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LawFinderBlog » Procedure
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05
AUG
2022

An Ode to Lawyering

After passing out, in early 1980s, from awesome campus of Mahindra College Patiala, on completion of my graduation in English Literature, I thought, joining M.A. (English) was the only and the most natural way to go forward, not only because I thought it was my natural calling...
09
JUN
2022

Intervention of third Parties Including Defacto Complainant in Criminal Proceedings

Discussion over the Legality of Intervention by a third party in a Criminal Proceedings has drastically changed over a time. That traditionally No Stranger has a right to intervene in the criminal proceedings in “Thakur Ram v. State of Bihar” cited in AIR 1966 SC 911...
14
MAY
2022

Legal And Functional Perspective of Primary Evidence

It is a cumbersome task to classify the documents into various categories. The wisdom of the legislature in the year 1872 has to be appreciated in this regard. Not only the classification of documents into different categories have been made but it is equally a tedious task to...
05
APR
2021

Frame of A Suit: Order II of the Code of Civil Procedure, 1908

Introduction The philosophy and principle underlying Order II is to discourage and minimize litigation. The law has always frowned upon multiplicity of litigation since less litigation is seen as a sign of a peaceful, progressive and developed society. Hence, Order II has rightly...
01
OCT
2020

Order XII Rule 6 – A Decree By Consent And the Challenges Ahead

“No one can make you feel inferior, without your consent” A decision of a civil suit culminates into a decree and the party in whose favour suit is decided, becomes the decree holder and the opposite party, against whom the suit is decided becomes the Judgement...
16
AUG
2020

Nip The Evil In The Bud-Says Order 7 Rule 11

A clear Rejection is always better than a fake promise. A “Suit“, is a proceeding by a party or parties against other/s in the civil court of law. The archaic term “suit in law” is found in only a small number of laws still in effect today. The term...
17
JUL
2020

Stare Decisis – The Principle Of Precedents And Its Practice In India

Introduction The principle of binding nature of precedents is known as Stare decisis et non quieta movere. Courts have developed this principle to ensure consistency and predictability in judicial matters. In the event of an ambiguity in interpretation of a provision of law or a...
06
JUL
2020

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Stay “off” the Suit- Says Res Sub Judice

The common meaning of the word Sub Judice in Latin is “under a judge”, which means that a particular case or matter is under trial or being considered by a judge or court. The sub judice rule is a rule of court, a statutory rule, a convention, and a practice that has...
30
JUN
2020

Courts In India : Divided By English As A Common Language

“You can never understand one language until you understand at least two.” – Geoffrey Willans In today’s competitive world, the legal professionals and the litigants expect that their concerns are communicated and conveyed through effective ideas and...
25
MAY
2020

Applicability of Section 100 CPC for Second Appeals in the Punjab and Haryana High Court

A decision of a civil suit culminates into a decree and the party in whose favour suit is decided, becomes the decree holder and the opposite party, against whom the suit is decided becomes the Judgement Debtor. A decree passed by the court of first instance, (popularly called...
15
OCT
2019

Does Section 27 of Indian Evidence Act, 1872 Need an Amendment?

Suppose a person X is an accused in the offence of commission of murdering Z and he has been arrested by the police. During investigation, X confesses in police custody that he has committed murder of B by giving him knife blow in his stomach and after the murder, he concealed...
12
AUG
2019

Which out of the conflicting judgments of co-equal Benches is binding ?

Article 141 of the Constitution of India commands that the law declared by the Supreme Court shall be binding on all the courts within the territory of India. Judges of all other courts are thus bound to follow the decisions of the Supreme Court irrespective of their own views on...
31
JUL
2019

Volunteering Information

Court cases are always decided on the basis of the evidence recorded in the case. No effective judgment can be passed by the court without recording and appreciating the evidence fortifying the facts of the case. The trial of a civil case starts after framing of issues with the...
18
MAR
2019

Section 89, Civil Procedure Code, 1908 : A Critical Analysis

The 1990s brought liberalization to India, and with it came a docket explosion crisis, the ramifications of which we are still dealing with. S. 89 was inserted in the Code of Civil Procedure through its 1999 Amendment Act,[1] based on the recommendations of the Malimath Committee...
28
FEB
2019

Reversionary Suits

Since a long time, a coparcener in northern Punjab (after partition) challenged sale deed of joint family property made by Karta of Joint Hindu family under Hindu Law or reversionary heir challenged the alienation of ancestral property under the customary law. It may be noted...
11
MAY
2015

Concept of Plea Bargaining in India – A critical analysis

Introduction Society cries for justice when a crime is committed. It cries more when criminal trial does not commence in time and it loses its faith when justice is denied to the victim because of the delayed trial and non-conviction of the guilty. The Supreme Court declared in...