Cpc - Law Dictionary Search Results
Home Dictionary Name: cpc Page: 3Interpleader
Interpleader, the process whereby a person, who is or expects to be sued by two or more parties, claim-ing adversely to each other, for a debt or goods in his hands, but in which he himself has no interest, obtains relief by procuring such parties to try their rights between or amongst themselves only. Where the applicant is a sheriff, and claim is made to goods seized in execution by any other than the person against whom the execution issued, the process is called a 'sheriff's interpleader.' At one time an independent suit in Equity, called a 'bill of interpleader,' had to be brought against the two rival claimants by the person having no interest, but the Interpleader Act (1 & 2 Wm. 4, c. 58), instituted a more simple and expeditious pro-cedure, whereby the Court in which such person was sued might call the rival claimants before it, and stay the action against such person; and this Act, with its amendments under the C.L.P. Act, 1860, was incorporated, but by reference only, into th...
Notwithstanding anything contained in the Code of Criminal Procedure
Notwithstanding anything contained in the Code of Criminal Procedure, the words 'notwithstandi-ng anything contained in the CrPC' found at the beginning of s. 5A(1) merely carve out a limited exemption from the provisions of the CrPC insofar as they limit the class of persons who are competent to investigate into offences mentioned in the section and to arrest without a warrant. It does not mean that the whole of the CrPC, including schedule II thereof, is made inapplicable, Union of India v. Maj. I.C. Lala, AIR 1973 SC 2204: (1973) 2 SCC 72: (1973) 3 SCR 818. [Prevention of Corruption Act, 1947, s. 5A (1)]...
Pauper
Pauper, a discarded term, see POOR PERSON. See CASUAL PAUPER; POOR LAWS; and EDUCA-TION.As to right of a poor person, having reasonable ground for proceeding, to sue without paying Court fees, solicitor, or counsel, see IN FORM' PAUPERIS.Pauper, is a person who is not possessed of sufficient means to enable him to pay the fee prescribed by the law for the plaint in such a suit or where no such fee is prescribed, when he is not entitled to property worth one hundred rupees other than the necessary wearing apparel and the subject-matter of the suit, Code of Civil Procedure Code, O. 33, r. 1....
With material irregularity
With material irregularity, the words 'illegally' and 'with material irregularity' as used in this clause do not cover either errors of fact or of law, they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, in our view, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing & Construction Co. (P) Ltd. v. Sarup Singh, (1969) 3 SCC 807 (811). [Civil Procedure Code, 1908, s. 115]...
Local authority
Local authority, includes panchayatiraj institutions, municipalities, a district board, cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services or, with the control and management of civil services, within a specified local area. [Disaster Management Act, 2005, s. 2(h)]It is the political subdivision functioning within the framework of constitution and enjoying certain degree of autonomy serving as administrative units for state services, Dictionary of Political Science, Joseph Dunner, 1965, p. 321.Means a municipal corporation, a municipal council, a Nagar Panchayat, an Industrial Township, a Cantonment Board, a Village Panchayat Constituted or Continued under any law for the time being in force. [Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(e)]Means a municipal corporation, Nagar Panchayat, Municipal Council, District Panchayat, Taluka Pa...
Special circumstances
Special circumstances, the expression 'special cir-cumstances' is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex. In its ordinary dictionary meaning it connotes something exceptional in character, extraordinary, significant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, (2003) 5 SCC 315. (Civil PC, 1908, O. 37, R. 4)In its ordinary dictionary meaning it connotes some-thing exceptional in character, extraordinary, signi-ficant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322: (2003) 5 SCC...
Salary
Salary, a recompense or consideration generally periodically made to a person for his service in another person's business; also wages, stipend, or annual allowance. See RECEIPT.An agreed compensation for services esp. pro-fessional or some professional services usu. paid at regular intervals on yearly basis, as distinguished from an hourly basis, Black's Law Dictionary, 7th Edn., p. 1337.The ancients derive the word from sal, salt (Plin. H.N. xxxi. 42)--the most necessary thing to support human life being thus mentioned as a representative of all others.The word 'salary' as used in clause (h) of s. 60 is meant to be confined to the emoluments of labourers and domestic servants. It makes a distinction between salary and the wages of labourers and domestic servants, Raghunandan Sahai v. Jaigobind Sahay, AIR 1942 Pat 194.The word 'salary' as used in proviso (1) to s. 60, Civil Procedure Code must be construed as meaning the total monthly emoluments to which a public servant is entitled, ...
Heard and finally decided
Heard and finally decided, the proceeding either civil or criminal shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired, Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921: (1978) 2 SCC 630: (1978) 3 SCR 497.The expression 'heard and finally decided' in s. 11,CPC,1908 means a matter on which the court has exercised its judicial mind and has after argument and consideration come to a decision on a contested matter. It is essential that it should have been heard and finally decided, Pandurang Ramchandra Mandlik v. Shantabai Ramchandra Ghatge, AIR 1989 SC 2240 (2249): (1989) Supp 2SCR 1....
Judgment decree or final order
Judgment decree or final order, in order that a decision should fall within the definition of the word 'judgment' or 'final order' (1) it must finally decide the rights of the parties and the word 'judgment' means a final judgment and not an interlocutory judgment, and by which right to the relief claimed is decided with regard to all matters in issue, and (2) an order is final if it finally disposes of the rights of the parties and if it does not, it is not final even though it may decide a vital issue in the case, Sardar Kapur Singh v. Union of India, AIR 1957 Punj 173. CPC, 1908, Order 20, Rules 1, 6A....
Judicial review
Judicial review, is not only concerned with the merits of the decision but also of the decision-making process. It intends to protect the individual against the misuse or abuse of the power by a wide range of authorities. Judicial review is a protection to the individual and not at weapon, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (738).Means to look again main object of granting a review of judgment in reconsideration of the same matter by the same judge under certain conditions (CPC, 1908, s. 114)Judicial Review, is the power of the court to review statutes or administrative acts and determine their constitutionality. The examination of Federal and State Legislative Statutes and the acts of executive officials by the courts to determine their validity according to written Constitution, Dictionary of Political Science, Joseph Dunner, 1965, p. 285.In England the judiciary has no power to review the laws made by Parliament, Limited Government and Judicial Review, D.D. Basu, p. 2...
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