May 2025

Suits for Immovable Property Situate Within Jurisdiction of Different Courts: A Comprehensive Analysis under the Civil Procedure Code, 1908 Jurisdiction, the power of a court to hear and determine a cause, is a cornerstone of civil procedure. The Civil Procedure Code, 1908 (CPC) meticulously outlines the rules governing jurisdiction to ensure fairness and prevent conflicting […]

Suits to be Instituted Where Subject-Matter Situate: A Comprehensive Guide under the Civil Procedure Code, 1908 The Civil Procedure Code, 1908 (CPC) lays down the procedural framework for civil litigation in India. A crucial aspect of this framework is determining the appropriate court where a suit should be filed. This article delves into the provisions

Court in Which Suits to Be Instituted: Under the Civil Procedure Code, 1908 Determining the appropriate court in which to file a suit is a foundational aspect of civil litigation under the Civil Procedure Code (CPC), 1908. Improperly instituting a suit can lead to delays, increased costs, and ultimately, the dismissal of the case. The

Presumption as to Foreign Judgments under the Civil Procedure Code, 1908 India, with its complex legal landscape, often encounters situations where judgments from foreign courts hold relevance. The Civil Procedure Code, 1908 (CPC) addresses the recognition and enforceability of such foreign judgments, providing a framework for determining their validity within the Indian legal system. Section

When Foreign Judgments Are Not Conclusive Under the Civil Procedure Code, 1908 (CPC) The globalization of trade, commerce, and human interaction has led to an increase in cross-border legal disputes. Consequently, the recognition and enforcement of foreign judgments in India is a crucial aspect of international law. The Civil Procedure Code, 1908 (CPC) provides the

Bar to Further Suit Under the Civil Procedure Code, 1908: Understanding Res Judicata and its Implications in Indian Law The principle of res judicata, enshrined primarily in Section 11 of the Code of Civil Procedure (CPC), 1908, acts as a powerful "bar to further suit." It prevents parties from relitigating issues that have already been

Res Judicata under the Civil Procedure Code, 1908: A Comprehensive Analysis Res judicata, a Latin term meaning "a matter already judged," is a fundamental principle in Indian law, enshrined in Section 11 of the Civil Procedure Code (CPC), 1908. This doctrine prevents the same parties from relitigating issues that have already been definitively decided by

Stay of Suit Under the Civil Procedure Code, 1908: A Comprehensive Guide The principle of res sub judice, enshrined in Section 10 of the Civil Procedure Code (CPC), 1908, aims to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits regarding the same matter. This legal provision, known as 'Stay of Suit', promotes

Courts to Try All Civil Suits Unless Barred: Section 9 of the Civil Procedure Code, 1908 (CPC) Section 9 of the Civil Procedure Code, 1908 (CPC), is a cornerstone provision outlining the jurisdiction of civil courts in India. It establishes the fundamental principle that civil courts have the authority to try all suits of a

Previous Year Share of Partner Under Previous Year: An Income Tax Perspective (Indian Law) The Income Tax Act, 1961, governs the taxation of income in India, and partnerships are a common form of business organization. Understanding how a partner's share of profits from a partnership firm is taxed, particularly when considering the "previous year" concept,