In India, under Section 311 of the Code of Criminal Procedure (CrPC), the court has the authority to summon or recall any person as a witness at any stage of a trial if it considers their testimony essential to the interests of justice. This provision ensures that no aspect of a case is overlooked and …
Scope and Limitations of Court’s Power to Summon Witnesses Under Section 311 CrPC Read More »
The Supreme Court of India’s decision in Civil Appeal No. 10327 of 2011, involving Munishamappa versus M. Rama Reddy & Ors., presents a complex legal scenario, particularly relevant to lawyers. This analysis will dissect the judgment’s nuances, emphasizing its implications for property law, contract law, and legal procedures in India. Background of the Case The …
Agreement to Sell Does Not Transfer Property Ownership Rights Read More »
Introduction Order 22 of the Code of Civil Procedure, 1908 (CPC), plays a pivotal role in civil litigation in India. It addresses the procedural framework for the abatement and survival of suits in cases of death, marriage, and insolvency of parties involved. Key Provisions of Order 22 Automatic Abatement (Rule 1): A suit automatically abates …
I. Introduction The term ‘Ex parte decree’ under the Civil Procedure Code (CPC) holds significant jurisprudential implications in the Indian legal landscape. An ex parte decree is a judicial decision passed in the absence of one of the parties involved in the case. This practice note aims to provide an exhaustive and comprehensive analysis …
The Jurisprudential Analysis of ‘Ex parte Decree’ under the CPC Read More »
Introduction Brief overview of the Civil Procedure Code. Importance of ‘Order 41: Appeals from Original Decrees’ in the context of the CPC. Objectives of the practice note. Historical Context and Evolution of Order 41 Historical background of the Civil Procedure Code. Development and amendments to Order 41 over time. Key Provisions of Order 41 …
Introduction The Code of Civil Procedure, 1908 (CPC) is the primary legislation governing civil procedures in India. It provides for various procedures through which civil cases can be disposed of. One such procedure is the “summary procedure,” which is designed to expedite the resolution of civil disputes, particularly those involving small claims. This practice …
Disposal of Civil Cases – Summary Procedures under the CPC Read More »
I. Introduction Framing issues is a fundamental step in the process of litigation. Properly framed issues not only guide the course of the trial but also determine the admissibility of evidence and the ultimate outcome of the case. The Code of Civil Procedure (CPC) in many jurisdictions provides a framework for framing issues. This comprehensive …
Mastering the Art of Framing Issues under the CPC Read More »
Viewfinder: Ranjit Publicity Pvt Ltd had challenged the decision of the Jammu Municipal Corporation for rejecting its technical bid concerning e-NIT No. 78(P) of 2022-23, which dealt with fixing Static Ad Panels in Jammu City. The corporation’s decision favored another bidder, M/S Altaf Constructions. The Court examined if the rejection was arbitrary or if any …
J&K&L High Court Clarifies Arbitrariness in Bid Rejection Read More »
The Government of India has announced the appointment of Shri Mir Syed Latif as the new Judicial Member of the Central Administrative Tribunal (CAT). The decision comes as part of a broader effort by the government to strengthen and enhance the functioning of administrative bodies. Shri Mir Syed Latif, a distinguished advocate, has been appointed …
Insurance companies often find themselves in situations where they are required to pay compensation as a result of judgments passed by Tribunals in cases of accidents involving motor vehicles. In such scenarios, the question arises as to how insurance companies can recover the compensation amounts paid to claimants from the vehicle owners. This practice note …
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