Introduction The term “inherent” means “natural” or “existing and inseparable from something. Hence, as the term suggests inherent powers are those powers which may be exercised by a court to do full and complete justice between the parties before it. Every court is constituted certain powers for the purpose of Read more…
Meaning of Plaint A plaint can be understood as a statement of claim, a document, by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the court is sought by the plaintiff. It is a pleading of the plaintiff. Order Read more…
Section 113 of the code empowers a subordinate court to state a case and refer he same for the opinion of High Court. Such an opinion can be sought when the court itself feels some doubt about a question of law. Such an opinion can be sought by a court Read more…
Meaning of Caveat The term caveat has no where been defined, but it is derived from a Latin word which means “beware”. A caveat is a caution or warning given by a party to the Court not to take any action or grant any relief to the applicant without notice Read more…
Meaning of Restitution In layman’s terms, restitution can be understood as an “act of the restoration of something to its original state.” Restitution is restoring of anything unjustly taken from another. It means residing to a party the benefit which the other party has received under a decree subsequently held Read more…
Introduction Section 11 of the Code embodies the doctrine of res-judicata. It enacts that one a matter is heard and finally decided by a competent court, no part can be permitted to re- open it in subsequent litigation. In absence of such a rule there will be no end to Read more…
Introduction Section 10 of the Code pf Civil Procedure deals with the rule of res-subjudice. “Subjudice” is a Latin term meaning “under judgement”. It denotes that a matter or case is being considered by a judge. When two or more cases are filed by the same parties for the same Read more…
Temporary Injection Temporary injunction is provided under order XXXIX ( Rules 1-5) of C.P.C As per section 37(2) of specific Relief Act,1963 An injunction is defined as a judicial process whereby a party is required to do or to refrain from doing any particular act. An Injunction is a order Read more…
Order XXXIII of the Civil Procedure Code talks about suits by indigent persons. Section 304 of Criminal Procedure Code, and Article 39A of the Indian Constitution respectively mention, Legal aid to accused at state expense in certain cases, and equal justice and free legal aid. Indigent person meaning: Rule 1 Read more…