Necessary Party and Proper Party [Indian Law Encyclopedia]

A “necessary party” is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the court. If a “necessary party” is not impleaded, the suit itself is liable to be dismissed. A “proper party” is a party who, though not a necessary party, is a person whose presence would enable the … Continue reading Necessary Party and Proper Party [Indian Law Encyclopedia]

List of Words Start with B in Indian Law Encyclopedia

List of law topics & legal articles BACKWARD CLASS BAD CHARACTER BAD DEBT BAD FAITH BADLI WORKMAN BAIL BAILMENT BALANCE BALANCE OF CONVENIENCE BALANCE SALE CONSIDERATION BALLISTIC EXPERT OPINION BANK GUARANTEE BANK LOAN BANKRUPTCY BANKER BANKER BOOK OF EVIDENCE BANKING DOCUMENTS BAR COUNCIL BAR OF ACQUIESCENCE BAR OF JURISDICTION BAR OF LIMITATION BAR OF SUIT BAR TO SPECIFIC PERFORMANCE BASIC FEATURE BASIC PAY BASIC RULE OF … Continue reading List of Words Start with B in Indian Law Encyclopedia

Abandonment-[ Indian Law Encyclopedia]

The meaning to be attached to the word ‘abandoned’ would depend upon the context in which it is used. In the context in which it occurs in S. 418(1), the meaning which can reasonably be attached to the word “abandoned” is ‘let loose’ in the sense of being ‘left unattended’ and certainly not ‘ownerless’. It is the duty of the Court in construing a statute … Continue reading Abandonment-[ Indian Law Encyclopedia]

Reopening of Evidence by Civil Court-[Indian Law Encyclopedia]

Supreme Court of India in K.K. Velusamy vs N. Palaanisamy, decided on 30 March, 2011, held:-   8. Order 18 Rule 17 of the Code enables the court, at any stage of a suit, to recall any witness who has been examined (subject to the law of evidence for the time being in force) and put such questions to him as it thinks fit. The power … Continue reading Reopening of Evidence by Civil Court-[Indian Law Encyclopedia]

Inherent Power of Civil Court-[Indian Law Encyclopedia]

Supreme Court of India  in K.K. Velusamy vs N. Palaanisamy, decided on 30 March, 2011 held :-   We may summarize them as follows: (a) Section 151 is not a substantive provision which creates or confers any power or jurisdiction on courts. It merely recognizes the discretionary power inherent in every court as a necessary corollary for rendering justice in accordance with law, to do what is … Continue reading Inherent Power of Civil Court-[Indian Law Encyclopedia]

Electronically recorded conversation-Admissibility [Indian Law Encyclopedia]

Supreme Court of India in K.K. Velusamy vs N. Palaanisamy on 30 March, 2011 held :  “The amended definition of “evidence” in section 3 of the Evidence Act, 1872 read with the definition of “electronic record” in section 2(t) of the Information Technology Act 2000, includes a compact disc containing an electronic record of a conversation. Section 8 of Evidence Act provides that the conduct of … Continue reading Electronically recorded conversation-Admissibility [Indian Law Encyclopedia]