Difference between Decree and Order

Decree As per Section 2(2), of the Civil Procedure Code defines the term. A decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determi…

Essentials of a PLAINT

Essentials of a PLAINT Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts about his cause of action. In fact, plaint consists of some contents, and it is mand…

INHERENT POWERS OF THE COURT

Meaning: The word “Inherent” is very wide in itself. It means existing and inseparable from something, a permanent attribute or quality, an essential element, something intrinsic, or essential, ves…

Temporary Injunction

Temporary Injunction refers to restraint. A temporary injunction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of…

Computation of Period of Limitation

Part III Section 12-24 of Limitation Act, 1963 provides for computation of the period of limitation. They either exclude time of reckoning the period of limitation or postpone starting point of lim…

First Hearing

First Hearing The expression “first hearing” has not been defined in the code. The first hearing of a suit means the day on which the court goes into the pleadings of the parties in order to unders…

Interpleader suit

Interpleader suit Inter-pleader suit is a suit filed by a person who has no direct interest in the subject-matter of the suit. In other words if the plaintiff is in possession of some article, thin…

Res Judicata

Res Judicata Res judicata is the Latin term for “a matter already judged”, and refers to the legal doctrine meant to bar continued litigation of cases that have already been decided bet…

Res Sub Judice

The doctrine of res sub judice aims to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations with respect to the same cause of ac…

MAGNA CARTA

The Magna Carta was signed in June 1215 between the barons of Medieval England and King John. ‘Magna Carta’ is Latin and means “Great Charter”. The Magna Carta was one of th…

CAVEAT – CODE OF CIVIL PROCEDURE

The term caveat has not been defined in the code. It is derived from Latin which means Beware. According to its dictionary meaning a caveat is an official request that a court should not take a par…

Marital Rape:Sexual Violence in India

Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent. Marital rape could be by the use …

NOTA-No Opportunity to Anyone

Introduction The introduction of NOTA in India has been hailed by many to be a spectacular step towards capturing the true spirit of democracy. However, whether NOTA can be described as an electora…

Rule of Law

Meaning and Origin: The rule of law is a product of centuries of struggle of the people for the recognition of their inherent rights. In classical Greece Aristotle wrote that “law should be the fin…