LAWACADEMY

JURISDICTION The term 'jurisdiction' is not defined in the Code. It is derived from the Latin word 'juris and 'dicto' which means 'I speak by the law'. Jurisdiction means the extent of the authority of a court to hear and determine a cause or a matter prescribed with reference to the subject matter, pecuniary value and local limits. It is a power of the court to entertain and decide the matters before it. Jurisdiction is determined on the basis of averments made in the plaint. While deciding the jurisdiction the substance of the plaint matters and not the form. So plaintiff cannot circumvent the provisions of law to invest the court with the jurisdiction. Every court is entitled to determine whether it has the jurisdiction to decide a particular dispute before it or not. Such question must be decided at the commencement of the proceedings. It is well settled that consent cannot confer nor take away jurisdiction of the court. Similarly when the court has juri...

  JUDGEMENT Section 2(9) of the Code defines 'judgment'. According to it judgment means a statement given by the judge on the grounds of decree or order. In other words, judgment contains the set of reasoning, application of law to the facts and the determination of such rights. It must reflect the applicability of judicial mind. Order 20 Rule 1 lays down that the court after the case has been heard shall pronounce the judgment. The court may pronounce the judgment at once or may fix a future date for pronouncing a judgment. Ordinarily, if a future date is fixed for pronouncing judgment, it shall not be more than thirty days from the date on which the hearing was concluded. Rule 4 further provides that judgment of Small Causes Court shall contain points of determination and the decision and judgment of courts other than Small Causes Court shall contain the following:- Concise statement of the case  Points for determination Decision and reasons for such decision

  Order   According to Section 2(14), an order means the formal expression of any decision of a civil court which is not a decree. Thus, the adjudication of a court of law may either be decree or an order but cannot be both. There are same common elements in both of them such as both relate to matters is controversy, both are decision of civil court and both are formal expression of a decision.

  Mesene Profits Section 2 (12) of Code of Civil Procedure defines 'Mesne Profit' to mean profits which the person in wrongful possession of the property actually received or might have received with ordinary diligence or have received together with interest on such profits. However, such profit shall not include profits arising due to improvements made by the person in wrongful possession. Mesne profits can be claimed with regard to immovable property only . For example, 'X' is in wrongful possession of 'Y's' property. By being in such possession, he receives profits. Such profits are called mesne profits. Object: Every person is entitled to possess his property and when he is deprived of such right by another person, he is not only entitled to restoration of possession of his property but also damages for wrongful possession from that person. Thus, the object of awarding a decree for mesne profits is to compensate the person who has been kept out of poss...

Legal Representative Section 2 (11) of Code of Civil Procedure defines legal representative to mean a person who in law represents the estate of the deceased person and includes: (a) Any person who intermeddles with the estate of the deceased, and (b) Where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the person so suing or sued. The examples of legal representatives are- executors, administrators, reversioners, Hindu coparceners, residuary legatees, etc . But a trespasser is not a legal representative as he does not intermeddle with the intention of representing the estate of the deceased. Similarly, a succeeding trustee, official assignee or receiver is not a legal representative. Such legal representatives can be made a party to the suit on the death of either plaintiff of defendant  Order 22 Rule 3 and Rule 4 of C.P.C. Furthermore, where the judgment debtor dies before decree is satisfied, the holder of decree m...

DECREE Section 2(2) of the Code defines `decree'. It means the formal expression of adjudication which, so for as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may either be preliminary or final. Essentials of Decree: In order that the decision of a court may be decree, the following elements must be present: There must be 'adjudication' Such adjudication must be done in a suit Rights of parties in controversy Conclusive determination  Formal expression  There must be 'adjudication ': For a decision of a court to be a decree, there must be an adjudication, i.e., a judicial determination of the matter in dispute. Thus, a decision on the matter of administrative nature or order dismissing a suit for default of appearance of parties cannot be termed as decree as it does not judicially deal with matter in dispute. Supreme Court in Deep Chand v. Land Acquisition ...

  Object of the Code Code of Civil Procedure is a consolidated code which lays down all the laws relating to procedure to be adopted by civil courts. The Preamble of the Code states that it is to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. The Code also deals with certain substantive rights but the essential object is to consolidate the law relating to civil procedure. Supreme Court in Saiyad Mohd. Bakar v. Abdulhabib Hasan, (1998) 4 SCC 370 held that a procedural law is always in aid of justice, not in contradiction or to defeat the object which is sought to be achieved. It is always subservient to substantive law. Extent, applicability and commencement The Code extends to whole of India, except the State of Nagaland and the Tribal areas. The Jammu and Kashmir Reorganization Act, 2019 was passed by both houses of Parliament and received the assent of the President on 9th August, 2019. The Central Government by a gazette notificatio...

  Bail and Bonds Meaning & Object   Meaning : Term bail has not defined in the Code. In Gurbaksh Singh v. State of Punjab AIR 1980 SC 1632 it was held by Supreme Court that grant of bail means to set at liberty a person prisoned, on security being taken for his appearance. In Moti Ram v. State of M.P., AIR 1978 SC 1594 Supreme Court held that it is a process to set a person free who is under arrest or detention by taking security for his appearance. The expression 'bail' covers both release on one's own bond, with or without sureties. The law of bail has to balance two conflicting concepts. On one hand there is a solemn principle of criminal law that the accused is presumed to be innocent until proven guilty and on the other hand there is a requirement for the society that it has to be shielded from criminals. Supreme Court in Gudikanti v. Public Prosecutor, AIR 1978 SC 429 held that basic rule should be 'bail not jail' except where there are circumstances sug...

REVISION   Section 397 provides for calling for records to exercise powers of revision. It empowers the High Court and the Session Judge to call for records of any inferior criminal court and examine them for the purpose of satisfying themselves as to correctness, legality or propriety of any sentence, finding or order of such inferior court. While calling for such record, the High Court and the Session Judge may suspend the sentence or order and may release the accused on bail or on his own bond during pendency of the examination of record. Section 397 (2) bars revision against interlocutory order passed in any appeal, inquiry, trial or other proceedings. Section 398 empowers the High Court or the Session Judge to direct the Chief Judicial Magistrate or any of the Magistrate subordinate to make further inquiry:  Into any complaint which has been dismissed under Section 203, 204 (4); or  Into a case of any person who has been discharged of an offence. Section 399 deals w...

Reference   Section 395 provides for Reference to High Court. The court is empowered to make a reference to High Court if following two conditions exists:  The pending case must involve a question as to the validity of any Act, Ordinance or Regulation o r any provision as contained in an Act, Ordinance or Regulation.  The court should be of opinion that such Act, Ordinance or Regulation is invalid or in operative but has not been so declared by the High Court to which that court is subordinate or by the Supreme Court. A Court of Session or a Metropolitan Magistrate may, if he thinks fit in any case to which the provisions of Section 395(1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. Banarsi Yadav vs Krishna Chandra Dass: In this case, it was decided that when there is a plausible dispute about an Act's constitutionality, a lower court may refer the case to the Supreme Court. Sreenivasa Rao and Ors vs. Gov...