Code of Civil Procedure 1908 CPC Archives - Page 9 of 13 - Lawwatch : Legal Resources for Advocates

Guardian and Ward Act, 1890 : A Brief Summary

By K Rajasekharan 15 June 2023Code of Civil Procedure 1908 CPC

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).

Permanent Lok Adalat: How it works?

By K Rajasekharan 1 June 2023Code of Civil Procedure 1908 CPC

Permanent Lok Adalat (PLA) is a judicial body consisting of one judicial officer and two technical officers. Its purpose is to consider and decide the disputes relating to public utility services such as transport, Post and telegraph, sanitation and public conveyance, conservancy, hospital, dispensary service and insurance.

Declaring a Guardian for a Person in Coma Stage

By K Rajasekharan 31 May 2023Code of Civil Procedure 1908 CPC

No law exists in India that provides for a mechanism or procedure to appoint for a person in comatose state. However, there is a law that provides for appointment of guardian for a minor as well as the persons with disabilities like mental retardation.

Collection of Parking fee in a Shopping Complex

By K Rajasekharan 7 May 2023Code of Civil Procedure 1908 CPC

A recent judgement of the High Court says in Bosco Leuis v State of Kerala, t is the prerogative of the building owner to decide whether to levy parking fee from the customers. The judgement says that if the building owner decides to levy fees it can be done after obtaining a licence from the local authority under Section 447 of the Kerala Municipality Act.

Prohibition of Child Labour in India

By K Rajasekharan 25 March 2023Code of Civil Procedure 1908 CPC

The laws in India prohibit employment of children in labour, provides for punishment for any violation but do not altogether disallow their employment. Certain forms of work done by children like running a family business or performing as a child artist, etc. are allowed under certain conditions.

Caveat: Law Relating to Its Filing

By K Rajasekharan 22 March 2023Code of Civil Procedure 1908 CPC

A caveat can be filed in respect of an application to be made or has been made in a suit or proceeding instituted at or to be instituted by another person, in a court. The Section 148 A of the Code of Civil Procedure (CPC) provides for filing a caveat. The person who files the caveat is called a caveator.

Dealing with Defamation in Civil Law

By K Rajasekharan 9 March 2023Code of Civil Procedure 1908 CPC

Defamation is making or publishing any Imputation to harm the reputation of a person or body. It is a dishonest false statement to discredit or put disrepute on a person or body. In Indian law, defamation is both a civil wrong and a criminal offence. But this write up focuses on it as a civil wrong, even though its definition in Indian Penal Code (IPC) is given to clarify the concept behind it.

Survey Officer can decide Boundaries, but not the Title

By K Rajasekharan 29 November 2022Code of Civil Procedure 1908 CPC, Property & Succession

Under Section 9 of the Kerala Survey and Boundary Act 1961 (KSBA), the survey officer has the power to determine and record any boundary as undisputed in respect of which no dispute is brought to his notice. However, they cannot decide the question of a disputed title which a court alone can do. This is what the High Court of Kerala says in Thomas and Others v Philip [ 2022 (4) KHC 451].

SC Judgement in EPF Pension Case

By K Rajasekharan 5 November 2022Code of Civil Procedure 1908 CPC

In the judgement delivered on 4th November 2022 in the EPFO v B Sunil Kumar & Connected Cases, the Supreme Court (SC) upheld the Employees' Pension (Amendment) Scheme 2014. The 2014 amendment fixed the maximum salary for joining the EPF Pension Scheme to be Rs 15,000 per month with effect from 1st September 2014.