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Bare acts including notes which is very essential for a law sstudents to get ready to and fro. also helpful for the practitioners and lawyers who are in different fifelds of law . thankyou
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-Dr.G.B.Reddy Associate Professor University College of Law Osmania University,Hyderabad-
Substantive Law
Procedural Law/Adjective Law
Primary procedural law in administration of civil justice Enacted in 1908 & Came into force w.e.f. 01-01- Contains principles of natural justice Based on justice, equity, and good conscience Contains both procedural & substantive laws.
Contains 158 sections – called Body 51 orders in First schedule – called Rules Sections deal with the substantive aspects of civil procedure Orders deal with procedural aspects Each order contains no. of Rules Contains 08 Appendices.
Supreme Court High Courts District Courts Courts of senior Civil Judge Courts of Junior Civil Judge Small Causes Courts Court annexed mechanism – Lok Adalats
Most common form of civil litigation- Suit E.g. Original Suits (OS), Original Petitions (OP) Suit-not defined by Code Suit-always relate to civil litigation and
action)
Section 89 inserted by 1999 amendment w.e.f.. 1-7- If it appears to court that there exist elements of such settlement Courts may formulate terms of settlement & inform parties After receiving observations of parties, court may reformulate terms of possible settlement
Refer terms of settlement to
May be passed during pendency of suit Include Commissions, Arrest before judgment, Attachment, Temporary Injunctions, Receiver & Security for costs. Object: to protect subject matter of suit and to meet the ends of justice Orders – passed at discretion of court and depending on facts and circumstances of each case.
Stay of Suit (Res subjudice) Res judicata Court Fees (subject to filing of indigent/pauper suits) Expiry of Limitation Period (subject to condonation of delay) Lack of jurisdiction Compulsory Arbitration Clause in agreement