeals
United States
District Court
The U.S. District Court is the trial court in Pennsylvania we have 3 Courts.—the local one is the U.S. District Ct. for the Eastern District of PA
The U.S. Ct. of Appeals is the first appellate court. Pennsylvania is in the 3rd Circuit.
The U.S. Supreme Court is the final appellate court.
PENNSYLVANIA COURTS
Chapter Two
*The Commonwealth Court only hears appeals relating to local or
state government. The Superior Court hears all other appeals.
**De Novo –means over again. In this situation, you can appeal a district justice case and have the entire case tried over again.
Supreme Court of Pennsylvania
Commonwealth Court*
Superior Court
Court of Common Pleas–
Tria.
DRAFTING PLEADING AND CONVEYANCING THIS FILE IS GOOD AND EXCELLENT OPPORTUNITY AND THE PRACTICAL FILE THIS FILE MAY BE USE IN LL.B 5 SEM 6 PAPER AND THE FILE QUALITY IS VERY GOOD
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 .
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.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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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)
2. Civil procedure is the body of law that sets out
the rule & standards that court follows when
executing civil law suits.
These rule governs how a law suits or case may
be commenced what kind of service or process
is required & orders allowed in civil cases.
3. 1. Filing of suit and its requirement
2. Notice to the defendant
3. Filing of defense
4. Date of presence
5. Power of attorney
6. Court’s order ( Inter- locatory, interim and final)
7. Collection of evidence
8. Statement of Purpose and witness
9. Postponement
10. Compromise of case
11. Judgment
4. Generic term for any filing of a complaint aski
ng for legal redress by
judicial action, often called a "lawsuit
A suit is an important organ of the case
It is any proceeding by a party against other in
court of law.
A lawsuit begin when the complain is filed.
5. Name, surname; address of Plaintiff.
Name,(father name, surname, if possible
VDC/Municipality telephone no, etc. of defendant)
Name of the court
The detail and situation of case.
The fact constituting the cause of action and when it
arose.
Relevant evidences.
The Procedural law matters which Proceedings shall
take place.
This shall be done according to schedule 4 of District
court Regulation,2052
6. In civil case according to section 93 of CCMCC,
the notice should be given to defendant.
The format of the notice should be according to
section 10 of CCMCC.
Then there will be time limit of 30 days.
7. Defendant should be presented within the time
table.
He should file a statement of defence according to
section 128 of CCMCC.
The unnecessary content in the statement of
defence shall not be entertained.
SOD should contain
detail information of plaintiff,
facts in detail which is charged to him by plaintiff,
Witness of related evidence
At last there should be conclusion i.e. he should be free
from the blame made by plaintiff.
8. A suit after SOD(Statement of defence) is
filled in court.
Court examine the complain.
Court tries to similarize the facts & conclude.
Both parties can agree or may not be
if they don’t agree court fixed the judgement
date & conclude the result based on evidence
9. A written document in which one person
(the principal) appoints another person to
act as an agent on his or her behalf, thus
conferring authority on the agent to
perform certain acts or functions on behalf
of the principal.
The authority is given to another in case of
principal absence.
Eg: To convey land, Receive debts, Sue, etc.
10. It is the final order given by court/ judge.
Types of order/decision:
Inter-locutary order
Interim order
Final order
11. Inter-locutary order is temporary order based on
related laws & bylaws. It has no effect on final
decision but may affect to conclude it.
Interim order refers to an order issued by courts
during the pendency of litigation. It is also not a
final order but can hold the procedure until final
decision is made.
Final order are those decision or judgement for the
termination of case. It can make win or loss to the
parties & it is final judgement to punish also.
12. •Related with law of evidence 2031
•Defendant must submit original evidence
•The purpose of the rules of evidence is
ultimately to be fair to both parties
13. purpose of the witness statement is to provide
written evidence to support a party's case that
will, if necessary, be used as evidence in court.
14. Section 12 of CCMCC has made legal provision
about postponement of the case
The court will not conduct the postponement
hearing unless all parties to the matter and/or
all counsel whose appearances are entered in
the case are present.
15. Compromise is the resolution of dispute by mutual agreement to
avoid lawsuit, public policy favors the settlement of disputes to
avoid lawsuit.
Parties to conflict that might otherwise end up in court are
encouraged to resolve those conflicts by mutual agreement
through their attorneys, through mediators or even on their own.
The terms of compromise or settlement do not necessarily need to
be equal.
A settlement/compromise is considered as binding and the court
views it as final and conclusive until and unless there is evidence
of bad faith or fraud.
It can be any form; verbal or written unless specified by court rule,
or any terms set by parties.
After making compromise in the case, there is no provision of
appeal against such compromise. It means compromise is final.
16. Defined as sentence or order of the court in a civil or criminal
proceedings.
Is the statement given by the judge on the ground of order.
It may be provided in either written or oral form depending upon
the circumstances.
After the fulfillment of all types of procedure related with
respective dispute, a decision is rendered and based on it,
judgement is made which may be either win or loss for either
parties.
It is the final part of court case. A valid judgment resolves all
debated issues and termination of lawsuit.