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Order VI Civil Procedure Code India

Introduction  Order VI of the Code of Civil Procedure (CPC) deals with pleadings in a civil suit. Pleadings are the written statements of the parties in a case, in which they set out their respective claims and defences. The purpose of pleadings is to give the court and the opposing party notice of the issues in dispute, so that the court can determine the scope of the case and..

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All About Order VII CPC

Introduction: For the purpose of starting the lawsuit in the Civil/Commercial Courts, the plaint is filed. The rules of the Code will apply to any court hearing civil cases. The Court's dismissal of the complaint is addressed in Order VII of the Code of Civil Procedure. The article will cover the rules, the reasons for rejection, the deadline for resubmitting the complaint after..

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Award Debtor Did Not Rely On Section 26 Of The Arbitration Act; Cannot Challenge The Following Award Claiming Expert Was Not Examined: High Court Of Bombay

The Bombay High Court has ruled that an award debtor cannot seek to set aside the award because the expert, whose report was relied upon by the arbitrator, was not questioned by the opposing party if they have not utilized the provisions of Section 26 of the Arbitration and Conciliation Act, 1996 (A&C Act). The bench of Justice Manish Pitale was handling a petition challenging an ..

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S. 308 Ipc | Intention Or Knowledge & Circumstances In Which The Act Is Committed Is Material, Not Injuries: Allahabad High Court

According to the Allahabad High Court, it is not the injuries that constitute an offense under Section 308 of the Indian Penal Code; rather, it is the intention or knowledge of the perpetrator as well as the circumstances surrounding the crime. When upholding an order of the Sessions Judge in Varanasi rejecting the discharge request made by a man accused of violating sections 147, 148..

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Major Unmarried Daughter Not Entitled To Maintenance From Father Upon Simple Pretext That She Is Unable To Maintain Herself (s.125 Crpc): Hc Kerala

The Kerala High Court reaffirmed that an unmarried daughter who has reached the age of majority is not entitled to maintenance from her father under Section 125(1) CrPC simply because she lacks the wherewithal to support herself. The Court noted that under Section 125(1) CrPC, an unmarried daughter who is unable to support herself due to any physical or mental abnormality or injury ma..

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All About Order IV CPC

Introduction: The Courts of Civil Judicature operate under the rules of the Code of Civil Procedure, 1908. A code is often a series of regulations that govern how a matter moves through the court system, as described by Section 2 (1) of the Code of Civil Procedure, 1908. The Code of Civil Procedure, 1908 is regarded as a code because it governs civil procedures in Indian territory a..

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Introduction: The common law system gave rise to the concept of admission, which is now part of both the criminal and civil branches of the Indian court system. Admissions help matters be resolved quickly and with the least amount of litigation. It guarantees quick, easy, and affordable justice. This principle is included in the Code of Civil Procedure (hereafter CPC), which also gi..

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CPC Order XIII Analysis

Introduction  Order XIII of the Code of Civil Procedure (CPC) in India deals with the procedure for the examination of witnesses. The order lays out the rules for summoning witnesses, recording their evidence, and producing documents in court. Under Order XIII, the court has the power to summon any person as a witness, including the parties to the suit, and require th..

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Contempt Of Court Act 1971

Introduction:  The crime of disrespecting or being belligerent toward a court of law is known as contempt of court. Contempt of Court proceedings may be triggered by disrespecting judges or other legal representatives while in court or by defiantly disobeying a court order. If someone is found guilty of contempt of court, the judge may impose punishments including a fine or inc..

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All About Order Xi Cpc Analysis

Order XI of the Code of Civil Procedure (CPC) in India deals with the dismissal of suits for default of appearance or non-prosecution. According to this order, if a plaintiff fails to appear in court when the case is called for hearing, or if the defendant fails to appear and has not filed a written statement, the court may dismiss the suit. The dismissal may be with or without prejudice, depen..

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The Ndps Act States That A Vehicle That Is Driving Another Vehicle Carrying Contraband Is Not A Conveyance Vehicle And Cannot Be Seized. High Court Of Kerala

The Kerala High Court recently answered no to the question of whether a vehicle driving or traveling alongside another vehicle that is transporting narcotics and psychotropic substances could be considered a vehicle used as a conveyance in carrying the contraband to seize it under Section 52-A of the NDPS Act. The Single Judge Bench of Justice A. Badarudeen noted that it goes beyond t..

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The Bombay High Court Grants Pre-arrest Bail To A Neighbour Who Was Charged Under The Sc/st Act For Whistling And Claims That Doing So Does Not Indicate A Desire For Sexual Activity.

Three people accused of crimes against a member of a Scheduled Caste were recently granted anticipatory bail by the Bombay High Court, which noted that just because an accused individual made noise in his own home doesn't necessarily suggest that it was done with sexual purpose. "We cannot assume that just because a person makes some noise in his home, that person has some so..

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Gold In The Pocket Without The Necessary Documentation Raises Suspicions Of Tax Evasion, According To The Kerala High Court

According to the Kerala High Court, having gold in your pocket without the necessary paperwork raises suspicions of tax avoidance. There is no reasonable explanation, according to Justice Gopinath P. bench, for the mismatch between the number of documents the petitioner brought before the department that evening and the amount of gold that was taken from the petitioner. The ..

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Hindu Marriage Act S.28 Prevails Over Family Courts Act S.19, And 90-day Appeal Preference Period: Gujarat High Court

The Gujarat High Court has reaffirmed that under the Hindu Marriage Act, 1955 (the Act), a matrimonial dispute appeal must be filed within 90 days of the Family Court's decision or judgment. The ruling clarifies the conflict between the two sections because, while Section 19 of the Family Courts Act only allows for a 30-day appeal period, Section 28 of the Hindu Marriage Act provi..

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Owners Are Also Liable When A Vehicle Is Driven With Too Much Weight, Per Section 113(3) Of The Motor Vehicles Act, Kerala High Court

The Kerala High Court noted on Friday that owners of the cars are also subject to prosecution under Section 113(3) of the Motor Vehicles Act, 1988 if they allowed the vehicle to be driven with an excessive amount of weight. The court stated that after hearing several petitions contesting the actions taken under Sections 113(3)(b) and 194(1) of the Motor Vehicles Act, the complaints ra..

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