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 mandatory that such contents should be present in plaint. Order 7 Rule 1 of CPC lays down that a plaint must contain the following particulars;- Plaint… Read More »

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 or until further orders of the court. A temporary injunction is interim in nature, granted on an interlocutory application of the plaintiff. Injunction… Read More »

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 understand their contentions. The machinery of the court is set in motion by the presentation of a plaint, which is the first… Read More »

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, things or property (in which he is not having direct interest or he may be a custodian or stake holder) and if he is… Read More »

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 between the same parties. Res Judicata is a rule of universal law pervading every well regulated system of jurisprudence and is based upon a practical necessity that there… Read More »

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 the most important documents of Medieval England. It was signed (by royal seal) between the feudal barons and King John at Runnymede near Windsor Castle. The document was a series of written promises… Read More »

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 of force only, a battering rape or a sadistic/obsessive rape. It is a non-consensual act of violent perversion by a husband against… Read More »