What is the reopening of partition under Hindu law? When we look into the historical family concept of India, traditionally, it will begin as a joint or undivided family. This concept comes with India’s cultural and regional parts, which is the basis of Hindu law. All family members like mother, father, sister, etc., live together […]
When Does the Court Order the Appointment of a Commissioner in the Civil Suit?
Introduction The court appoints a commissioner in a civil suit to do some work on his official duty. However, it is not compulsory for every case; the court can not routinely pass such an order. The Civil Procedure Code 1908, Section 75, and Order 26 refer to the appointment of a commissioner in a civil […]
When there is no sufficient ground to prosecute the accused, the trial Judge is bound to discharge the accused.
Criminal P.C. (2 of 1974), S.227- It is clear from Section 227 that the trial Judge is bound to discharge the accused if he considers there is no sufficient ground for proceeding against him. First, we have to know what the provision of section 227 of Crpc is saying? Section 227 of the Criminal Procedure […]
An injunction order based on an undertaking, can be punishable if party makes violation of it.
If the party has given an undertaking, it has become a ground for rejecting the injunction order. The undertaking is part of the order, and violating it makes the party liable for punishment. Punishment for breach of an injunction under Order 39 Rule 2 (3) of the Civil Procedure Code,1908 At the time of hearing […]
Admissibility of Hearsay Evidence under the Indian Evidence Act, 1872
Introduction: Evidence is an essential part of the legal proceedings to prove or disprove the fact and truth of the event, and it enables the court to pass appropriate judgment. Many kinds of evidence available in India these are governed under the Indian evidence act,1872; hearsay evidence is among them, which is directly not counted […]
The Concept Of Restitution Of Conjugal Rights Under Hindu Law
Introduction: Marriage in India is governed by personal law. All these personal laws have a particular provision regarding the restitution of conjugal rights. We can say that the main aims of the conjugal rights or restitution of conjugal rights are to protect the spouse’s marriage life and make a good and healthy relationship between the […]
Know The Difference Between Res Judicata And Estoppel With Case Laws
(1) Introduction: The meaning of res judicata and estoppel look like the same, but there are some difference between them. Whether a party has a right to file litigation again which subject matter is already verdict? No one can file civil litigation based on the same subject matter between the same party which is already […]
How to Settle Property Line Disputes with a Neighbour?
(1) Introduction: The property line dispute may arise very commonly with our Neighbour. Sometimes, it may be directly or indirectly. Many times, we face issues regarding our property boundary line with Neighbours. There is no straitjacket formula to find out every property line dispute. It can vary on different types of boundary disputes can arise. […]
How Many Types Of Property Available Under the Law?
Introduction: When we think about a property, we have many questions, such as, What can be called a property? How to define, What is property? This question arises because of the Large and Wider concept of property. When we are talking about the types of property Concepts in India, the property may be Tangible, intangible, moveable, […]
What are the main grounds for rejection of plaint under CPC? Ι Order 7 Rule 11 of CPC
Introduction: The provisions of Order VII of the Civil Procedure Code,1908, specify some grounds for rejecting paint. That provision enables the Court to dismiss the lawsuit at any stage. There are many grounds for rejecting the Plaint. In this article, we discuss all the reasons for dismissing the suit. The civil procedure code has a […]