Skip to main content

Facts constituting the cause of action

THE acts and omissions of the parties prior to the filing of the Suit; and nature of legal obligations voluntarily / or under the law, incurred by the parties against each other, ordinarily may constitute “Material facts of the Case”; and these bundle of material facts constitute cause of action.

Broadly speaking, Cause of action has two dimensions, one, the accrual of cause of action, i.e. that moment of time when the rights of the Person is infringed and such infringement of right entitles him to move the Court of law, although he may choose not to move the Court immediately; like for example, a Persons sells goods and raise Invoice, dated 01.01.2014, and where the terms of payment agreed was 7 days from the date of Invoice; and therefore, if the payment is not made by 08.01.2014 (7 whole days would be calculated from 02.01.2014 to 08.01.2014), the Seller will have accrual of “Cause of action” on 09.01.2014; And second, cause of action means, the bundle of facts which are necessary (sufficient) to prove by the Party claiming certain reliefs from the court.

From the second definition, it also follows that the said Party is not obliged to prove every fact which is being “disputed” by the opposite party (adversary)t; and he is required to prove only those facts which are “necessary”, in order to support his right to the judgment of the Court.


Sandeep Jalan
Advocate
Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

https://www.litigationplatform.com/



Thank you.
Labels:

Comments

Post a Comment

Popular posts from this blog

The Recall Jurisdiction of the Courts

What is Recall of Orders of the Court ? But first….what is expected from the Orders of the Court – a)       While giving due consideration to the submissions and evidences on record of the rival parties, to record a reasoned finding with respect to disputed question of fact or of law; b)       Employing cogent reasons about the conclusion reached in the order / judgment. c)       Passing of orders in accordance with law. d)      Principles of natural justice are reasonably observed in the judicial proceeding. And when the Orders suffers from any of the vices, it is challenged by way of Review, Appeal or in Revision, alleging the impugned Order, being infected with either of the grounds, i.e. – a)       That there is Error apparent on the face of the Record; b)       That there is Perversity in the impugned Order; c)...
8 comments
Read more

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)     To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)            SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is b...
Post a Comment
Read more

Mumbai Capital Value Property Tax Judgment: A Rocket Science by Social Scientists; A Brief Analysis;

The subject of taxation is a “Rocket Science”. The constitution of Nine Judges Bench in the Mafatlal Industries Case, Reported in (1997) 5 SCC 536, running into more than 500 pages; the extremely contested Vodafone litigation; and the present Judgment of Bombay High Court running into 310 Pages, at least furnishes some justification to this statement of Rocket Science. There are umpteen Judgments, some of which are relied herein also (Para 147), that whilst dealing with challenge to Taxation laws, greater latitude is shown by Constitutional Courts, only for the reason that Taxation / Economic Legislation, by their very nature, are very complex. And hold on, the Regime of Property Tax based on Capital Value of the Property, was brought in force, on the recommendations of Tata Institute of “Social Sciences”. (Para 33 of the Judgment) Did these Social Scientist, nevertheless very respectable, would appreciate an Inch of what was discussed in 310 Pages of Judgment, even assuming t...
4 comments
Read more