Table of Contents Introduction Purpose and Importance Procedural Steps Examination-in-Chief Cross-Examination Re-Examination Recording of Statements Hostile Witnesses Affidavits in Lieu of Examination Expert Witnesses Conclusion 1. Introduction The preliminary examination of witnesses under the Code of Civil Procedure (CPC) is a critical stage in a civil trial, which helps the court to ascertain the truth. …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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