Practice Notes

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 …

Understanding the Application of ‘Order 22: Abatement and Survival of Suits’ under the CPC Read More »

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 …

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  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 »

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 …

Modes of Recovery for Insurance Companies: Execution Petitions vs. Filing Suits Following Tribunal Awards Read More »

Introduction In a recent ruling dated August 24, 2023, the Supreme Court addressed the significance of carefully examining cases where ulterior motives, specifically those driven by personal vengeance, are alleged to be behind the filing of First Information Reports (FIRs). The Court’s verdict highlights the responsibility of legal practitioners and courts to meticulously assess FIRs …

Scrutiny of FIRs Based on Ulterior Motives for Personal Vengeance Read More »