Mukesh Kumar has Published 2035 Articles

Res Judicata: Meaning and Application

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 14:40:17

813 Views

If a party files a suit in a court of law; subsequently, the court investigates and trials the case and gives a final decision on its merits. In such a condition, the respective party has no right to file the same case in some other court or again in the ... Read More

Parties to the Suit: Civil Procedure Code of India

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 13:21:15

12K+ Views

The people are free to choose, a method for resolving their conflict. If one party to a dispute chooses to file a civil suit in court to resolve his dispute and seek legal remedies, the other party has to plead his defence and tell the court why he is not ... Read More

Importance of Plaint in Civil Proceedings

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 13:08:08

668 Views

The plaint is a written document that contains all the information about the facts given in chronological order, in separate paragraphs duly numbered, along with all the documents relied upon by the party (the plaintiff) filing the suit. A standard format for plaints for various types of civil suits is ... Read More

Judgment and its Content

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 12:51:54

855 Views

The hearing of the case by the court having jurisdiction over the dispute means the entire proceedings of the trial before the court, which include the following: pleadings of both parties; issues framed by the court based on pleadings; evidence given before the court by both parties; cross-examination of the ... Read More

Procedure of Institution of Civil Suits

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 12:46:13

314 Views

Every member of a modern civilized society has rights and duties under the law. In cases of violations of those rights and obligations by the other party, a remedy is also provided in the law itself as a matter of right. To avail themselves of that remedy, certain procedures must ... Read More

Inherent Powers of the Civil Court

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 12:40:10

390 Views

The legislature makes law, which defines the rights and obligations of the citizens. There are special laws that deal with a special type of right. The legislature takes comprehensive measures to consider the majority of the situations and circumstances that existed at the time the law was made. However, as ... Read More

Hierarchy of Civil Courts and Their Jurisdiction

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 12:22:47

2K+ Views

In India, we have a three-tiered hierarchy of civil courts. The Supreme Court of India is at the top of the judicial hierarchy. In the middle of the hierarchy, we have the high court in every state, and then we have district courts (in every district). The Supreme Court exercises ... Read More

Ex-parte Proceeding of Suit: Meaning & Consequence

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 12:00:12

6K+ Views

When someone files a lawsuit against someone in the court of law and that person (defendant) does not appear in court despite the fact that notice is served on time; in such a condition, court proceeds with the case in his absence (ex-parte) and gives a decision in the plaintiff’s ... Read More

Dismissal of Suit: Reason & Remedy

Mukesh Kumar

Mukesh Kumar

Updated on 12-Jan-2023 11:55:11

6K+ Views

Whenever a person files a lawsuit against a violation of any of his rights or for a public cause, the result could be – after hearing the case properly, the court passes an order or gives a decision on the merits of the case. The second possibility is that, especially ... Read More

Appearance and Non-Appearance of Parties

Mukesh Kumar

Mukesh Kumar

Updated on 11-Jan-2023 17:28:03

856 Views

The judicial system in India has been developed on the foundation of common law jurisprudence. The courts in India followed the principle of natural justice, which requires that both parties to a suit be given equal opportunity to prove their case in their favor. However, the court (judge) has to ... Read More

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