Common Law

1.     The significance of concept of Jurisdiction is fundamental to the existence of our operational Universe, our The Earth, the moons and various millions and billions of Planets, who move within their specified Orbit, i.e. to say, they move / rotate strictly within their “Jurisdiction”. 2.     In legal parlance, Jurisdiction ordinarily signifies the competence of a particular court/ tribunal to adjudicate dispute presented before it; it means the authority of a court to inquire into the facts, apply the applicable law, administer the justice by means of law, and pronounce the judgment and to carry out its execution. 3.     However, the concept of jurisdiction is not confined in its application to Courts, but can safely be applied to every Statutory or Constitutional body, to every Public servant / instrumentality of the State, the State as contemplated under Article 12 of the Constitution. 4.     There are t...

1.     The Suit must be filed within the period prescribed under the Schedule appended to Limitation Act, 1963. The limitation period, would depend upon the nature of Suit which is filed and the Reliefs which are claimed in the Suit. 2.     The right of a person, if he has any, must be exercised within reasonable time, or else his said right will be forfeited as a penalty for his neglect. Laws come to the assist of the vigilant and not to the sleepy, so said by Salmond in his Jurisprudence. 3.     The doctrine of limitation is based on broad consideration, in the words of Abbott, CJ, in the case of Battley versus Faulkner, “the Statutes of limitation was intended for relief and quiet of the defendant and to prevent persons from being harassed at a distant point of time, after the committing of the injury complained of.” Also when the evidence are lost by defendant with the passage of time, at the benefit of the Plaintiff. 4. ...

1.     Order 3 Rules 1 and 2 CPC, 1908, empowers the holder of power of attorney to institute and prosecute the Suit proceedings on behalf of the Plaintiffs (Principal). However, it must be bear in mind that Suit must be instituted in the name of Principal only, for, the power of attorney holder is the agent of the Principal. When the Principal authorizes the attorney holder to initiate legal proceedings and the attorney holder accordingly initiates such legal proceedings, he does so as the agent of the Principal and the initiation is by the Principal represented by his attorney holder. 2.     Where any legal proceedings are instituted by PoA holder, then, a Para to that effect that PoA is duly executed and Resolution, wherever necessary, is passed. 3.     In so far filing of evidence and deposing on behalf of principal is concerned, the power of attorney holder can depose to the extent acts which have been done by him by virtue o...

1.     The valuation of a Suit / case has relevance only to Civil proceedings, and in criminal proceedings, there is nothing as such valuation of the case, except in Section 138 cases (dishonour of cheque proceedings) where some of the States, including State of Maharashtra have prescribed the payment of Court fee for filing Criminal Complaints. 2.     The valuation of a Suit / case depends upon the forum / court you have chosen to enforce your rights; and further depends upon the nature of right which is enforced and nature of Reliefs which are being prayed. 3.     Suit for possession of property or Suit for specific performance of Contracts, attracts the Court fee based on value of the property. Also, Suit for compensation or Suit for Money attracts the Court fee based on amount claimed as compensation / damages or amount claimed under Money Suit. 4.     A mere declaration or Injunction Suit attracts nominal cou...

1.     Whereas party to the proceedings, in their Plaint and Written Statement, make series of submissions and allegations against each other, O.6 R.15, among other things, stipulates that any one of the Plaintiffs or Defendant, as the case may be, shall at the end of their pleadings, specify, by reference to the numbered paragraphs of the pleading, what submissions and allegations, they verify from their own knowledge and what they verify upon information received and believed to be true. 2.     The person verifying the pleadings is obliged to sign and is further obliged to furnish an affidavit in support of his pleadings. The Person verifying is also required to state the date and the place at which it was signed. 3.     This requirement of law is based on the principle that the Litigant, who comes before the Court, must come with the clean hands and also must come with certain facts and his case should not be based on general, va...

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 ar...