Practice Notes

Table of Contents Introduction Legislative Framework 2.1 Overview of Order 38, Rule 5 of CPC 2.2 Objectives Prerequisites for Attachment Before Judgment 3.1 Prima Facie Case 3.2 Defendant’s Intent to Obstruct or Delay 3.3 Safeguarding the Interests of the Plaintiff Procedure for Attachment Before Judgment 4.1 Application for Attachment 4.2 Notice to Defendant 4.3 Security …

A Study on Attachment Before Judgment under the CPC (Code of Civil Procedure, 1908) Read More »

Contents Introduction Text of Section 151 Objectives When Can Courts Exercise Inherent Powers? Limitations on the Use of Inherent Powers Comparative Analysis Application in Different Stages of Proceedings Conclusion Annexure: Examples and Case Studies 1. Introduction Section 151 of the Code of Civil Procedure, 1908 (CPC) confers inherent powers on the civil courts to make …

Role and Importance of Section 151 in CPC: Inherent Powers of the Court Read More »

Table of Contents Introduction Objective of Pleadings Order 6 of CPC 3.1 Overview 3.2 Key Rules Order 6 Rule 17 of CPC 4.1 Text of the Rule 4.2 Scope 4.3 Conditions 4.4 Principles Governing Amendment Practical Considerations Judicial Trends and Interpretation 1. Introduction In civil litigation, pleadings are the backbone of the case. They define …

Amendment of Pleadings: An Insight into Order 6 Rule 17 of the Code of Civil Procedure (CPC) Read More »

Table of Contents Introduction Text of Section 10 Key Terms and Definitions Objective of Section 10 Conditions for Applicability Court’s Discretion Distinction Between Section 10 and Other Relevant Sections Practical Implications Concluding Remarks 1. Introduction Section 10 of the Code of Civil Procedure, 1908 (CPC) plays a vital role in avoiding the multiplicity of proceedings …

Stay of Suits: Understanding Section 10 of the Code of Civil Procedure (CPC) Read More »

Table of Contents Introduction Temporary Injunctions 2.1 Definition 2.2 Legal Provisions 2.3 Objectives 2.4 Grounds 2.5 Procedure 2.6 Duration & Revocation Interim Orders 3.1 Definition 3.2 Legal Provisions 3.3 Types of Interim Orders 3.4 Procedure Comparative Analysis: Temporary Injunctions vs. Interim Orders Case Laws 1. Introduction Temporary Injunctions and Interim Orders are provisional remedies available …

A Detailed Analysis of Temporary Injunctions & Interim Orders under the Civil Procedure Code (CPC) Read More »

Table of Contents Introduction Order 39: Temporary Injunctions a. Grounds for Temporary Injunction b. Procedure for Obtaining Temporary Injunction c. Types of Temporary Injunctions d. Powers of Court under Order 39 Order 41: Appeals a. Grounds for Appeal b. Procedure for Filing Appeal c. Stay of Proceedings and Granting of Injunction d. Powers of Appellate …

Injunctions in Civil Law: Understanding Orders 39 and 41 of the CPC Read More »

Table of Contents Introduction Legal Provisions Essential Conditions for Res Judicata Types of Res Judicata Exceptions to Res Judicata Comparative Table: Essential Conditions and Exceptions Practical Tips for Lawyers Case Laws 1. Introduction Res Judicata is a fundamental legal doctrine that prevents a dispute, once adjudicated by a competent court, from being re-litigated in another …

Res Judicata Principles under the Code of Civil Procedure Read More »

Table of Contents Introduction Key Provisions and Concepts 2.1 Jurisdiction 2.2 Pleadings 2.3 Summons and Service 2.4 Motions and Discovery 2.5 Trial and Judgment 2.6 Appeals 2.7 Execution and Costs Interpreting the Code Technological Innovations and E-Processes Key Case Law International Comparative Analysis Best Practices 1. Introduction The Code of Civil Procedure (CPC) is the …

Navigating the Code of Civil Procedure: Insights for Modern Practitioners Read More »

Civil procedure is a crucial component in the administration of justice. It governs the process and procedures that courts follow when handling civil lawsuits. Lawyers play an integral role in this process, and employing efficient practices can not only save time and resources but also can affect the outcome of the case. This guide aims …

Efficient Practices in Civil Procedure: A Comprehensive Guide Read More »

Contents Introduction Historical Background Structure of the Code of Civil Procedure (CPC) Body of the Code First Schedule Rules and Orders Sections and Orders Table Key Provisions Table: Important Sections Table: Important Orders Jurisdiction Types of Jurisdiction Jurisdictional Issues Suits of Civil Nature Definition Differentiating Civil Suits from Other Suits Pleadings Purpose and Importance Rules …

Interpreting and Applying the Code of Civil Procedure: An Overview for Indian Lawyers Read More »