This document discusses the process of appeals in the Indian legal system. It outlines that appeal is a complaint to a higher court regarding an injustice or error committed by a lower court. There can only be a right to appeal if expressly provided by law. It then discusses the different levels and types of appeals, including appeals to the Supreme Court, High Court, and Court of Session. It also describes the procedures that must be followed for appeals, such as attaching a copy of the lower court's judgment. The appellate court has powers to dismiss appeals summarily if there is no sufficient ground, or to obtain further evidence and alter or reverse the lower court's decision.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
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
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
The document outlines rules for framing lawsuits and joining multiple causes of action in civil suits under the Code of Civil Procedure. It states that every suit should aim to provide a final decision on all matters in dispute. It also lays out that a plaintiff must include their whole claim regarding a cause of action in one suit, and cannot later sue regarding any parts omitted. The rules allow joining multiple causes of action against the same defendant, with jurisdiction based on the total subject matter. Objections to misjoinder must be raised at the earliest opportunity.
This document discusses various provisions related to bail and bonds under the Indian Code of Criminal Procedure. It covers sections 436-450 which outline when bail can be granted, the process for obtaining bail, conditions that can be imposed, grounds and procedures for cancellation of bail. Key points include that bail is to be granted as a matter of right for bailable offenses, courts have discretion to grant bail for non-bailable offenses subject to conditions, and provisions for anticipatory bail, bail amounts, sureties, cancellation, and appeal processes. Guidance from court judgments is also provided.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
This document discusses the process of appeals in the Indian legal system. It outlines that appeal is a complaint to a higher court regarding an injustice or error committed by a lower court. There can only be a right to appeal if expressly provided by law. It then discusses the different levels and types of appeals, including appeals to the Supreme Court, High Court, and Court of Session. It also describes the procedures that must be followed for appeals, such as attaching a copy of the lower court's judgment. The appellate court has powers to dismiss appeals summarily if there is no sufficient ground, or to obtain further evidence and alter or reverse the lower court's decision.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
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
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
The document outlines rules for framing lawsuits and joining multiple causes of action in civil suits under the Code of Civil Procedure. It states that every suit should aim to provide a final decision on all matters in dispute. It also lays out that a plaintiff must include their whole claim regarding a cause of action in one suit, and cannot later sue regarding any parts omitted. The rules allow joining multiple causes of action against the same defendant, with jurisdiction based on the total subject matter. Objections to misjoinder must be raised at the earliest opportunity.
This document discusses various provisions related to bail and bonds under the Indian Code of Criminal Procedure. It covers sections 436-450 which outline when bail can be granted, the process for obtaining bail, conditions that can be imposed, grounds and procedures for cancellation of bail. Key points include that bail is to be granted as a matter of right for bailable offenses, courts have discretion to grant bail for non-bailable offenses subject to conditions, and provisions for anticipatory bail, bail amounts, sureties, cancellation, and appeal processes. Guidance from court judgments is also provided.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
This document provides an overview of limitation laws in India. It discusses key concepts such as:
1. Limitation laws aim to provide repose, peace, and justice by putting an end to lingering legal claims and litigation.
2. The Limitation Act of 1963 establishes limitation periods for different types of civil and criminal proceedings. Claims filed after the prescribed period can be dismissed.
3. Exceptions allow for delayed filing if sufficient cause is shown, such as fraud, mistake, or if the claimant was a minor or incapacitated. Overall, the limitations framework balances fairness to both parties in legal disputes.
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 document provides an overview of key sections of the Code of Civil Procedure. It summarizes the classes of civil courts in Bangladesh, defines important terms like decree and judgement debtor, and outlines sections related to jurisdiction of courts, res judicata, appeals, revisions, and execution of decrees. Specifically, it notes there are 5 classes of civil courts, defines elements of a decree, discusses limitations to filing execution within 12 years, and explains appellate courts have power to determine cases finally or remand them for trial.
DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATIONTejinder Bhatti
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
The document discusses the appointment of receivers in India. It notes that receivers can be appointed by a court before or after a decree to act as custodians of property during legal proceedings. Receivers essentially take on the role of property owners and have powers to manage, protect, and improve the property. They must submit accounts to the court, pay amounts owed, and are responsible for any losses due to willful misconduct or negligence. The court can enforce receivers' duties and hold them accountable by attaching their property if needed. Collectors may also be appointed as receivers for certain land revenue properties with the collector's consent.
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.
The document provides an overview of the key stages of a civil suit under the Code of Civil Procedure, 1908 in India. It discusses the following main stages:
1) Institution of a suit through filing of a plaint.
2) Issuance and service of summons to the defendant.
3) Filing of a written statement by the defendant.
4) Framing of issues by the court based on the plaint and written statement.
5) Trial through examination of witnesses and presentation of evidence by both parties.
6) Arguments from both sides.
7) Pronouncement of judgment by the court.
8) Drawing up of a decree based
This document discusses provisions around alternative dispute resolution and arbitration. It outlines that an arbitral tribunal shall consist of an odd number of arbitrators unless otherwise agreed, with each party appointing one in a three-arbitrator panel. An arbitrator may only be challenged for circumstances that raise doubts on impartiality or independence, lack of qualifications, or reasons a party became aware of after appointment. The procedure for a challenge requires sending a written statement within 15 days of the relevant event or constitution of the tribunal.
Transferrable and non transferrable propertySunit Kapoor
Certain types of property cannot be legally transferred under Indian law. This includes property whose transfer is restricted by other laws, such as Hindu law, Muslim law, or the Code of Civil Procedure. Specific non-transferable types of property include speculative succession, mere rights of re-entry, easements apart from dominant heritage, restricted interests, rights to future maintenance, mere rights to sue, public offices and salaries, pensions and stipends, transfers opposed to the nature of the interest, and untransferable rights of occupancy such as those belonging to tenants.
The document discusses the Advocates Act of 1961 and the roles of the Bar Council of India and State Bar Councils. It notes that the Advocates Act established the Bar Council of India and State Bar Councils to regulate the legal profession. The Bar Council of India lays down standards of conduct for advocates, promotes legal education and protects advocates' rights, while State Bar Councils admit advocates, handle misconduct cases, and safeguard advocates' interests at the state level.
The document summarizes the key provisions around temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure, 1908 in India. It discusses the grounds for granting temporary injunctions under Rules 1 and 2 to maintain the status quo during legal proceedings. It also outlines the procedures under Rules 3 and 3A, consequences for disobedience under Rule 2A, discharge or variation of orders under Rule 4, and provisions for interim sale, detention of subject matter, immediate possession, and deposit in court under Rules 6 to 10. The purpose is to provide interim relief and protect suits from becoming infructuous pending final disposal.
Cpc learning module 8 reference revision and reviewDr. Vikas Khakare
This document provides an overview of reference, review, and revision as outlined in the Code of Civil Procedure in India. It discusses:
1) Reference: A subordinate court can refer a case to the High Court if it involves the validity of a law and the court believes the law to be invalid. The High Court will then decide the legal question.
2) Review: Any aggrieved person can apply to have a court reconsider its own decision, on grounds of new evidence, mistake, or other sufficient reason.
3) Revision: The High Court can revise, or correct, decisions of lower courts if the lower court exceeded its jurisdiction, failed to exercise its jurisdiction, or acted illegally or with irregularity
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
ADR - 6TH May Cpt. BHATIA (F) - 7TH LECTURE PART IIcmmindia2017
This document discusses the enforcement of foreign arbitration awards under the Arbitration and Conciliation Act of India. It covers key parts of the Act related to New York Convention awards and Geneva Convention awards. For NY Convention awards, it outlines the conditions for an award to be considered foreign and enforceable in India, including the evidence required and grounds for refusing enforcement. It also discusses the conciliation process in India, including commencement of proceedings, appointment of conciliators, their role and flexibility in procedures.
1) Private international law governs issues related to marriage such as validity, dissolution, and inheritance across legal jurisdictions.
2) Generally, the law of the place where the marriage was solemnized (lex loci celebrationis) determines the formal validity of the marriage. However, some countries also consider the law of the domicile (lex domicilii).
3) In India, Hindu and Muslim marital laws have different requirements for a valid marriage. Under Hindu law, saptapadi is essential while Muslim law treats marriage as a civil contract requiring an agreement with witnesses.
The document discusses bail provisions under criminal procedure law. It begins by defining bail and its purpose of securing an accused's appearance in court. Offences are classified as bailable, non-bailable, or unbailable. For non-bailable offences punishable by death or life imprisonment, bail is usually not granted if there are reasonable grounds to believe the accused committed the offence. However, the court may grant bail in exceptional circumstances if the accused is a minor, woman, or sick/infirm person. Case law examples provide guidance on factors considered for granting bail in non-bailable cases, such as medical conditions, age, or ensuring no interference with the case. Conditions like surrendering travel documents or regular police
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
Sections 17-20 define admissions and the types of statements that can be considered admissions in legal proceedings. Section 17 provides a broad definition of an admission as any oral, written or electronic statement by a person involved in a case that suggests any inference to a relevant fact. Sections 18-20 outline specific situations where statements may be considered admissions, such as statements by parties to a case or their agents (Section 18), persons whose position must be proved against a party (Section 19), and statements to those referred to for information by a party (Section 20). Taken together, these sections provide the framework for what constitutes an admission as evidence in a legal case.
This document discusses different types of jurisdiction in legal cases. It explains that pecuniary jurisdiction is determined by the valuation of the subject matter involved in the case. Territorial jurisdiction for cases involving immovable property is discussed in sections 16-18, while section 19 covers territorial jurisdiction for movable property and compensation cases. The key factors determining territorial jurisdiction are where the wrong was committed, where the defendant resides or works, and the plaintiff's option to choose the court. Lack of proper jurisdiction would result in the case being nullified.
This document discusses the concept of a lawsuit and the importance of pleadings in civil litigation. It provides definitions and explanations of key terms like pleading, plaint, and written statement. The main points are:
1) Pleadings are the formal written statements that define the issues in a civil lawsuit. They help narrow the matters in dispute and prevent surprises at trial.
2) The main types of pleadings are the plaint, which is the plaintiff's statement of claims, and the written statement, which is the defendant's reply and defenses.
3) Pleadings must be confined to material facts and prevent irrelevant information. Their purpose is to ascertain the exact matters in disagreement to facilitate appropriate evidence and
This document provides an overview of limitation laws in India. It discusses key concepts such as:
1. Limitation laws aim to provide repose, peace, and justice by putting an end to lingering legal claims and litigation.
2. The Limitation Act of 1963 establishes limitation periods for different types of civil and criminal proceedings. Claims filed after the prescribed period can be dismissed.
3. Exceptions allow for delayed filing if sufficient cause is shown, such as fraud, mistake, or if the claimant was a minor or incapacitated. Overall, the limitations framework balances fairness to both parties in legal disputes.
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 document provides an overview of key sections of the Code of Civil Procedure. It summarizes the classes of civil courts in Bangladesh, defines important terms like decree and judgement debtor, and outlines sections related to jurisdiction of courts, res judicata, appeals, revisions, and execution of decrees. Specifically, it notes there are 5 classes of civil courts, defines elements of a decree, discusses limitations to filing execution within 12 years, and explains appellate courts have power to determine cases finally or remand them for trial.
DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATIONTejinder Bhatti
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
The document discusses the appointment of receivers in India. It notes that receivers can be appointed by a court before or after a decree to act as custodians of property during legal proceedings. Receivers essentially take on the role of property owners and have powers to manage, protect, and improve the property. They must submit accounts to the court, pay amounts owed, and are responsible for any losses due to willful misconduct or negligence. The court can enforce receivers' duties and hold them accountable by attaching their property if needed. Collectors may also be appointed as receivers for certain land revenue properties with the collector's consent.
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.
The document provides an overview of the key stages of a civil suit under the Code of Civil Procedure, 1908 in India. It discusses the following main stages:
1) Institution of a suit through filing of a plaint.
2) Issuance and service of summons to the defendant.
3) Filing of a written statement by the defendant.
4) Framing of issues by the court based on the plaint and written statement.
5) Trial through examination of witnesses and presentation of evidence by both parties.
6) Arguments from both sides.
7) Pronouncement of judgment by the court.
8) Drawing up of a decree based
This document discusses provisions around alternative dispute resolution and arbitration. It outlines that an arbitral tribunal shall consist of an odd number of arbitrators unless otherwise agreed, with each party appointing one in a three-arbitrator panel. An arbitrator may only be challenged for circumstances that raise doubts on impartiality or independence, lack of qualifications, or reasons a party became aware of after appointment. The procedure for a challenge requires sending a written statement within 15 days of the relevant event or constitution of the tribunal.
Transferrable and non transferrable propertySunit Kapoor
Certain types of property cannot be legally transferred under Indian law. This includes property whose transfer is restricted by other laws, such as Hindu law, Muslim law, or the Code of Civil Procedure. Specific non-transferable types of property include speculative succession, mere rights of re-entry, easements apart from dominant heritage, restricted interests, rights to future maintenance, mere rights to sue, public offices and salaries, pensions and stipends, transfers opposed to the nature of the interest, and untransferable rights of occupancy such as those belonging to tenants.
The document discusses the Advocates Act of 1961 and the roles of the Bar Council of India and State Bar Councils. It notes that the Advocates Act established the Bar Council of India and State Bar Councils to regulate the legal profession. The Bar Council of India lays down standards of conduct for advocates, promotes legal education and protects advocates' rights, while State Bar Councils admit advocates, handle misconduct cases, and safeguard advocates' interests at the state level.
The document summarizes the key provisions around temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure, 1908 in India. It discusses the grounds for granting temporary injunctions under Rules 1 and 2 to maintain the status quo during legal proceedings. It also outlines the procedures under Rules 3 and 3A, consequences for disobedience under Rule 2A, discharge or variation of orders under Rule 4, and provisions for interim sale, detention of subject matter, immediate possession, and deposit in court under Rules 6 to 10. The purpose is to provide interim relief and protect suits from becoming infructuous pending final disposal.
Cpc learning module 8 reference revision and reviewDr. Vikas Khakare
This document provides an overview of reference, review, and revision as outlined in the Code of Civil Procedure in India. It discusses:
1) Reference: A subordinate court can refer a case to the High Court if it involves the validity of a law and the court believes the law to be invalid. The High Court will then decide the legal question.
2) Review: Any aggrieved person can apply to have a court reconsider its own decision, on grounds of new evidence, mistake, or other sufficient reason.
3) Revision: The High Court can revise, or correct, decisions of lower courts if the lower court exceeded its jurisdiction, failed to exercise its jurisdiction, or acted illegally or with irregularity
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
ADR - 6TH May Cpt. BHATIA (F) - 7TH LECTURE PART IIcmmindia2017
This document discusses the enforcement of foreign arbitration awards under the Arbitration and Conciliation Act of India. It covers key parts of the Act related to New York Convention awards and Geneva Convention awards. For NY Convention awards, it outlines the conditions for an award to be considered foreign and enforceable in India, including the evidence required and grounds for refusing enforcement. It also discusses the conciliation process in India, including commencement of proceedings, appointment of conciliators, their role and flexibility in procedures.
1) Private international law governs issues related to marriage such as validity, dissolution, and inheritance across legal jurisdictions.
2) Generally, the law of the place where the marriage was solemnized (lex loci celebrationis) determines the formal validity of the marriage. However, some countries also consider the law of the domicile (lex domicilii).
3) In India, Hindu and Muslim marital laws have different requirements for a valid marriage. Under Hindu law, saptapadi is essential while Muslim law treats marriage as a civil contract requiring an agreement with witnesses.
The document discusses bail provisions under criminal procedure law. It begins by defining bail and its purpose of securing an accused's appearance in court. Offences are classified as bailable, non-bailable, or unbailable. For non-bailable offences punishable by death or life imprisonment, bail is usually not granted if there are reasonable grounds to believe the accused committed the offence. However, the court may grant bail in exceptional circumstances if the accused is a minor, woman, or sick/infirm person. Case law examples provide guidance on factors considered for granting bail in non-bailable cases, such as medical conditions, age, or ensuring no interference with the case. Conditions like surrendering travel documents or regular police
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
Sections 17-20 define admissions and the types of statements that can be considered admissions in legal proceedings. Section 17 provides a broad definition of an admission as any oral, written or electronic statement by a person involved in a case that suggests any inference to a relevant fact. Sections 18-20 outline specific situations where statements may be considered admissions, such as statements by parties to a case or their agents (Section 18), persons whose position must be proved against a party (Section 19), and statements to those referred to for information by a party (Section 20). Taken together, these sections provide the framework for what constitutes an admission as evidence in a legal case.
This document discusses different types of jurisdiction in legal cases. It explains that pecuniary jurisdiction is determined by the valuation of the subject matter involved in the case. Territorial jurisdiction for cases involving immovable property is discussed in sections 16-18, while section 19 covers territorial jurisdiction for movable property and compensation cases. The key factors determining territorial jurisdiction are where the wrong was committed, where the defendant resides or works, and the plaintiff's option to choose the court. Lack of proper jurisdiction would result in the case being nullified.
This document discusses the concept of a lawsuit and the importance of pleadings in civil litigation. It provides definitions and explanations of key terms like pleading, plaint, and written statement. The main points are:
1) Pleadings are the formal written statements that define the issues in a civil lawsuit. They help narrow the matters in dispute and prevent surprises at trial.
2) The main types of pleadings are the plaint, which is the plaintiff's statement of claims, and the written statement, which is the defendant's reply and defenses.
3) Pleadings must be confined to material facts and prevent irrelevant information. Their purpose is to ascertain the exact matters in disagreement to facilitate appropriate evidence and
The document summarizes the key aspects of summary procedure under Order XXXVII of the Code of Civil Procedure, 1908 in India. It explains that (1) summary procedure allows for expedited adjudication of money disputes, (2) it applies to courts designated by the High Court and certain classes of suits related to bills, notes, contracts and guarantees, and (3) it provides a streamlined process where the plaintiff can obtain a quick decree if the defendant does not respond in time or is not granted leave to defend by the 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.
1. Order IX of the Code of Civil Procedure deals with the appearance and non-appearance of parties before a court.
2. If both parties fail to appear, the suit can be dismissed. Dismissal does not amount to a decree and no appeal lies, but the plaintiff can file a fresh suit or apply to set aside the dismissal.
3. If the defendant fails to appear after being duly served, the case can proceed ex parte, but the defendant can apply to set aside the ex parte order by showing sufficient cause for their non-appearance.
Procedure before civil court in India and the roles of each officials.pptxKumkumMishra15
Procedure before civil court in India under civil procedure code.
What is the procedure adapted by the court officials and police officers prior or during investigation. How many officials are involved during investigation. What are the roles of each officers during the case. How Indian civil procedure is different from the common civil procedure. What are the similarities and differences between their procedures.
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.
Here are the key points to include in an application for bail under Section 437 of the CrPC:
1. Heading
- Name of the Court
- Case details (FIR no., Section etc.)
2. Facts of the case in brief
- Date of incident, place of incident
- Allegations in the FIR
- Date of arrest
3. Grounds for bail
- Nature and gravity of the offence is not serious
- No previous criminal record of applicant
- Applicant is not likely to abscond/flee from justice
- Applicant's presence is not required for further investigation
- Applicant is ready to abide by any condition imposed by the court
4
The document discusses the procedure for setting aside an ex parte decree under Order IX Rules 6, 7, and 13 of the Code of Civil Procedure. It explains that an ex parte decree can be set aside if the defendant was not duly served summons or was prevented from appearing in court for "sufficient cause". The defendant must satisfy the court of one of these grounds and the court has discretion to set aside the decree subject to certain terms.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, responding to requests, and seeking expedited hearings when grounds for urgency arise.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, communicating with other parties, and seeking court orders in a timely manner at different stages of proceedings.
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
The document discusses the provisions related to rejection of plaints under Order 7 Rule 11 of the Code of Civil Procedure (CPC). It provides details on the various grounds under which a plaint can be rejected by the court, including if it does not disclose a cause of action, is barred by any law like the limitation act, or is not properly stamped. It notes that the power to reject a plaint can be exercised at any stage of the suit if the court believes the suit is frivolous or amounts to abuse of process. The document also discusses past court rulings and principles related to interpreting causes of action and limitation periods in order to determine whether rejection of a plaint is justified.
The document defines and explains key concepts relating to negotiable instruments under the Negotiable Instruments Act 1881. It defines a negotiable instrument as a promissory note, bill of exchange, or cheque that is either payable to order or to bearer. A negotiable instrument must be freely transferable, give the holder a clear title, allow the holder to sue in their own name, and be transferable an unlimited number of times. It distinguishes between different types of negotiable instruments like promissory notes, bills of exchange, and cheques. It also defines important concepts like holder and holder-in-due-course.
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!
The document discusses the laws around dishonour of negotiable instruments like bills of exchange, promissory notes, and cheques in India. It defines dishonour as non-acceptance or non-payment of obligations. A negotiable instrument can be dishonoured by non-acceptance or non-payment, with different implications for each type of instrument. The holder must give notice of dishonour and may have to get the instrument noted and protested by a notary public to establish liability of prior parties.
- The document discusses the process of summons under the Code of Civil Procedure, 1908 in Bangladesh. It defines a summons as a document used to inform a defendant of a legal proceeding requiring their presence.
- It explains that a summons provides important case details like the plaintiff and defendant names, court name and address, case number, and date the defendant must appear or respond. Failure to comply can result in a default judgment or penalties.
- The document outlines the specific sections of the Bangladesh Code of Civil Procedure regarding issuing summons to defendants, service of foreign summonses, ordering discovery, summoning witnesses, and penalties for non-compliance.
Deterrent strategies in fraud litigation, September 2017, LondonBrowne Jacobson LLP
This seminar covered evidence, investigations and deterrent remedies. We focused on:
- an update on development of the use of s 57 CCJA 2015 and the effectiveness of pursuing fundamental dishonesty;
- unlocking evidence of fraud - forensic investigations around documents, mobile devices and computer data;
- costs sanctions against third parties;
- how to conduct an investigation in preparation for potential criminal action;
- evidential and legal considerations in bringing contempt proceedings.
This document summarizes the procedures for summons outlined in the Code of Civil Procedure 1908 in India. It discusses who can be issued a summons, the required contents and format of summons, acceptable methods of serving summons including personal service, service on family or agents, substituted service through affixing or newspaper publication, and service on defendants in special circumstances such as imprisonment, residence abroad, or if they are civil servants or members of the armed forces. The purpose of summons is to inform defendants of legal proceedings against them and provide an opportunity to defend themselves.
Pleadings are written statements submitted to assert claims and defenses. The main pleadings discussed are complaints, counterclaims, cross-claims, answers, and replies. A complaint must state the names of the plaintiff and defendant, contain a concise statement of ultimate facts, and relief prayed for. A counterclaim is a claim by the defendant against the plaintiff arising from the same transaction. It must be answered within 10 days. An answer sets forth defenses, which can be negative (specific denial) or affirmative (new matter like payment or statute of limitations). Replies respond to answers. A complaint must establish a right of the plaintiff, an obligation of the defendant, and a violation of that right. Pleadings must comply with
Similar to Code of Civil Procedure1908 Pleading Plaint & Written statement (20)
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
San Remo Manual on International Law Applicable to Armed Conflict at Sea
Code of Civil Procedure1908 Pleading Plaint & Written statement
1. Code of Ci vi l Pr oc edur e 1 908
PLEADING [ Or der VI ]
P l a i n t & W S [Order V I I , V I I I ]
Keshva Nand
Assist. Prof.
ICFAI LAW SCHOOL The ICFAI University, JAIPUR, Rajasthan,
India
2. Pl eadi ng
• 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. Obj ec t
• 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. Tobring parties to definite issues.
iii. To avoid unnecessary pleadings and thereby reduce time of
litigation and expenses.
4. Rul es of pl eadi ng
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. - - -
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. - - -
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. - - -
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. St r i ki ng out pl eadi ng
• 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. Amendment of pl eadi ng
• 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. Pl ai nt
• 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. Par t i c ul ar s t o be c ont ai ned i n
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;
pl ai nt [Order V I I , Rule 1 ]
12. - - -
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. - - -
• 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. KeshvaNand
R e j e c t i o n o f p l a i n t
• 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. 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. Cont ent s 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, i t 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. Set - of f
• 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. Conditions f o r s e t - o f f
• 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. E f f e c t o f s e t - o f f
• 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. Legal s et of f
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.
KeshvaNand
Equi t abl e s et of f
21. Count er c l ai m
• 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. KeshvaNand
Set - of f
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 c l a imed by
defendant is higher than plaintiff; it is
counter claim.
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 i s 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 i s always less than
amount claimed plaintiff.