Introduction to cpc 1962
particular and society in general. Especially in India, she is seen as preserver
of social norms, traditions, customs, morality and family cohesiveness. In the present
world a woman has taken up all responsibility of making a mark of her own to have
an own identity along with nurturing her family. But it is sad to see that women’s
achievement is also getting extended towards criminality in the social, cultural,
economic and political milieu of India. Female Criminality in India is at rise along
with the increase in crime against woman. The issue has reached to an alarming level
which has compelled all the socially responsible scholars to focus on root cause of
female turning to criminal activities in larger numbers. Female criminality has been
theoretically stated as complicated less understood and subject to easy control. The
social environment contributes a lot to the making of women criminals.
Female crime is a main indicator to measure a community’s moral standards.
Because compared with male crime, the number and proportion of female crime is
low, scholars and the judiciaries were not concerned about female crime for a long
time. But in recent years, the rapid growth of female crime and the emergence of the
new features had to be given extensive attention.1
Female crime has seriously affected
the marriage and family stability and social development. In this context, it is
particularly necessary to discuss the reasons for female crime and bring forward the
corresponding control measures
The phrase “Female crime’, by definition, refers to the crimes committed b
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.
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:
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Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
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Loan to Directors: https://youtu.be/oAcOSQJwNgY
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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.
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
In summary, a defendant enjoys at least three important constituti.docxbradburgess22840
In summary, a defendant enjoys at least three important constitutional rights during the sentencing process: (1) the right not to be put twice in jeopardy; (2) the right to a sentence that conforms with the Eighth Amendment’s proscription against cruel and unusual punishment; and (3) the right to counsel at sentencing-related hearings, regardless of his or her ability to afford representation.
APPEALS and HABEAS CORPUS
1:APPEALS
An appeal occurs when an appellate court, such as one of the federal courts of appeal, examines a lower court’s decision in order to determine whether the proper procedure was followed or the correct law was applied. In other words, when a defendant appeals, he or she is claiming that the court made an error. Thus, the appeal guarantees that a defendant who is found guilty can challenge his or her conviction. Further, the appeal442443guarantees that another judge or panel of judges, disconnected from the initial trial, will make the relevant decision.
Although appealing convictions is an important part of the criminal process, the Supreme Court has never held that doing so is constitutionally permissible. That is, nowhere does the U.S. Constitution specify that a certain number of appeals will be granted to each convicted criminal. InMcKane v. Durston (153 U.S. 684 [1894]), the Supreme Court stated, “A review by an appellate court of the final judgment in a criminal case, however grave the offense of which the accused is convicted, was not at common law, and is not now, a necessary element of due process of law” (p. 687).
Most appeals are posttrial in nature and filed by the defense, which is why this topic is being discussed at the end of this book. However, in some situations, the defense appeals a court’s decision, such as on a motion to suppress evidence, during the trial. And in some instances, the prosecution can even file an appeal. Thus, this chapter will consider three types of appeals: (1) appeals by the defense prior to adjudication; (2) appeals by the defense after adjudication; and (3) appeals by the prosecution. First, however, it is important to review the common types of appeals and their consequences and the important Supreme Court cases dealing with the appellate process (i.e., the procedures courts are required to follow).■ Types and Effects of Appeals
Despite the Supreme Court’s view that appealing one’s conviction is not constitutionally guaranteed, every state and the federal government each has rules providing a certain number of appeals to a convicted criminal. At both the state and federal levels, a convicted criminal is usually granted at least one appeal of right, also known as a direct appeal, and at least one discretionary appeal.
An appeal of right, or a direct appeal, is automatically granted to the defendant by law. That is, an appeal of right must be heard by an appellate court. It is not up to the appellate court to decide whether to hear such an appeal. By contrast, the appellate .
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In summary, a defendant enjoys at least three important constituti.docxbradburgess22840
In summary, a defendant enjoys at least three important constitutional rights during the sentencing process: (1) the right not to be put twice in jeopardy; (2) the right to a sentence that conforms with the Eighth Amendment’s proscription against cruel and unusual punishment; and (3) the right to counsel at sentencing-related hearings, regardless of his or her ability to afford representation.
APPEALS and HABEAS CORPUS
1:APPEALS
An appeal occurs when an appellate court, such as one of the federal courts of appeal, examines a lower court’s decision in order to determine whether the proper procedure was followed or the correct law was applied. In other words, when a defendant appeals, he or she is claiming that the court made an error. Thus, the appeal guarantees that a defendant who is found guilty can challenge his or her conviction. Further, the appeal442443guarantees that another judge or panel of judges, disconnected from the initial trial, will make the relevant decision.
Although appealing convictions is an important part of the criminal process, the Supreme Court has never held that doing so is constitutionally permissible. That is, nowhere does the U.S. Constitution specify that a certain number of appeals will be granted to each convicted criminal. InMcKane v. Durston (153 U.S. 684 [1894]), the Supreme Court stated, “A review by an appellate court of the final judgment in a criminal case, however grave the offense of which the accused is convicted, was not at common law, and is not now, a necessary element of due process of law” (p. 687).
Most appeals are posttrial in nature and filed by the defense, which is why this topic is being discussed at the end of this book. However, in some situations, the defense appeals a court’s decision, such as on a motion to suppress evidence, during the trial. And in some instances, the prosecution can even file an appeal. Thus, this chapter will consider three types of appeals: (1) appeals by the defense prior to adjudication; (2) appeals by the defense after adjudication; and (3) appeals by the prosecution. First, however, it is important to review the common types of appeals and their consequences and the important Supreme Court cases dealing with the appellate process (i.e., the procedures courts are required to follow).■ Types and Effects of Appeals
Despite the Supreme Court’s view that appealing one’s conviction is not constitutionally guaranteed, every state and the federal government each has rules providing a certain number of appeals to a convicted criminal. At both the state and federal levels, a convicted criminal is usually granted at least one appeal of right, also known as a direct appeal, and at least one discretionary appeal.
An appeal of right, or a direct appeal, is automatically granted to the defendant by law. That is, an appeal of right must be heard by an appellate court. It is not up to the appellate court to decide whether to hear such an appeal. By contrast, the appellate .
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2. CIVIL PROCEDURE CODE, 1908
• Scheme of the Act:- It consolidates the law
relating to procedure of Civil Courts.
• It has 158 sections in the first part (the main
part) and 51 ORDERS in the second part
containing Rules and 8 appendices .
• The Sections contain the fundamental
principles, and thus create jurisdiction hence a
substantive law whereas the Rules deal with
the detailed procedure as to how the
jurisdiction should be exercised.
3. Jurisdiction of the Civil Courts
Jurisdiction is the basic authority of the Court by which it
adjudicates the disputes brought before it.
jurisdiction is of various types such as 1. Pecuniary 2.
Territorial 3. of the given subject matter
Basic Structure of Civil Courts 1 Civil Judge (Junior Dn.) 2. Civil
Judge (Senior Dn.) 3. District Judge 4. High Court 5. Supreme
Court
There are some other designated courts created both under
the CPC and outside the Code, Small causes courts are created
under CPC. Other courts are created by various special Acts
through which the jurisdiction of the civil courts relating to some
specified subject matters becomes barred and these adjudicatory
bodies acquire jurisdiction e.g. Family Courts, Labour Courts and
Tribunals, Administrative Tribunals, Electricity Tribunals, MACT.
All Civil claims and proceedings are required to be filed in the
lowest competent courts.
4. S. 11: Res - Judicata- A suit or an
issue decided by a Competent Court
cannot be reopened and re-adjudicated
in a subsequent suit between the same
parties or parties claiming through them,
in another Court or the same Court.
The matter should be directly and
substantially issue, in the former
suit,
5. oSuits to be filed:-
● (S.15)- in the Court of lowest grade
competent to try.
● (S.16)- if relating to immovable
property, where the property is
situated, or where the defendant
resides or works for gain.
If the property is situated within
jurisdiction of different Courts, in
any of those Courts, or
Where cause of action / part arises.
6. Parties to Suits
• Plaintiff is the person who files the suit
seeking relief against some person or set of
persons.
•Defendant or defendants are the persons
against when the suit is filed and relief
sought.
• In some cases certain parties against whom
no actual relief is claimed are shown as
“Proforma defendants” since those parties are
otherwise necessary to be impleaded or
joined in the proceeding.
7. Institution of Suits
•Filed by presentation of plaint in Court.
•Plaint to contain all facts alleged by plaintiff and
the relief prayed for by him.
•Plaint is to be filed along with the prescribed
Court Fees, wherever applicable.
•After preliminary scrutiny, the Court orders
issuance of summons upon the defendant, if the
plaint is in order.
8. Issuance & Services of Summons
•Additional copies of the plaint are filed by the plaintiff in Court.
•Additional copied are served upon the defendant by various means
such as through Court staff personally, by Registered post, through
Courier or by E-mail.
•Purpose of service is to inform the defendants about the suit being
filed, and the allegations against them.
•Some times summons are served by pasting or publication in the
newspaper when defendant is not available.
•Refusal to accept service amounts to good service.
•Service of summons is the stage when it becomes the defendants
responsibility to appear and contest the case.
9. Appearance &
Non- Appearance of parties
•After service of summons the defendant is
expected to appear and file his written statement on
the fixed date. If defendant appears and contests,
the case proceed according to Law.
• If defendant dose not contest, the case is heard
exparte.
•If plaintiff himself does not appear, the case is
dismissed for default.
•Order of exparte hearing or dismissal for default
are revocable.
10. Inspection and Production of
documents
•In a contested case the documentary
evidence of both sides is vital.
•Either side can have the documents relied
upon by the other side to be produced in
Court.
•He can then inspect those documents and if
necessary, challenge the same in Court.
11. Affidavits
•Affidavits are the statements given by the
parties on oath before authorized persons in or
outside the Court.
•Such persons are generally lawyers em-
powered by the State and Central Government
to attest the affidavits. They are known as
“Oath Commissioners” or “Notaries”.
•Affidavits can also be sworn by the parties in
the Court to support the statements made by
them in their pleadings and other applications.
12. Temporary injunctions & Interlocutory Orders
•During pendancy of suit a Civil Court is competent to grant a
Temporary injunction or pass such interlocutory order as is
necessary for the ends of justice.
•The temporary injunction is an order by which any or all
parties may be restrained from doing any act or directed to do
any act, normally during pendancy of the suit.
•Normally an injunction is granted after notifying the other
party in the suit, but in an emergency it may be granted
without notice or ex parte.
•For disobedience of an other of injunction, guilty party may
be detained in Civil prison.
13. Withdrawal & Compromise of Suits
•A plaintiff is at liberty to withdraw his suit against any
defendant(s) or give up his claim.
•Some times suits can be withdrawn with liberty to file a fresh
one if there is any formal defect which otherwise cannot be
rectified while it remains pending.
•A suit can also be withdrawn on compromise between the
parties if the terms of compromise are otherwise not unlawful.
•The compromise decree can however not be challenged later
own by either party on the ground of its being illegal.
14. First & Second Appeal
•Appeal is the proceeding which a losing party normally
files in The Superior Court after the suit is decided
against him by the Trial Court.
• Original decrees and certain orders can be appealed
against.
•A compromise decree between the same parties can
however not be appealed against.
•In first appeal the findings of the Trial Court both on
points of law and facts can be challenged.
•However in the second appeal (before the High Court)
only points of law can be challenged.
15. Reference, Review & Revision
• When any substantive question of law arises, or where the
legality or constutionalty of any law or enactment is doubtful,
a subordinate court can refer the matter for consideration of
the High Court. It is known as “Reference”.
• Similarly the trial Court can “Review” the propriety of its
own judgment if any party applies for doing so within 30 days
of the original judgment.
• Revision:- Any party can approach the Superior Court
(generally High Court) against an order of the Lower Court on
the ground of its Jurisdictional irregularity within 90 days.
•The Superior Court in deciding such application exercises its
power of “Revision”.
16. Execution
• Execution means implementation or forced compliance of
any decree or judgment by the original trial Court.
• The party in whose favour the order was passed applies
for execution if the other party dose not comply with the
order or decree passed again him, within the prescribed
time.
• In exercise its power of execution, the Court can adopt
various means.
• Some such means are :-
1. Taking forcible possession of immovable property ;
2. Attachment of movable property;
3. Attachment of money such as salaries, bank accounts etc.;
4. Detention of the defaulting party in civil prison etc.;