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Institution of Suits How to institute a civil suit in a Civil Court Institution of civil suits Regarding institution of civil suits, Civil Procedure Code Section 26 says that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Section Analysis: Courts are there to settle the disputes between individual and to declare and establish their rights regarding the matters in dispute. So whenever persons fail to solve a dispute among them, they can approach the court by filing a suit. It is called institution of suit. There are various categories of Courts. It is a rule that all categories can be classified under courts of First instance and appellate Courts. As per Section 15 of Civil Procedure Code every suit shall be instituted in the court of the lowest grade competent to try it. Every court has specific pecuniary and territorial jurisdiction. So we cannot file suits as per our privilege.. Generally rules regarding filing of suits a

Transfer of Suit, section : 22-24 of Civil Procedure Code Transfer of Suit If a suit can be filed in more than one Court, a plaintiff as 'arbiter litis or dominus litis has a right to choose his own forum.  The plaintiff cannot be deprived of his right to choose, this right can not be controlled or interfered. But this right can be regulated by the power vested in superior Courts by transferring a case pending in one inferior court to another or by recalling the case to itself for hearing and disposal of. Once upon a time an eye for an eye was the norm but today we have come a long way from the times.  We now have setup institutions to take care of any dispute or conflict  that arises in our society. Sections 22 and 23 of Civil Procedure Code enable a defendant to apply for transfer of a suit. Section 24 authorises certain courts to transfer any suit, appeal or other proceedings. Before filing application for transfer notify other parties: Before filing application for transfer of

Place of Civil Suits in Details Which Court is to file the case Sections 15 to 20 of the Code of Civil Procedure control the forum for the institution of suits. It is known to us that the suits of civil nature which may be of different types. Suits may be filed in respect of movable or immovable, properties, contracts, tort, matrimonial proceedings etc. Every suit must be filed in a proper Court. Proper court will be determined on the basis of the subject matter of a suit. Where to file the case: Before filing a suit one should know where or before which court the suit has to be instituted. It is called place of suing. Place of institution of suits is subjected to two limitations: (1) territorial jurisdiction of the Court; and (2) pecuniary jurisdiction of the Court, Territorial jurisdiction depends upon the nature of the suit, i.e. subject matter of the dispute. Based upon the nature of subject matter, suits are divided into 3 categories. They are- a. Suits relating to immovable

What is Res Sub Judice & What is Res judicata? Section 10. Stay of suit: "No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." Explanation: The awaiting settlement of a suit in a foreign Court does not prevent the court in Bangladesh from trying a suit founded on the same cause of action. What is Res Sub Judice? Sub Judice is a Latin term which has the meaning of "Under Judgement". It indicates that a matter or case is being considered by Court or Judge. Explanation of Res Sub Judic

Jurisdiction of Civil Courts Code of Civil Procedure, Section 9 provides, "The Courts shall (subject to the provisions here in contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred." "Explanation: A suits 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." What is Jurisdiction? When a suit is filed in a particular court, it must be determined whether that Court has authority to hear the case. Usually, this authority is granted by statute, constitution, or any other special laws. A court may only adjudicate cases if it has authorization to do so. "The term "Court jurisdiction" refers to the power of a court to oversee a certain case and to issue any rulings or orders associated with the case." In oth

Subordination of Courts & Constitution of Civil Court Section 3. Subordination of Courts: "For the purposes of this Code, the District Court is subordinate to the High Court Division, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court Division and District Court." Constitution of Civil Court: A Civil Court is an institution of the Bangladesh Government which settles disputes between two or more entities typically in the same Court house that also tries criminal cases. Sometimes, the same action can be tried both in civil and criminal, i.e. assault. Typically the function of a civil Court is to determine liability of one party for the damage suffered by another. Constitution of Bangladesh provides that there shall be a Supreme Court for Bangladesh. The Supreme Court of Bangladesh shall comprise the appellate division and the High Court Division. Then it also provides that, there shall be i

The Code of Civil Procedure, 1908 (Act No. V of 1908) Civil procedure & its brief history - A law practitioner should know: What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? How to apply the law? A law practitioner should go through the following laws in order to practice the civil matter: 1. The Code of Civil Procedure. 2. Civil Rules and Orders. 3. Civil Suits Instruction Manual. 4. The Civil Court Act. 5. The Court Fees Act. 6. The Suit Valuation Act. Civil procedure & its brief history Law of civil procedure are the rules by which Courts conduct civil trials. Civil trials concern the judicial decision of claims by one individual or group against another and are to be distinguished from criminal trials, in which the state prosecutes a convict for violation of criminal law. Civil procedure is the body of law that consists of the rules and standards that Courts follow while adjudicating civil lawsuit