The Code is a codification of the principles of natural justice. Natural justice means ‘justice to be done naturally’ which is adopted naturally by the habits of every individual. It does not mean godly-justice or justice of nature. It simply means an inbuilt-habit of a person to do justice
A decision or finding given by a court or a tribunal without jurisdiction
(a) can operate as res—judicata under all circumstances
(b) cannot operate as res-judicata
(c) can operate as res-judicata under certain circumstances only
(d) may operate as res-judicata or may not- operate as res-judicata.
CIVIL Procedure Code Amended CPC Salem Advocate Bar Assn VS UOI AIR 2005 SC 3353 Ram Chandra Singh V Savitri Devi and Ors 2003 8 SCC 319 Fraud Santosh V Jagat Ram […]
Procedures used to obtain disclosure of evidence before trial Under Civil Procedure Code Se 30 Power to order discovery and the like .—Subject to such conditions and limitations as may be prescribed, […]
First Set (1) What is a Compromise Suit and how to set-aside a Compromise Decree? (2) Whether an applicant is competent to move HC with a review petition in case of SLP […]
Section 144 applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. The principle of doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the suit who received the benefit of the decree to make restitution to the other party for what he has lost.
Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Ingredients—Prima facie case, balance of convenience and irreparable injury—Finding on prima facie case would be a finding of fact.
where a genuine and bona fide request is made for adjourment, instead of resorting to forfeiture of the right to cross-examine, the court may grant time by levying costs.
Multiple directions have been issued in connection with CPC
If a party asks for a relief on a clear and specific ground, and in the issues or at the trial, no other ground is covered either directly or by necessary implication, it would not be open to the said party to attempt to sustain the same claim on a ground which is entirely new.