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All About Section 21 Of The Code Of Civil Procedure, 1908

KEY TAKEAWAYS  Section 21 of the Code of Civil Procedure, 1908 allows courts to issue summons and notices in civil cases. The court must have jurisdiction over the case to issue summons or notices. Summons should be served personally, while notices can be served by post or other means as directed by the court. INTR..

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Car accident claims: Decoding and understanding the process

Car accidents are, unfortunately, a common occurrence throughout the world. In the UK, the 2021 annual report shows that approximately 1,558 people lost their lives as a result of traffic colli..

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In The Case Of Brd Securities Ltd Vs Union Of India & Ors Before Honorable High Court Of Kerala

FACTS OF THE CASE  The present writ petition is filed by the petitioner who is registered as a Non-Banking Finance Company with the Reserve Bank of India carrying on the business of asset financing. On 18.03.20, second respondent SEBI issued a show cause notice to the petitioner alleging violation of provisions of the Companies Act, 1956 and SEBI Regulations ..

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In The Case Of Vikram Ruhal Vs Delhi Police & Ors.before The Honorable High Court Of Delhi

FACTS OF THE CASE The present writ petition is filed against an order dated 20.02.23 passed by the Central Administrative Tribunal. In the order, CAT refused to set aside the order of the Deputy Commissioner of Police, Recruitment NPL, Delhi dated 02.12.20. Tribunal kept the recruitment of petitioner to the post of sub-inspector pending till the outcome arising ou..

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In The Case Of Rasiya P.m Vs State Of Kerala & Ors Before The Honorable High Court Of Kerala

FACTS OF THE CASE  The present writ is seeking writ petition of habeas corpus to direct the respondents to produce petitioner’s father who is detained under Section 3(2) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (the Act). The petitioner alleges that the detention is illegal and thus petitioner’s father should be set free. ..

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In The Case Of Rahul Kumar Vs Union Territory Of Jammu & Kashmir And Ors.before The Honorable High Court Of Jammu & Kashmir And Ladakh

FACTS OF THE CASE The petitioner seeks a regular bail in the light of section 439 of Cr.P.C in the FIR registered against him for the commission of offences punishable under section 377/506 IPC read with Sections 4/5(m) of POCSO Act. The petitioner is a young boy aged 21 who has been involved in the false and frivolous FIR which later culminated into production of..

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Actionable Claim Under Transfer Of Property Act, 1881

KEY TAKEAWAYS The Transfer of Property Act, 1881 requires valid transfers to meet specific criteria, such as written consent, registration, and signature, ensuring their enforceability The Act recognizes various ways to transfer property ownership, including sale, gift, exchange, lease, and mortgage, giving individuals flexibility in choosing the ap..

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Is Gambling Legal In India

Introduction: Humans are social animals, and they play games and engage in sports to amuse themselves and increase their social relationships with others in society. Mankind has created a wide variety of games because of ingenuity and technological advancement. There are countless online and offline games available nowadays, with gambling being one of them. It is regarded as having ..

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Procedural Requirements To Claim Maintenance

Introduction: The 1973 Code of Criminal Procedure does not define the term "Maintenance." The Code of Criminal Procedure's Chapter IX discusses the rules governing a wife's, child's, and parent's support. In general, "maintenance" refers to keeping something in good shape. In the legal sense, "maintenance" refers to recurrent monetary pa..

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The Distinction Between a Memorandum of Understanding and an Agreement

Key Takeaways An agreement is a legally binding document that outlines the terms and conditions of a relationship between two or more parties, while an MOU is a non-binding document that clarifies the intentions of the parties involved and provides a framework for further negotiations. A contract, as per the Indian Contract Act of 1872, is a legally..

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Unveiling The Past And Present: Tracing The History Of Train Accidents In India And The Current Situation

Key Takeaways The first railway line in India was built in the 19th century, beginning the country's railway history. Poor maintenance, signal malfunctions, accidents at level crossings, acts of terrorism or sabotage, and natural calamities are some of the main causes of train accidents in India. The Ra..

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Amendment Of Pleadings- Need Or Needless?

KEY TAKEAWAYS Code of Civil Procedure 1908 was enacted to consolidate and amend the laws relating to the procedure of Courts of Civil Judicature. Though it deals with certain substantive rights, its main objective is to regulate civil procedure. Order 6 of the Code deals with Pleadings which are the backbone of the suit. Under Rule Order 6 Rule 17, parties at any ..

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Cruelty As A Ground Of Divorce: Dastane Vs. Dastane 1975 Sc 1534

  Introduction If from the conduct of his spouse it is established or an inference can be legitimately drawn that the treatment of the spouse is such that it causes an apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty. Cruelty is to be taken as a behaviour by one spouse..

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Expert Witnesses In The Indian Evidence Act: Their Role, Importance, And Legal Implications

INTRODUCTION As a general rule, when a witness is presented before a court of law, their role is to provide factual information based on their personal knowledge or observations. They are expected to testify truthfully and objectively about the events or circumstances within their knowledge. Witnesses are not supposed to offer their opinions or speculations unless they are specifica..

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Concept Of Divorce Mediation

Introduction  To dissolve a marriage, divorcing partners must file a lawsuit. However, the conventional course of litigation is no longer required to work out the conditions of the divorce. Today, many couples are resorting to mediation to resolve their disagreements and negotiate the terms of their divorce, thereby avoiding the courts. Mediation is a process in which..

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