Civil law

The object of attachment before judgement is to prevent any attempt by the defendant to defeat the realisation of the decree that may be passed against him. The attachment aims to prevent the attempt of the defendant to dispose of or remove from the jurisdiction of the court, his immovable property.

Injunction is a judicial order requiring the person to whom it is directed to, to do or refrain from doing a particular act or thing. It is a preventive relief given by a court preventing a party from doing something. Injunctions are of three kinds: temporary, perpetual, or mandatory.

A breach of contract does not amount to a criminal offence of cheating, under Section 420 or 406 of the Indian Penal Code, 1860 (IPC), unless fraudulent or dishonest intention is shown right at the beginning of the transaction, says the Supreme Court (SC) in Jay Shri v State of Rajasthan.

The final Data Bank to be prepared in Kerala should contain only the details of the property which are paddy land and wetland as shown on the date on which the Conservation of Paddy Land and Wetland Act 2008 (2008 Act) came into force, says Kerala High Court in Basil v Local Level Monitoring Committee.

Executing Court must dispose of the execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay, says the Supreme Court (SC) in Rahul S Shah v Jinendra Kumar Gandhi and Others [ (2021) 6 SCC 418].

when a person who is having property abutting a public road leaves some property while constructing a compound wall and ultimately the said property became part and parcel of the public road used by all in common, it has to be inferred that the person, who left property outside the compound wall abutting the road in existence, impliedly for deemed to have surrendered the said portion of the property also as public road for his convenience and for the public at large.

An Indemnity Bond is a contract in which one party promises the other from any loss caused to him by the conduct of the person who promises or any other person. It is called a Contract of Indemnity, under Section 124 of the Contract Act, 1872.

The precise objective of the Specific Relief Act, 1963 (SRA) is to enable the party to get some special remedies or reliefs, other than the usual reliefs such as damages or compensation in monetary terms, which the contract act provides in breach of a contractual obligation by a party to it.

One common misconception is that a criminal court alone can issue warrant to enforce attendance of a witness. But a civil court also can issue warrant and commit a person to civil prison. That can be done only after issuing summons or proclamation.

The Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardians and Ward Act, 1890 (GWA) are the two acts that deal with guardianship. Both the acts define the rights, obligations, relations between adults and minors. The GWA applies to everyone regardless of caste, creed, or community and it includes the procedure on how to petition courts for the appointment of a guardian. The HMGA has an overriding effect in regard to all other laws relating to guardianship, as per Section 5 of the HMGA.

The court, on an application by a party, can appoint or declared a guardian for a ward. The purpose is to ensure the welfare of the minor and take care of the ward’s person and property, as per the Guardian and Wards Act, 1890 (GWA).