Introduction: The archaic prison regulations in India are useless in the modern era and are frequently broken. The emphasis on the urgent necessity for reforming prison rules and their enforcement in the aforementioned Oscar Wilde remark is appropriate. This is essential because it guarantees that the inmates do their function in society. The detainees are frequently denie..
Introduction Section 451 of the Code of Criminal Procedure, 1973 deals with the disposal of property in the custody of police or court. The section states that when any property is in the custody of a police officer or the court and there is no one to claim it, the officer or the court shall, after giving notice in the prescribed manner, sell or dispose of the property. The pr..
The Calcutta High Court dismissed a wife's request for extra support under Section 125 of the Code of Criminal Procedure (CrPC), observing that the wife's plea for enhanced maintenance after restricting a considerable source of the husband's income amounts to an abuse of the legal process. "This is a case where a woman stops a considerable source of income of the husb..
According to the Delhi High Court, a revision petition filed in opposition to an order mandating the registration of an FIR is maintainable because it is not an interlocutory order. The court declared that the accused had a significant right to be heard. The filing of an FIR, according to Justice Jasmeet Singh, impacts an accused person's freedom and fundamental rights. The court ..
The Supreme Court stated that it would be foolish to prosecute someone for rape under Section 376 IPC and treat every broken pledge to wed as a false promise. The bench of Justices Ajay Rastogi and Bela M Trivedi noted this while acquitting a man who was concurrently convicted in a rape case. "One cannot deny a possibility that the accused might have given a promise to marry her ..
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..
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..
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 ..
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..
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..
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..
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..
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..
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..
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..
CCI Articles
You can also submit your article by sending to article@lawyersclubindia.com
submit article