Cpc - Law Dictionary Search Results
Home Dictionary Name: cpc Page: 4Letters patent
Letters patent, is derived from Latin word 'literae patentes.' The letters patent are so called because 'they are open letters; they are not sealed up, but exposed to view, with the great seal pendant at the bottom; and are usually directed or addressed by the king to all his subjects at large. And therein they differ from certain other letter of the king, sealed also with the great seal, but directed to particular persons, and for particular purposes, which therefore, not being proper for public inspection, are closed up and sealed on the outside, and are thereupon called writs close, literae clause, and are recorded in the close-rolls, in the same manner as the others are in the patent-rolls.' (See Blackstones Commentaries on the Laws of England, volume II, pages 284-285), P.V. Hemlatha v. K.P.M. Saheeda, AIR 2002 SC 2445 (2457): (2002) 5 SCC 548. [Civil Procedure Code, s. 98(3)]Means letters patent are open letters; they are not sealed up, but exposed to view, with the great seal pe...
Material facts
Material facts, are concerned, this court has held that they should be fully set out in the election petition and if any fact is not set out, the petitioner cannot be permitted to adduce the evidence relating thereto later; nor will be permitted to amend the petition after expiry of the period of limitation prescribed for an election petition, H.D. Revanna v. G. Puttaswamy Gawda, (1999) 2 SCC 217.Material facts, are facts upon which the plaintiff's cause of action or defendant's defence depends and which must be proved in order to establish the plaintiff's right to relief claimed in plaint or defendant's defence in written statement, Mayar (H.K.) Ltd. v. Owner & Parties Vessel M.V. Forture Express, 2006 AIR (SC) 1828: (2006) 3 SCC 100: (2006) 2 JT 48: (2006) 2 SCALE 30: (2006) 1 Supreme 677: (2006) 2 SLT 612: (2006) 3 SCJD 291: (2006) 3 SRJ 229, Civil Procedure Code, 1908, O. 6, R. 2 & O. 7, R. 11(9).The expression 'material facts' used in clause (a) of s. 147 Income Tax Act, 1961 refe...
Material facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
Negative
Negative. In general a negative cannot be proved or testified by witnesses, 2 Inst. 662. But this rule does not apply where one party charges another with a culpable omission or breach of duty; in such a case the person who makes the charge is bound to prove it, though it may involve a negative, for it is one of the first principles of justice not to presume that a person has acted illegally till the contrary is proved. Where the presumption of law is in favour of a defendant, then the plaintiff must disprove the defence, though he may have to prove a negative.In summary proceedings any exception, etc., may be proved by the defendant, but need not be negatived in the information, Summary Jurisdiction Act, 1879, s. 39 (2); 1 Phil. Evid. c. vii., s. 4. [Or. 14, r. 6, CPC]....
Obiter dicta
Obiter dicta, in the course of the argument and decision of a case, not infrequently, many incidental questions arise which may be indirectly connected with the main question for considera-tion. The observations on such questions, whether they be casual or of collateral relevance are known as 'obiter dicta' or simply 'dicta', Marta Silva v. Piedade Cardozo, AIR 1969 Goa 94 (101). (CPC, 1908, Preamble)...
Party aggrieved
Party aggrieved, a person not directly affected cannot be so considered as 'Party aggrieved', Gopabandhu Biswal v. Krishna Chandra, (1998) 4 SCC 447. (CPC, 1908, Order 47, Rule 1)...
Principal sum adjudged
Principal sum adjudged, means the original amount lent without the addition thereto of any interest whatsoever, State Bank of India v. Sewa Singh, (1995) 3 Sim LJ 1796; Union Bank of India v. Dalpat Gaurishankar Upadyay, AIR 1992 Bom 482. (Civil Procedure Code, 1908, s. 34)...
Restitution
Restitution, the restoring anything unjustly taken from another; also putting in possession of lands or tenements him who had been unlawfully disseised of them; a person being attainted of treason, etc., he or his heirs may be restored to his lands, etc., by royal charter of pardon.The word 'restitution' in its etymological sense means restoring to a party on the modification, variation or reversal of a decree what has been lost to him in execution of the decree or in direct consequence of the decree. In such a proceeding, the party seeking restitution is not required to satisfy the court about its title or right to the property save and except showing its deprivation under a decree and the reversal or variation of the decree, Zafar Khan v. Board of Revenue, AIR 1985 SC 39 (46): (1984) Supp SCC 505: (1985) 1 SCR 287. (Civil Procedure Code, 1908, s. 144)Return or restoration of some specific thing to its rightful owner or status, Black's Law Dictionary, 7th Edn., p. 1315...
Time requisite for obtaining copy of the decree
Time requisite for obtaining copy of the decree, the expression 'time requisite for obtaining copy of decree' includes the time taken by the court to prepare the decree before an application for the copy of decree is made, State of Bihar v. Md. Ismail, AIR 1966 Pat 1 (6). (Limitation Act, 1963, s. 12)The expression 'time requisite' in the phrase in question, means all the time counted from the date of the pronouncement of the judgment (the same being under Or. 20, r. 7, CPC, 1908 the date of the decree) which would be properly required for getting a copy of the decree, including the time which must ex necessities elapse in the circumstances of the particular case, before a decree is drawn up and signed, Lala Balmukand v. Lajwanti, AIR 1975 SC 1089: (1975) 1 SCC 725: (1975) Supp SCR 44....
Which ought to have been passed
Which ought to have been passed, the expression 'which ought to have been passed' means 'which ought in law to have been passed', Gini Ram v. Ramji Lal, AIR 1969 SC 1144 (1147). [Civil Procedure Code (1908), O. 41, R. 33]...
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