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 …
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 …
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 …
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 …
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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 …
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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 …
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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 …
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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. …
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Contents: Introduction Objectives of the Limitation Act Overview of Civil Procedure Code (CPC) The Interplay between the Limitation Act and the CPC 4.1. Bar on Suits 4.2. Computation of Period of Limitation 4.3. Exclusion of Time 4.4. Extension of Prescribed Period 4.5. Continuity of Suits 4.6. Application for Execution Comparative Analysis Conclusion Tables for Ready …
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Procedural fairness, commonly known as natural justice, is a fundamental aspect of the law that ensures fair and unbiased treatment in the execution of legal proceedings. Under the Code of Civil Procedure (CPC), procedural fairness plays a vital role in ensuring that parties are treated impartially, and justice is served. This practice note aims to …
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