Arrest and Attachment Before Judgement (ORDER XXXVIII)

ABSTRACT The arrest and detention of the debtor 's judgment in a civil prison is one of the modes of execution of the decree. The holder of the decree has the right of selecting a method to execute the decree and usually cannot compel a tribunal to impose a specific mode of implementation in the … Continue reading Arrest and Attachment Before Judgement (ORDER XXXVIII)

Plaint under Civil Procedure Code

ABSTRACT The name is not defined in the code but can be said to be a statement of claim, a document presented at the presentation of the suit. The whole case is established by presenting the case in court or to that officer as it determines whether the case represents the defendant. In other words, … Continue reading Plaint under Civil Procedure Code

Issue and service of summons in Civil and Criminal Cases

Abstract The service and issue of summons is significant in both civil and criminal cases. The Indian law provides that everyone should be heard to achieve the objective of a free and fair trial. Both the law contains important provisions regarding the issue and service of summons to the defendant as well as the witnesses. … Continue reading Issue and service of summons in Civil and Criminal Cases

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT

ABSTRACT Condonation of delay is a doctrine referred to in the Limitation Act , 1963. The Act shall lay down time-limits for different suits and shall specify the time-limit within which a suit, appeal or application may be brought. The expiry of such a period of time leads to the termination of the remedy of … Continue reading APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT

GENERAL PROVISIONS AS TO BAR OF LIMITATION AND EXTENSION OF THE PRESCRIBED TIME

ABSTRACT The rule of limitation has its origins in the maxims "Interest Reipublicae Ut Sit Finis Litium" which implies that there will be a cap on lawsuits and "Vigilantibus Non Dormientibus Jura Subveniunt" in the benefit of the state as a whole, which implies that the statute should support only those who are diligent for … Continue reading GENERAL PROVISIONS AS TO BAR OF LIMITATION AND EXTENSION OF THE PRESCRIBED TIME

Summons-Issue and Service of Summons (Order V)

Abstract The summons can be viewed as a document filed by a court of law under the stamp and the signature of the presiding judge of that court demanding the presence of a party to the law. Where a legal proceeding is taken against any person, i.e., a criminal case against any person or any … Continue reading Summons-Issue and Service of Summons (Order V)

Deep Analysis of Res Subjudice with Case Laws

Abstract The significance of ‘doctrine of Res Subjudice’ is to avoid multiplicity of suit and conflict of decisions before the court of competent jurisdiction. Indian judiciary is already burdened with a number of pending cases and faces a stark lack of resources to deal with them. Therefore, it is necessary to avoid multiplicity of proceedings … Continue reading Deep Analysis of Res Subjudice with Case Laws