Code of Civil Procedure 1908 CPC Archives - Page 12 of 13 - Lawwatch : Legal Resources for Advocates

Owner can Transfer his Property during Litigation

By K Rajasekharan 13 July 2021Code of Civil Procedure 1908 CPC, Property & Succession

When a property is under a pending court case, the property can be transferred to a third party without court's prior permission, if there is no specific court order prohibiting its transfer. In such a transfer, the transferee is bound by the ensuing judgement of the suit. This principle is called lis pendens in law.

Model Tenancy Law: Its Essential Features

By K Rajasekharan 12 June 2021Code of Civil Procedure 1908 CPC

Model act, a framework for the states The Government of India has framed a Model Tenancy Act on 2nd June, 2021, though land is a state subject. It would serve…

Breach of a Contract & Its Legal Remedies

By K Rajasekharan 8 June 2021Code of Civil Procedure 1908 CPC

Introduction A contract is an enforceable agreement between two or more parties consented to it for a lawful consideration and lawful object. Any breach of contract entitles the aggrieved party…

Promissory Note : Laws Governing it

By K Rajasekharan 31 May 2021Code of Civil Procedure 1908 CPC, Negotiable Instruments Act

Promissory Note is a specific written promise to pay a debt. It is a negotiable instrument. In the instrument, one party (the maker) promises in writing to pay a specific sum of money to the other (the lender) either at a fixed future date or on demand by the lender or his/her orders. The Note is given against the amount of loan the promisor has received.

Question of Law can be brought before SC at any Stage

By K Rajasekharan 24 May 2021Code of Civil Procedure 1908 CPC

Seminal question upheld by the SC In a recent judgment in K Lubna v Beevi, the Supreme Court (SC) upheld that a pure question of law can be examined at…

Ordering Police Assistance by a Civil Court

By K Rajasekharan 23 May 2021Code of Civil Procedure 1908 CPC

Police assistance by civil courts No specific provision is provided in the Civil Procedure Code, 1973 (CPC) for enabling a civil court to order police assistance to a party to…

Temporary Employees cannot be made Permanent

By K Rajasekharan 23 May 2021Code of Civil Procedure 1908 CPC, Constitutional law

Not to make temporary employees permanent The judgment of the Constitutional Bench of the Supreme Court (SC) in The Secretary, State of Karnataka v Umadevi in the year 2006 categorically…

Attachment of Salary of Government Officers

By K Rajasekharan 23 May 2021Code of Civil Procedure 1908 CPC

Salary, allowance or associated benefits of an official of the government, Company, Government owned Corporation, Railway, Local Authority or private establishment can be attached, as an item of property, while executing a decree by a court, as the law stipulates.

Law relating to Vakalatnama in Civil Cases

By K Rajasekharan 23 May 2021Code of Civil Procedure 1908 CPC

The Vakalatnama enables the advocate appearing for the litigant to do several acts as an agent of the litigant who remains as the principal. It creates a special relationship between the lawyer and the litigant. It regulates the extent of delegation of authority to the advocate in regard to the conduct of the judicial proceedings and the terms and conditions governing such delegation. It should, therefore, be properly filled, attested and accepted with due care and caution.

Filing of Written Statement after Ninety days

By K Rajasekharan 23 May 2021Code of Civil Procedure 1908 CPC

Provision on filing written statement As per the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), the defendant is obligated to present a written…