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.
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 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.
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 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.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
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 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
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
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
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.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
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 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
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
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
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.
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 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
In this ppt you will get all the information regarding Plaint. I tried to summaries this important topic within 10 slides. I hope you will find this informative and helpful. If something i forgot to be mentioned in slides or something you no more than that please let me know so i can also learn from you guys.
Thank you!
Cpc learning module 4 appearance, examination and trialDr. Vikas Khakare
This contains provisions as to appearance of parties before court, effects of appearance, non appearance, adjournment, examination by court, issue of commission, arrest before judgment, attachment before judgment, appointment of receiver, interest and cost.
Action to Recover Solicitor's Fees - Locus Standi and Privity Hurdle: The cas...Acas Media
Under Nigerian law, one who practices a profession and renders his professional services to another at his request is entitled to receive remuneration or professional fees from the beneficiary of such services unless he voluntarily waives the payment . In the case of a legal practitioner, one of the options open to recover fees or costs due to him in his professional capacity is a right of action in court to recover such fees .
Attachment Trustee Process & ExecutionMikeProsser
Slideshow from presentation to District Court Clerk-Magistrates and Asst. Clerk-Magistrates intended to promote understanding of the topics from both an "in court" and "out of court" perspective.
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PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
Code of civil procedure 1986 supplemental proceedingDr. Vikas Khakare
It contains provisions under Code of Civil Procedure regarding supplemental proceeding like Arrest before judgment; Arrest before judgment; Temporary injunction and Appointment of receiver.
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 contains provision under Constitution of India for constitutional remedies which is provided under Article 32. It explains writ of Hebeas Corpus, Mandamus, Certiorary, and Prohibition.
Constitution of india directive principles of state policy and fundamental d...Dr. Vikas Khakare
This contains Directive Principles of State Policy under the Constitution of India. The relation between directive principle of State policy and fundamental rights. It also contains fundamental duties in the Constitution of India.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
this contains provisions as to execution of decree and orders, provisions for execution of different orders, modes of execution by detention, arrest and attachment.
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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Ethnobotany and Ethnopharmacology:
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Impact of Ethnobotany in traditional medicine,
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Reverse Pharmacology.
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Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptx
Code of civil procedure 1908 pleading plaint written statement
1. Dr. Khakare Vikas
Code of Civil Procedure 1908
PLEADING [Order VI]
plaint,ws [Order VII, VIII]
Dr. Khakare Vikas
Asso. Prof.
Narayanrao Chavan Law College, Nanded, India
2. Dr. Khakare Vikas
Pleading
• Pleading means, the formal statement of cause of action or defence.
Civil Procedure Code defined pleading as ‘pleading means plaint and
written statement’.[ Order VI, Rule 1]
3. Dr. Khakare Vikas
Object
• Object of pleading is as under:
i. To give information to both sides as to the case. Both parties are
entitled to know case against them.
ii. To bring parties to definite issues.
iii. To avoid unnecessary pleadings and thereby reduce time of
litigation and expenses.
4. Dr. Khakare Vikas
Rules of pleading
1. Pleading to state material facts and not evidence. Every pleading
shall contain, and contain only a statement in a concise form of the
material facts on which the party pleading relies for his claim or
defence as the case may be, but not the evidence by which they are to
be proved. [O.VI R.2]
2. Every pleading shall, when necessary, be divided into paragraphs,
numbered consecutively, each allegation being, so far as is convenient,
contained in a separate paragraph.[O.VI R.2]
3. Dates, sums and numbers shall be expressed in a pleading in figures
as well as in words. [O.VI, R.2]
5. Dr. Khakare Vikas
---
4. In all cases in which the party pleading relies on any misrepresentation,
fraud, breach of trust, wilful default, or undue influence, and in all other
cases in which particulars may be necessary beyond such as are exemplified
in the forms aforesaid, particulars (with dates and items if necessary) shall be
stated in the pleading. [O.VI, R.4]
5. If there is any condition precedent which plaintiff or defendant wants to
be contested must be distinctly specified in the pleading. [O. VI, R. 6]
6. Where a contract is alleged in any pleading, a bare denial of the same by
the opposite party shall be considered only as a denial in fact of the contract
and not the denial of the legality or sufficiency in law of such contract. [O.VI, R.8]
6. Dr. Khakare Vikas
---
7. Wherever the contents of any document are material, it shall be
sufficient in any pleading to state the effect thereof as briefly as
possible, without setting out the whole or any part thereof. [O.VI R.9]
8. Wherever it is material to allege malice, fraudulent intention,
knowledge or other condition of the mind of any person, it shall be
sufficient to allege the same as a fact without setting out the
circumstances from which the same is to be inferred. [O. VI, R.10]
9. Wherever any contract or any relation between any persons is to be
implied from a series of letters or conversations or otherwise from a
number of circumstances it shall be sufficient to allege such contract or
relation as a fact, and to refer generally to such letter, conversations or
circumstances. There is no need to state details. [O.VI, R. 12]
7. Dr. Khakare Vikas
---
10. Neither party need in any pleading allege any matter of fact which
the law presumes in his favour or as to which the burden of proof lies
upon the other side unless the same has first been specifically denied.
[O.VI, R. 13]
11. Every pleading shall be signed by the party and his pleader.
Pleading may be signed by person duly authorised by party to suit. [O.VI, R.
14]
12. Every pleading shall be verified at the foot by the party. It shall state
the date on which and the place at which it was signed [O.VI, R.15]
8. Dr. Khakare Vikas
Striking out pleading
• The Court may at any stage of the proceedings order to be struck out
or amended any matter in any pleading:
a. Which may be unnecessary, scandalous, frivolous or vexatious, or
b. Which may tend to prejudice, embarrass or delay the fair trial of the
suit, or
c. Which is otherwise an abuse of the process of the Court. [O.VI, R. 16]
9. Dr. Khakare Vikas
Amendment of pleading
• The Court may at any stage of the proceeding allow either party to
alter or amend his pleadings in such manner and on such terms as
may be just.
• The Court may allow amendment in the pleading when:
i. It is necessary for determination of real question in controversy,
ii. It is just and proper,
iii. It is necessary in the interest of justice.
10. Dr. Khakare Vikas
Plaint
• A suit is instituted by presentation of plaint before the Court. A
‘plaint’ is written application made by plaintiff against defendant
seeking relief from the Court.
• A plaint is pleading and should conform to the rules of pleading.
• Along with plaint, plaintiff shall file documents on which he relies for
the relief.
11. Dr. Khakare Vikas
Particulars to be contained in
plaint [Order VII, Rule 1]
a. The name of the Court in which the suit is brought;
b. The name, description and place of residence of the plaintiff;
c. The name, description and place of residence of the defendant, so
far as they can be ascertained;
d. Where the plaintiff or the defendant is a minor or a person of
unsound mind, a statement to that effect;
e. The facts constituting the cause of action and when it arose;
12. Dr. Khakare Vikas
---
f. The facts showing that the Court has jurisdiction;
g. The relief which the plaintiff claims;
h. Where the plaintiff has allowed a set-off or relinquished a portion of
his claim, the amount so allowed or relinquished; and
i. A statement of the value of the subject-matter of the suit for the
purposes of jurisdiction and of Court fees, so far as the case admits.[O.VII,
R.1]
13. Dr. Khakare Vikas
---
• In money suit state precise amount claimed. [O.VII, R.2]
• In case of immovable property plaint shall contain a description of
the property which shall be sufficient to identify it. [O.VII R.3]
• Every plaint shall state specifically the relief claimed. Relief may be
claimed either simply or in the alternative. [O.VII, R. 7]
14. Dr. Khakare Vikas
Rejection of plaint
• Where it does not disclose a cause of action;
• Where the relief claimed is undervalued, and the plaintiff, on being
required by the Court to correct the valuation within a time to be
fixed by the Court, fails to do so;
• Where the relief claimed is properly valued, but the plaint is written
upon paper insufficiently stamped, and the plaintiff, on being
required by the Court to supply the requisite stamp-paper within a
time to be fixed by the Court, fails to do so;
• Where the suit appears from the statement in the plaint to be barred
by any law;
• Where it is not filed in duplicate;
• Where the plaintiff fails to comply with provisions of Rule 9 (fails to
provide copies of plaint). [ O. VII, R 11]
15. Dr. Khakare Vikas
Written statement
• Pleading include written statement (ws).
• Written statement is pleading on behalf of defendant wherein he
gives his defence or reply to the allegation made by plaintiff.
• A written statement is pleading therefore should conform to rules of
pleading.
• WS shall be presented within 30 (maximum 90) days from service of
summons.
16. Dr. Khakare Vikas
Contents of WS
1. New facts: New facts must be specifically pleaded. The defendant
must raise by his pleading all matters which
a.Show the suit not be maintainable, or
b.Show that the transaction is either void or voidable in point of law,
c. And all such grounds of defence as.[ Order VIII Rule 2]
2. Denial: Denial to be specific. Defendant should not deny generally.
But he must deal each allegation of fact to which he does not admit the
truth. If is not so denied specifically, it shall be taken to be
admitted.[ Order VIII Rule 3, 5]
3. iii.Denial should not be evasive. It should answer the point of
substance.[ Order VIII Rule 4]
17. Dr. Khakare Vikas
Set-off
• Set- off is a reciprocal acquittal of debt. It can be availed in money suit.
• If plaintiff has filed money suit against defendant and defendant also
has a specific claim for money against plaintiff; set-off can be
demanded by defendant.
18. Dr. Khakare Vikas
Conditions for set-off
• 1.The suit must be for recovery of money,
• 2.The amount of set-off must be ascertained sum of money,
• 3.It must be legally recoverable from plaintiff,
• 4.It must not exceeds pecuniary limits of the Court,
• 5.It must be recoverable by the defendant claiming set-off, (where
there are more defendants) and against the plaintiff or all plaintiffs,
• 6.Both plaintiff and defendant fill the same character as they fill in the
plaintiff’s suit. [Order VIII Rule 6]
19. Dr. Khakare Vikas
Effect of set-off
• The written statement shall have the same effect as a plaint in a
cross-suit so as to enable the Court to pronounce a final judgment in
respect both of the original claim and of the set-off.
• The rules relating to a written statement by a defendant apply to a
written statement in answer to a claim of set-off..[Order VIII Rule 6]
20. Dr. Khakare Vikas
Legal set off Equitable set off
1. It is for ascertained sum of
money.
2. Cross demand may or may not
arise out of same transaction.
3. Court is bound to entertain
legal set-off.
4. Amount claimed as set-off must
be legally recoverable and not
barred by limitation.
1. It is for unascertained sum of
money.
2. Cross demand must arise out of
same transaction.
3. Court is not bound to entertain
equitable set-off.
4. Amount claimed as set-off may
not be legally recoverable and
may be event barred by limitation.
21. Dr. Khakare Vikas
Counter claim
• Where defendant has a claim against plaintiff for which he
can institute separate suit against the plaintiff but he can
plead counter claim in the written statement.
• A defendant in a suit may, in addition to his right of pleading
a set-off set up, by way of counter-claim against the claim of
the plaintiff, any right or claim in respect of a cause of action
accruing to the defendant against the plaintiff either before
or after the filing of the suit but before the defendant has
delivered his defence or before the time limited for
delivering his defence has expired. Whether such counter-
claim is in the nature of a claim for damages or not.[ Order VIII Rule
6A]
22. Dr. Khakare Vikas
Set-off Counter claim
1. It is a cross action.
2. It is a weapon of offence.(Like a
sword)
3. Where plaintiff’s suit is stayed,
discontinued or dismissed; counter
claim proceeds.
4. This is not arising out of same
transaction.
5. It can be availed in any type of
suit.
6. Where amount claimed by
defendant is higher than plaintiff; it
is counter claim.
1. It is statutory defence.
2. It is a ground of defence. (Like a
shield)
3. Where plaintiff’s suit is stayed,
discontinued or dismissed; set-off
also extinguished.
4. This is arising out of same
transaction.
5. It can be availed in money suit
only.
6 . A m o u n t c l a i m e d b y t h e
defendant is always less than
amount claimed plaintiff.