Civil law Archives - Page 6 of 9 - Lawwatch : Legal Resources for Learners

Recording wife’s telephone Conversation Unlawful

By K Rajasekharan 30 January 2022Civil law, Evidence law

Recording of telephonic conversation of wife, without her knowledge, is a clear-cut infringement of her privacy, observes the Punjab & Haryana High Court in Neha v Vibhor Garh delivered on 12 November 2021.

Arrest & Detention of JD in Execution Petition

By K Rajasekharan 28 January 2022Civil 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.

Commission for Local Investigation under CPC

By K Rajasekharan 14 January 2022Civil law

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).

False declaration in Election can be a Corrupt Practice

By K Rajasekharan 30 December 2021Civil law

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 under Civil Procedure Code

By K Rajasekharan 26 December 2021Civil law

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.

Rejection of a Plaint under the CPC

By K Rajasekharan 26 December 2021Civil law

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.

Substantial Question of Law & Second Appeal

By K Rajasekharan 3 December 2021Civil law, Constitutional law

A second appeal lies to the High Court (HC) from every decree passed in appeal by any subordinate court if the HC is satisfied that the case involves a substantial question of law. If satisfied the HC shall formulate that question. The Memorandum of Appeal shall state the substantial question of law proposed.

Attestation Unnecessary for Many Legal Instruments

By K Rajasekharan 30 November 2021Civil law, Evidence law

Every instrument under the law in India does not require attestation. Even if it is attested the court may not be conducting the examination of them unless the document is required to be attested as per law. However, attestation of the instrument and consequent examination of the attesting witnesses as part of proving it are essential requirements in instrument such as a Will when law prescribes so.

Law on Co-owner selling his Undivided Share

By K Rajasekharan 22 November 2021Civil law, Property & Succession

A co-owner in a joint property can sell his undivided share of property to anyone. But he cannot sell the specific piece of land with marked boundaries from the joint property. A selling of a share of property by co-owner in essence means the buyer steps into the shoes of his seller. The buyer is clothed with all the rights and liabilities of his transferor. So, the buyer becomes as much a co-owner as his transferor was before the property transfer.

Legality of a Person’s Will in regard to his Dead Body

By K Rajasekharan 21 November 2021Civil law, Property & Succession

Dead men are no longer persons in the eye of the law. They are devoid of much rights and no sort of liabilities. They no longer remain as the owners of their property even till their successors enter upon to take care of their inheritance. They have inheritable and uninheritable rights. Personal rights are uninheritable and they are wholly extinguished by his death. Proprietary rights on the other hand are usually inheritable. The successors step in as owners of his property at the moment he dies.

Suit against Public Nuisance u/s 91 CPC

By K Rajasekharan 17 November 2021Civil law

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).

Termination for hiding facts during Selection

By K Rajasekharan 14 November 2021Civil law, Constitutional law

In Avtar Singh v Union of India & Ors delivered on 21 July, 2016, a three-judge bench of the Supreme Court (SC) considered various decisions on the question of suppression of information or submitting false information in the verification form as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case. In the judgement the SC resolved the conflict of opinion in the various earlier decisions of its Division Benches and arrived at some guidelines in deciding such issues.