Indian Constitution: Federal or Quasi-Federal

Indian Constitution: Federal or Quasi-Federal The Indian federalism was designed on the basis of the working of the federalism in USA, Canada and Australia. Yet it deviates from those federalism in many respects and establishes its own distinctive features. There is a difference of opinion among scholars about the nature of Indian constitution — whether it is federal… Read More »

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 determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It can be final or preliminary. It… Read More »

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 »