One of the issues that is regularly encountered before the Civil Court and Family Court in Matrimonial Disputes is that “Whether they have jurisdiction to grant injunction in favour of a spouse to restrain the other spouse from entering into second marriage, and if the court has jurisdiction than from where this power flows?” I…

In the previous part of the blog I discussed about the composite decrees, objections raised during their execution and how to decide them. In this second part of the blog I would be discussing about Joint Decree and some practical problems related to its execution. In the previous part of the blog I framed two…

Introduction Civil Procedure Code is a unique work as on one hand it provides procedure to obtain a decree and on the other, the way and means to execute the decree.  In order to reap the fruits of  the litigation successfully decided in favour of the litigant, it is necessary that due execution of decree…

Judges must administer law according to the provisions of law. It is the bounden duty of judges to discern legislative intention in the process of adjudication. Justice administered according to individual’s whim, desire, inclination and notion of justice would lead to confusion, disorder and chaos. Indiscriminate and frequent interference under Section 100 C.P.C. in cases…

Arrears of cases have always been a problem for Indian Judicial System. Something which is common and finds place in the list of arrears throughout the High Courts is Second Appeal in Civil Cases. The issue is so trending that every other day we find some decision of Apex Court assailing the approach adopted by…