Q. What do you understand by ‘necessary party’ and ‘proper party’. Whether a suit shall be defeated by the reason of mis-joinder or non-joinder of parties ? [MPCJ 2011] Ans. Necessary & Proper party:- A necessary party is a party…
CPC Mains Questions Q. Write short notes on the following – Legal representative, Rejection of plaint, Powers of Court to issue commission [MPCJ 2010] Ans. Legal representative :- The expression legal representative under section 2 (11) of the CPC has…
CPC Mains Questions Q. What do you understand by settlement of disputes outside the Court? Explain those provisions of settlement of disputes outside the Court which are not part of Section 89 of the Code of Civil Procedure 1908? [MPCJ…
CPC Mains Questions Distinguish between the following terms .[MPCJ2009] 1. Decree and Order 2. Res-subjudice and Constructive Res-Judicata 3. Attachment and precept Ans. 1. Decree and Order Under section 2(2) and 2(14) of CPC respectively both decree and order are…
CPC Mains Questions Q. What do you understand by “a suit of Civil Nature” ? When may exclusion of Civil Court’s jurisdiction be inferred ? Give two examples. [MPCJ 2009] Ans. Section 9 of the CPC gives statutory recognition to…
Ujjam Bai v. State of Uttar Pradesh DATE OF JUDGEMENT – 10th April 1962 COURT – Supreme Court of India JUDGES – Justice S.K. Das CITATION – 1963 SCR (1) 778 PARTIES – Smt. Ujjam Bai (Petitioner) State of Uttar…
Sarla Mudgal v. Union of India Bench: Kuldip Singh (J) Citation: 1995 AIR 1531 Subject: Need of a Uniform Civil Code Facts: The Case has 5 petitioners under a writ petition in the Supreme Court of India : Sarla Mudgal…
Waman Rao v. Union of India Bench: Y Chandrachud, A Sen, P Bhagwati, V Tulzapurkar, V K Iyer Citation: (1981) 2 SCC 362 Subject: All laws added after the Keshavnanda Bharati decision could be examined on grounds of violation of…
S.P. Sampath Kumar Etc v. Union of India & Ors DATE OF JUDGMENT: 09/12/1986 COURT: Supreme Court of India JUDGES: Bhagwati, P.N. (Cj), Misra Rangnath, Khalid, V. (J), Oza, G.L. (J), Dutt, M.M. (J) REFERENCE: 1987 AIR 386 PARTIES Petitioner:…
I.R. Coelho v. State of Tamil Nadu Bench: Sabharwal, Pasayat, B.P. Singh, Kapadia, Thakker, Balasubramanyan, Altamas Kabir, D.K. Jain Citation: AIR 2007 SC 861 Facts: This case challenged the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari Act), which was…