Common Law

  Injunction is a form of R elief  available in law , whereby  a Party to the proceeding is prevented from doing certain acts which  it is under an obligation not to do ; or it is called upon to do certain ac ts , which it is under an obligation to do. This right to claim Injunctive Relief may arise out of contract or may arise  out  of statutory obligations or may arise under common law . The Injunctive Relief may be in the nature of perpetual Injunctions, temporary Injunctions and mandatory Injunction. As the names suggest, in perpetual Injunctions, the adversary is Ordered to perpetually restrain from doing something; in temporary Injunctions, the adversary is temporarily restrained from doing certain acts, till the final decision of the matter before the Court. Mandatory Injunction would imply such reliefs, requiring some positive actions from the adversary, which comprises its obligations, either under the law or under the contract, and which t...

What is Plea. Plea is an assertion of a fact in a legal proceeding; and would also include such pleas constituting the principal grounds on the basis of which a claim is laid or a relief is prayed for in the Court of law. What is dissection. According to Blacks dictionary, the act of separating into constituent parts, for the purpose of its critical examination. So, I will be dissecting the legal expression “Plea”. A Plea is an assertion of a material fact, and sometimes, an assertion of an argument or sometimes the crux of the whole case of the Party advancing the Plea. In my understanding of things, a Plea/Fact is always composed of two things, one, the legality of the Plea and two, the truthfulness/falsity of the Plea. Any and every assertion of material fact, must have legal sanctity, that is to say, the assertion of a material fact or assertion of any argument must be legally sustainable. And if such assertion of fact is not legally sustainable, there is no occasion...

Service of Summons of the Court, or service of any other Notice or legal document postulate elementary principles of natural justice, i.e., a Person is thereby put to Notice, that if he neglects to take due steps upon receipt of the Summons / Notice, prejudicial legal action or Orders of the Court may be passed against him. Service of Summons is the first step after the institution of the Suit. After the institution of the Suit, the Plaintiff is immediately require to tender draft Summons before the concerned dept of the Court, wherein the said office cause to affix the Seal of the Court, put up the future date on which the Defendant is called upon to appear and answer the claim of the Plaintiffs; and also cause it to be signed by the concerned Judge or any other officer of the Court empowered in this behalf; and cause it to be returned to the Plaintiffs, for it to be served upon the Defendants, either by Regd post / Speed post, or through Serving officer of the Court / Bail...

Pleadings, the backbone of a Litigation The pleadings in the ordinary sense may mean the Statement of Claim, filed by the Party approaching the Court of law, for the redressal of breach of their rights. In the legal sense, the Pleadings is defined in the CPC, 1908, as Plaint and the Written Statement, meaning thereby, the statement of Claim filed by the Party approaching the Court of law, and the reply thereto filed by the defending Parties. Nature of Reliefs claimed, lies at the heart of any litigation. These “Reliefs claimed” also decides the jurisdiction of the Court / Tribunal, as whether it is competent for them to grant such Reliefs. Further, every Relief which is being claimed presupposes the existence of certain facts, which are required to be pleaded and proved. These may be called material facts of the case. Narration of material “Facts of the Case” forms the  “backbone”  of any litigation, which really decides the “fate” and “length” of the concerned l...

Are Members of Housing Society “Consumers” !! 1.     The 1993 Amendment in Consumer Protection Act: In 1993 the “Housing Construction” Services were brought under the purview of Consumer Protection Act 1986. The Consumer Courts, in this backdrop, extended their jurisdiction to common services provided by Housing societies to their members. There is a basic fallacy in Consumer Courts assuming jurisdiction to Complaints filed by Members against their Housing Societies, alleging deficiency in services. 2.     The object of Consumer Protection Act: A fair and comprehensive reading of the relevant provision of Consumer Protection Act, 1986, more particularly the Preamble of the Act, the definitions of Consumer, Manufacturers, Restrictive Trade practices, Unfair trade practices, as defined under the said Act, it would reveal that Consumer Courts were conceived for the better protection of interests of common man, from Enterprises who are engaged in t...