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Appointment of Commission for Scientific Investigation in Civil Cases- When, How and its Probative Value Part-I
This is the first part of Bi-partite article series. Introduction Appointment of commission is a daily thing in the civil courts, the most usual being appointment for local inspection, to get a report of the disputed spot. Out of the purposes for which commissioner can be appointed the most technical and tricky in terms of…
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When Defendant can lead Evidence before Plaintiff in a Civil Suit
It is well known in civil cases that plaintiff is the master of the suit and he has to win the case on his own legs. It follows that since plaintiff comes up with a claim before the court, he owes the burden to prove the material particulars in his favour to get a decree…
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Suit Dismissed for default, Restoration Application also dismissed for default- What are the Remedies Available
Introduction It is a normal thing in civil courts that civil suits get dismissed for default under Order 9 Rule 8[i] of Civil Procedure Code (CPC) when the plaintiff doesn’t appear when the suit is called on for hearing. Once the suit gets dismissed for default the remedy plaintiff has is to file a restoration…
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Defamation of Deceased-Analysing the sustainability of action from Criminal and Civil Law Perspective
Part-II This is second part of Bi-Partite Article Series. This part focuses on situation when the plaintiff dies in a civil action for defamation. It also provides for the remedies that are available to the Legal Representatives of Deceased Plaintiff. Civil Suit for Defamation-Plaintiff died; Can his Legal Representatives continue the suit When a party…
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Decree Holder and Holder of Decree-Understanding the issue that who can get the Decree Executed
Section 2(3)[i] of Code of Civil Procedure provides that a decree holder is a person in whose favour a decree has been passed or order capable of execution has been made. So this definition gives us an impression that only the person in whose favour a decree or order has been passed can get it…