Civil Cases & Proceedures Archives - Page 7 of 13 - Lawwatch : Legal Resources for Advocates

Stay Orders will not Expire in Six months: SC

By K Rajasekharan 5 April 2024Civil Cases & Proceedures, Criminal Laws & Procedures

In High Court Bar Association Allahabad v State Of Uttar Pradesh & Ors, a Constitutional Bench of the Supreme Court (SC) on 29th February 2024 overturned its 2018 Asian Resurfacing judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.

Institutions not to Withhold Certificates in lieu of Dues

By K Rajasekharan 26 March 2024Civil Cases & Proceedures

Educational institutions cannot withhold the educational certificates of students with respect to pending payment of fees or other dues, says the Madras High Court says in M Kesavan v The Principal and Others

Removal of Public Nuisance by District Magistrate

By K Rajasekharan 26 February 2024Civil Cases & Proceedures

In urgent cases of imminent danger to property and consequent public nuisance, the District Magistrate (DM) or a Sub-Divisional Magistrate or any Executive Magistrate can exercise a ready procedure and issue a conditional order to remove public nuisance or such activities, under Section 133 of the Criminal Procedure Code (CRPC).

Attachment of Property before Judgement

By K Rajasekharan 24 February 2024Civil Cases & Proceedures

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.

Suit for Declaration without Recovery not Maintainable

By K Rajasekharan 16 February 2024Civil Cases & Proceedures, Property & Succession

A suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession of the property, under Section 34 of the Specific Relief Act of 1963.

Not to make Breach of Contract a Criminal Offence

By K Rajasekharan 23 January 2024Civil Cases & Proceedures

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.

Left over Property abutting Road forms its Part

By K Rajasekharan 16 January 2024Civil Cases & Proceedures

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.

What an Indemnity Bond is & Its Format

By K Rajasekharan 7 January 2024Civil Cases & Proceedures

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 Specific Relief Act, 1963 : An Overview

By K Rajasekharan 10 October 2023Civil Cases & Proceedures

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.