suit

Who seeks to have a law declared invalid need not seek any further relief under SRA-Law Commission

7 min read

CIVIL

Who seeks to have a law declared invalid need not seek any further relief under SRA-Law Commission

As has been observed by American writers a simple declaratory decree without further relief, where it has to be sought for, is not necessarily useless, for, "this possibility of further relief gives, in practice, an immediate coercive effect to...

Right to sue means

2 min read

CIVIL

Right to sue means

The statute of Limitation was intended to provide a time limit for all suits conceivable. Section 3 of the Limitation Act provides that a suit, appeal or application instituted after the prescribed “period of limitation” must subject to the...

17 min read

CIVIL

Order 1 Rule 10(2) CPC which empowers the Court to delete or add parties to the suit

Order 1 Rule 10(2) of Code of Civil Procedure It reads as under: 10 (2) Court may strike out or add parties -The Court may at any stage of the proceedings, either upon or without the application of either...

Suit for disturbance of an easement

2 min read

Suit for disturbance of an easement

The Indian Easements Act, 1882 33. Suit for disturbance of easement. – The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement...

Law of Declaration

18 min read

CIVIL

Law of Declaration

Chapter VI of the Specific Relief Act, 1963 provides for passing of declaratory decrees. Sections 34 and 35 are the only two Sections in the said Chapter. They read as follows:- “Section 34. Any person entitled to any legal...

Civil Suit Rules (Assam)