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Inherent Powers of Civil Court- Origin, Scope and Practical Problems faced by Trial Courts
Part-II Having examined the conceptual foundations and the legal principles governing the exercise of inherent powers under Section 151 in the preceding part, it is now appropriate to turn to the arena where these principles are truly tested – the everyday functioning of civil courts. The exercise of inherent jurisdiction is seldom prompted by abstract…
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Inherent Powers of Civil Court- Origin, Scope and Practical Problems faced by Trial Courts
Part-I Introduction The genesis of this blog lies in a lecture that I had the privilege of delivering to trainee judges at the Rajasthan State Judicial Academy a few months ago on the scope and exercise of the inherent powers of civil courts under Section 151 of the Code of Civil Procedure. While the statutory…
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Nata Vivah (Marriage) and Maintenance related issues under Section 125
What is Nata Vivah According to this custom, in some tribes the woman (wife) can leave her husband and live with another man. This is called Nata. No formal rituals have to be done in this. There is only mutual consent. This practice is prevalent even today in many tribal communities in Rajasthan. This practice…
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Part-III | Framing of Issues, its Importance and Practical Difficulties surrounding it
To read first part, click here: https://lawgicalhs30.in/part-i-framing-of-issues-its-importance-and-practical-difficulties-surrounding-it/ To read second part, click here: https://lawgicalhs30.in/part-ii-framing-of-issues-its-importance-and-practical-difficulties-surrounding-it/ In the last part of three-part blog series I will be discussing Order 14 R.5, a provision that gives vast powers to the court to amend, add and strike out issues at any time before passing of decree, whether parties will…
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Part-II | Framing of Issues, its Importance and Practical Difficulties surrounding it
To read the first part, click here: https://lawgicalhs30.in/part-i-framing-of-issues-its-importance-and-practical-difficulties-surrounding-it/ In the second part I will be talking about whether issue of res-judicata can be dealt as an preliminary issue, whether to frame issues when suit is ex-parte, relation between points for determination and issues, need for framing issue after filing of replication or rejoinder and lastly…
