Civil law

One of the modes of execution of a decree for payment of money, exceeding Rupees two thousand, is arrest and detention of the judgment debtor (JD) in a civil prison. The purpose of this write up is to discusses the mode and procedure for putting a judgment debtor (JD) in civil prison, as part of execution of a decree, when he is unable to satisfy the decree against him.

In a civil suit, if the court finds that a local investigation is required or proper the court can issue a commission to a person as it thinks fit and ask him to make an investigation and report the matter thereon to the court, under Section75(b) and Order 26 rule 9 of the Civil Procedure Code (CPC).

When a person against whom a void or voidable written instrument exists and he has reasonable apprehension that such instrument is left outstanding it may cause him serious injury, he can sue to have it adjudged and cancelled, under Section 31 of the Specific Relief Act, 1963.

A false declaration made by a candidate in regard to his/her educational qualification can be brought within the purview of sec. 123(4) of Representation of People Act, 1951, as a corrupt practice, says Delhi High Court in Yogendra Chandolia v Vishesh Ravi and Others.

Return of a plaint is quite different from rejection of a plaint by a civil court. The Order 7 Rules 10 and 10B speak about return of plaint.

The object of rejection of plaint is to weed out frivolous, vexatious and improper plaints at the very outset. Institution of a suit is by presentation of plaint in the manner prescribed by law in Order 6 and 7 of the Civil Procedures Code (CPC). A plaint shall not be duly instituted unless it complies with the requirements specified in Order 4 of the CPC. The court shall ensure entering the particulars of every suit in a register of civil suits and number them in every year in a serial order as the plaints are admitted.

When a public nuisance or other wrongful act affecting or likely to affect the public occurs, two or more persons or the Advocate General can file a suit for a declaration and injunction or for such other appropriate relief in a civil court, after obtaining leave of the court, under Section 91 of the Civil Procedure Code, 1908 (CPC).

The Kerala Headload Workers Act is not applicable to engagement of a person by an individual for domestic purposes. It is applicable to engagement or employment of persons directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment, and includes any person not employed by any employer or contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages.