Section 9 (CPC)

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Different Types of Courts (Hierarchy of courts)

The judicial system in India operates under a well-defined hierarchical structure, ensuring that justice is administered effectively and efficiently. This hierarchical structure is crucial for maintaining the rule of law and delivering justice to all citizens. The Code of Civil Procedure, 1908 (CPC) provides the procedural framework for civil litigation and outlines the hierarchy of courts in India. This essay delves into the different types of courts, their hierarchy, and relevant sections and case laws under the CPC. 1. Supreme Court of India The Supreme Court of India is the apex court in the country, established under Article 124 of the Indian Constitution. It is the highest forum for the resolution of civil and criminal disputes. The Supreme Court's primary functions include hearing appeals from lower courts, interpreting constitutional provisions, and ensuring the protection of fundamental rights. Relevant Sections and Case Laws: Article 136 of the Constitution allows the Sup...

K.K. Verma v. Union of India

K.K. Verma v. Union of India is a landmark case in Indian constitutional law concerning the protection of fundamental rights of government employees, specifically focusing on the principles of natural justice and the right to a fair hearing. Case Details: Citation: K.K. Verma v. Union of India , AIR 1954 SC 282 Court: Supreme Court of India Judges: Chief Justice Kania, Justice Mukherjea, and Justice S.R. Das Facts: K.K. Verma, a senior government officer, was dismissed from service by the Union of India. The dismissal was based on charges of misconduct, but Verma contended that he was not given a fair hearing or an opportunity to defend himself. He argued that the principles of natural justice, which are fundamental to fair administrative action, were violated in his case. The government’s decision to dismiss Verma was challenged on the grounds that the procedural safeguards required under Article 311 of the Indian Constitution were not followed. Article 311 provides that no civil...

Parties to the Suit

The Code of Civil Procedure (CPC) in India governs civil proceedings and outlines the procedural aspects of civil litigation. One crucial aspect of civil suits under the CPC is the identification and roles of the parties involved. Understanding the parties to a suit is essential for ensuring that legal proceedings are conducted fairly and justly. This essay delves into the key provisions of the CPC related to parties to a suit, including relevant sections, illustrations, and case laws. Parties to a Suit: Basic Provisions The CPC prescribes specific guidelines regarding the parties involved in a civil suit. The principal sections addressing this are Sections 7 to 11 and 30 to 32. Plaintiffs and Defendants (Section 7 and 8): Under Section 7 of the CPC, the term "plaintiff" refers to the person who initiates the suit, while the "defendant" is the individual or entity against whom the suit is filed. The plaintiff seeks relief or remedy from the court, and the defenda...

Section 9 (CPC)

Courts to try all civil suits unless barred.

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

[Explanation II].—For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.]

#Civil Courts #CPC #Jurisdiction l

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Section 9 (CPC)

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Parties to the Suit

Different Types of Courts (Hierarchy of courts)

K.K. Verma v. Union of India

K.K. Verma v. Union of India

Evolution, Development and Nature of Legal profession in England

Law Notes

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