Common Law

Attribute and meaning : Every litigation presupposes the existence of a “cause of action”, that is to say, infringement of a right, thereby giving a right to move the Court of law, for the enforcement and realization of that infringed right. For the right to move the court of law, the aforesaid right sought to be enforced, should have already come into existence, and there should be an infringement of it, or there must be serious and imminent threat of its infringement. Legally speaking, the cause of action means, a bundle of facts which taken with the law applicable to them, gives the person a right to relief against another person. It also means every such fact, which if traversed, it would be necessary for the first person to prove in order to support his right to the judgment of the Court. [AIR 2012 SC 3912; AIR 1989 SC 1239] Dimensions: Broadly, the Cause of action has two dimensions, one, making averments of such material facts in the proceeding, which are suffici...

What is Property tax !! The property tax is a kind of impost / tax levied by Local bodies / Municipalities, upon lands and buildings, situate in their territorial jurisdiction. Due to the peculiar nature of tax, the property tax are regarded as “rate”, and not as “tax” or “fee”. The Apex Court in a case before it (AIR 1963 SC 1742), had the occasion to distinguish the rate from tax or fee, wherein it was stated that rate is an hybrid of tax and fee, as it has the elements of both, and is more in the nature of compensation paid for the services availed, although not directly attributable to the measurable benefits of the services availed.   Under the scheme of our Constitution, the Municipalities are institution of self governance, independent of the Executive govts., although being subject to direct superintendence by the respective State govts. And being institutions of self governance, the Municipalities are empowered to levy taxes, to discharge their legal obligations...

Issues framed by the Court under Order XIV of the CPC, 1908, comprises the ascertainment of the real dispute between the parties to the lis. Issues are framed on question of law or of facts, in order to determine whether the Plaintiff is entitled to the reliefs claimed; or if the Suit is liable to be dismissed. Issues arises in every litigation, be it Writs, Contempt, Arbitration, Criminal matters, and so one, notwithstanding the Courts are not formally framing them. In C.V. Joshi versus Elphinstone Spinning Mills, reported in [2000 AIHC 4367], the Bombay high Court observed that even in execution proceedings, the issues comes into play, though it is not technically necessary to frame them. Issues can be framed on the premise of “facts constituting the cause of action”: C ause of action represents the bundle of facts which are necessary (sufficient) to prove by the Party claiming certain reliefs from the court. These bundle of facts constitute “material facts”; and whe...