Muhammad Arooj, Author at Court Cast

Revision Against Rejection of Application for Release of Vehicle by Trial Court

8 minutes of reading

Introduction This report aims to discuss the issue regarding the rejection of an application for the release of a vehicle by the trial court and the subsequent revision sought against this order. The question arises whether this order can be subject to a revision plea as it might be deemed an ‘interlocutory order’. Understanding the …

Revision Against Rejection of Application for Release of Vehicle by Trial Court Read More »

Validity of an Appeal Without Enclosed Copy of Final Decree or Judgment

5 minutes of reading

The appeal in question pertains to the dismissal of a case on the grounds of the appellant not enclosing a copy of the final decree/judgment while appealing to the Hon’ble High Court of Delhi. To assess this matter, we have considered relevant legal maxims, provisions from the Indian law, and Delhi High Court filing rules, …

Validity of an Appeal Without Enclosed Copy of Final Decree or Judgment Read More »

Legality of Transfer Conditions for a Gazetted Officer under Indian Law as well as Jammu and Kashmir Service Rules

5 minutes of reading

Overview: In principle, a transfer is an essential incidence of public service and the right of an appropriate authority to transfer an employee from one post to another is well-recognised under the service jurisprudence in India. The key document governing the service conditions of government servants in Jammu and Kashmir is the Jammu and Kashmir …

Legality of Transfer Conditions for a Gazetted Officer under Indian Law as well as Jammu and Kashmir Service Rules Read More »

Entitlement of Predeceased Issues to Pensionary Benefits of an Intestate Deceased under Indian Laws, Service Rules, and Regulations

3 minutes of reading

Introduction This report is to address the query of whether the predeceased issues of a deceased individual, who died intestate, can receive any share out of the pensionary benefits of the deceased as per Indian laws, service rules, and regulations. Indian Service Laws and Regulations The distribution of pensionary benefits upon the death …

Entitlement of Predeceased Issues to Pensionary Benefits of an Intestate Deceased under Indian Laws, Service Rules, and Regulations Read More »

Child Custody Application Under Indian Law

4 minutes of reading

OVERVIEW 1. The court’s jurisdiction for a custody case is determined by the minor’s “ordinary residence”. This is primarily a question of intention, which can be a mixed question of law and fact. 2. Interim custody can be ordered by the court for the protection of the person or property of the minor. The court’s …

Child Custody Application Under Indian Law Read More »

The Intersection of Civil Procedure Code and the Indian Evidence Act

4 minutes of reading

Introduction: This comprehensive practice note aims to provide lawyers with a detailed understanding of the intersection between the Civil Procedure Code (CPC) and the Indian Evidence Act. It examines the interplay between these two crucial legal frameworks, highlighting their essential provisions and guiding principles. By understanding this intersection, lawyers can effectively navigate the civil litigation …

The Intersection of Civil Procedure Code and the Indian Evidence Act Read More »

Applicability of the Code of Civil Procedure in Family Law Matters

4 minutes of reading

Table of Contents Introduction Applicability of Code of Civil Procedure (CPC) to Family Law Overlapping Jurisdictions Pleadings in Family Law Cases Service of Summons in Family Law Matters Execution of Decrees in Family Law Appeals in Family Law Matters Inherent Powers of the Court Temporary Injunctions in Family Law Conclusion 1. Introduction This Practice Note …

Applicability of the Code of Civil Procedure in Family Law Matters Read More »

Ex Parte Decrees under the Civil Procedure Code (CPC)

4 minutes of reading

Table of Contents Introduction Definition of Ex Parte Decree Legal Provisions Preconditions for an Ex Parte Decree Procedure for Obtaining an Ex Parte Decree Setting Aside an Ex Parte Decree Consequences of an Ex Parte Decree Strategic Considerations Conclusion Checklist and Templates FAQs 1. Introduction The Ex Parte Decree is a crucial aspect of litigation …

Ex Parte Decrees under the Civil Procedure Code (CPC) Read More »

Cross-Examination: Obtaining the Truth from the Witness

3 minutes of reading

Cross-examination is a key part of the criminal trial process. It involves questioning a witness who has been called to testify in order to challenge or discredit their testimony, or to elicit new information that can cast doubt on the prosecution’s case or support the defendant’s. The art of effective cross-examination revolves around asking open-ended …

Cross-Examination: Obtaining the Truth from the Witness Read More »

Comparative Study of the CPC Provisions with International Civil Procedure Laws

4 minutes of reading

Introduction: Civil Procedure Code (CPC) plays a vital role in the adjudication of civil disputes. The provisions in the CPC govern how civil cases are to be filed, conducted, and executed. This practice note is a comparative study of the provisions of the Civil Procedure Code in India (CPC) and International Civil Procedure laws. …

Comparative Study of the CPC Provisions with International Civil Procedure Laws Read More »