(1) Introduction: In civil litigation, the pleading is a base and the main element of every civil suit. Every party must present the proper pleading to establish his rights defense or to prove his case. But, is this enough for a party to submit only his pleadings in Court? Every pleading is the main foundation […]
(1) Introduction: The trial could be different in every criminal case, depending on the seriousness of the offence in the provision of the criminal procedure code. There are different types of trials, including summary trials, summons case trials, warrant case trials, trials in the high court, and trials in the sessions court. The summary is […]
Question: If the death of the Complainant is in the S.138 NI Act, can the legal heir of the deceased complainant continue to proceed in the cheque bounce case U/s.138 of the NI Act? The answer to the question is yes. If the complainant dies during the pendency of the trial of the cheque bounce […]
Question: Will demand notice be faulted if any other sum is indicated in addition to the said amount u/s.138 (b) of N.I. Act? The answer is no. According to the provision of The Negotiable Instrument Act,1881, Section 138 (B), the answer deals with the demand notice that the chequeholder gives. When we read Clause (b) […]
(1) What is a Gift Deed? A Gift Deed means, In a simple term, we can say that a Gift Deed is a written document created by the donor in favor of the donee. Here the donor means a person who gives a gift, and a donee means a person who receives a gift from […]
What is a pleading in law? Pleadings are the foundations of the lawsuit. Any case or trial lies inside the foundations of pleadings. This means pleadings are documents filed by the parties in the suit, and on the basis of that element of the lawsuit, parties in the litigation can make their perfect legal stand. […]
What is the cause of action? The cause of action is a bundle of facts that allows a person to establish his or her legal rights against another. If a person is violating his constitutional rights because of certain circumstances, he can defend his rights instantly. He must show how his lawful right has been […]
Definition of a legal representative under S. 2 (11) of CPC “Legal representative,” as defined in the Civil Procedures Code, under s.2(11), means a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased and where the party sues or is prosecuted […]
Question: Can the defendant cross-examine the plaintiff’s witness without filing a written statement in a suit? The answer to this question is yes. The defendant can cross-examine the plaintiff and his witness without filing a written statement in the suit. According to Basalingappa Chinnappa Goudar vs. Shantavva And Ors ILR 2002 KAR 260, the Karnataka […]
(1) What is a gift cheque? The gift cheque is another banking instrument used to gift money to loved ones, alternatively to hard cash. People use various types of cheques not only to make business or financial transactions easy and safe. In this global world, people may also like to use cheques for many other […]