[1]
|
Word/ Doctrine / Maxims of the Day:
- De die in diem – From day to day.
- De futuro – In the future.
- De integro – As regards the whole.
- De minimis lex non curat – The law does not notice trifling matters.
- De novo – Starting afresh.
- Executio est finis et fructus legis – An execution is the end and the fruit of the law.
- Executio legis non habet injuriam – Execution of the law does no injury.
|
[2]
|
Question (?) / Issue for Discussion of the Day:
What is complaint under the Code of Criminal Procedure, 1973? Discuss its essentials. Under what circumstances, a police report is deemed to be complaint? |
[3]
|
Law / Bill of the Day:
Distinction b/w ‘decree’ and ‘order’—Both decree and order are formal expression of an adjudication of a court but still there are following differences between these twins—
| No |
Decree |
Order |
| 1 |
Definition: The term ‘Decree’ is defined under Section 2(2) of the Code. |
The term ‘Order’ is defined under Section 2(14) of the Code. |
| 2 |
Civil Suit: A decree can only be passed in a suit which commenced by presenting a plaint. |
While an order may or may not originate from a suit. An order generally arises from a proceeding commenced on an application. |
| 3 |
Conclusiveness: A decree is an adjudication that conclusively determines all or any of the rights of the parties to the suit. |
While an order may or may not finally determine the rights of the party. |
| 4 |
PD/FD: A decree may be preliminary or final or partly preliminary and partly final. |
While there is no such distinction in order. |
| 5 |
Appelability: Generally, the decrees are appealable. |
While every order is not appealable. Only those orders are appealable which are specified in Section 104 and Order 43, Rule 1. |
| 6 |
Second Appeal: A second appeal lies to the High Court on the grounds mentioned in Section 100 in cases of decrees. |
While there is no second appeal in case of an order passed by the court. |
| 7 |
Singularity: In every suit there is one decree except in suit for possession and mesne profit etc. as enumerated under Order 20 and Order 34. |
While in a suit numbers of orders may be passed. |
|
|
[4]
|
Memorable Case Laws:
- Rajendra Bajoria v. Hemant Kumar Jalan [2021]: In this case, the Hon’ble Supreme Court observed that a court has to reject a plaint if it finds that none of the reliefs sought in it can be granted to the plaintiff under the law. The Court further observed that in such a case, it will be necessary to put an end to the sham litigation so that further judicial time is not wasted. The court added that underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings.
- Sayyed Ayaz Ali v. Prakash G Goyal [2021]: In this case, the Bench comprising Justices D Y Chandrachud and MR Shah of Hon’ble Supreme Court held that while rejecting a plaint under Order 7 Rule 11(d) of Code of Civil Procedure [suit appeared to be barred by any law], the Court cannot grant liberty to the plaintiff to amend the plaint. The proviso to Rule 11 covers the cases falling within the ambit of clauses (b) and (c) and has no application to a rejection of a plaint under Order 7 Rule 11(d).
|
[5]
|
Memorable Points (Cr.P.C. / C.P.C./ IEA):
Memorable points as to Code of Criminal Procedure, 1973; Code of Civil Procedure, 1908 and Indian Evidence Act, 1872 (total 75 points as to Cr.P.C., 114 points as to C.P.C. and 122 points as to Indian Evidence Act respectively already covered under previous issues of “Regular Updates”) are as under —
[i]. The Code of Criminal Procedure, 1973
- The term ‘Charge’ is defined under Section___of the Cr.P.C, 1973—Section 2(b).
- The term ‘Inquiry’ is defined under Section___of the Cr.P.C.—Section 2(g).
- The term ‘Investigation’ is defined under Section___of the Cr.P.C.—Section 2(h).
- The term ‘Police- Station” is defined under Section___of the Cr.P.C.—Section 2(s).
- The term ‘victim” is defined under Section___of the Cr.P.C.—Section 2(wa).
[ii]. The Code of Procedure Code, 1908
- Which Rule deals with the time for inspection when notice given in the Code of Civil Procedure?— Order 11, Rule 17.
- Section 115 of the CPC, 1908 deals with—Revision.
- Which Rule deals with the statement and production of evidence in the Code of Civil Procedure?— Order 18, Rule 2.
- No order under section 47 to be refused or modified unless decision of the case is prejudicially affected under which of the following in the Code of Civil Procedure?— Section 99-A.
- Which of the following deals with the copy of plaint annexed to summons in the Code of Civil Procedure?— Order 5, Rule 2.
[iii]. The Indian Evidence Act, 1872
- True/ False: A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them—True (Refer Section 118 of the Indian Evidence Act, 1872).
- As per Section _______ of the Indian Evidence Act, 1872witnesses to character may be cross-examined and re-examined—Section 140.
- True/ False: – When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court—
- As per Section________ of the Indian Evidence Act, 1872, leading questions may be asked in cross-examination—Section 143.
- As per Section_________ of the Indian Evidence Act, 1872, no tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property—Section 116.
|
[6]
|
Memorable Points (Misc.):
Memorable points under Indian Constitution and various miscellaneous important Acts are as under (total 477 points already covered under previous issues of “Regular Updates”)—
- Constitution of India, 1950: The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the __________–Prime Minister. (Refer Article 75 of the Indian Constitution.
- Indian Penal Code, 1860: The terms “Wrongful loss” and wrongful loss have been defined under Section—Section 23 of the IPC, 1860.
- Transfer of Property Act, 1882 : Under Transfer of Property Act, 1882, a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised is called—Sale (Refer Section 54 of the TPA, 1882) .
- Indian Contract Act, 1872: Two or more persons are said to consent when they agree upon the same thing in the same sense. It is so mandated under Section____of the Indian Contract Act, 1872—Section 13.
- Partnership Act, 1932: Before Partnership Act, 1932, the matter as to partnership was dealt with under which enactment?—Indian Contract Act, 1872.
- Sale of Goods Act, 1930 : Section ____of the Sale of Goods Act, 1930 defines the terms ‘condition’ and ‘warranty’—Section 12.
- Specific Relief Act, 1963 : True/ False: Where the contract is voidable or terminable by the plaintiff or where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff, any person interested in a contract may sue to have it rescinded—True (Refer Section 27 of the Specific Relief Act, 1963).
- Negotiable Instrument Act, 1881: When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be—Negotiated. (Refer Section 14 of the NI Act, 1881)
|
[7]
|
G. K. / Current Affairs:
Under the G. K. / Current Affairs column total 94 points already covered under previous issues—
- Pyithu Hluttaw is the lower house of the parliament of which country?—Myanmar
- Which of the following is the primary objective to bring a Privilege Motion in Indian Parliament?— To raise a matter related to breach of parliamentary privileges.
- Which amendment gave constitutional status to the National Commission for Backward Classes?— 102nd Constitutional Amendment.
- How many members are there in the Public Accounts Committee?—22 Members.
- Which article of the Indian Constitution enumerates the Residuary powers of legislation?—Article 248.
|
