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The exclusion of jurisdiction of a civil court to entertain civil cases Question: The exclusion of jurisdiction of a civil court to entertain civil cases should not be readily inferred- evaluate the statement in the light of section 9 of the Code of Civil Procedure. Answer: The exclusion of jurisdiction of a civil court to entertain civil cases should not be readily inferred. Section 4 read with section 9 of the Code of Civil Procedure, implies that although a civil court has jurisdiction to try all kinds of civil suits, if anything otherwise is mentioned in a special law and that law prescribes any jurisdiction to try any civil matter, then that special law should be followed. The general provision is, a civil court shall try all suits of civil nature. However, it should not be considered that the mere presence of any exclusion clause in a special law shall exclude the jurisdiction of a civil suit. If the jurisdiction of civil court is barred, the court is empowered to decide taking ...

Question-1: What do you understand by suit of civil nature? How does a party file a suit? Answer to question no. 1: Suit of Civil Nature: According to section 9 of the Code of Civil Procedure, 1908, a Civil court can try all suits of civil nature. Generally, 'suit of civil nature' means a suit which principally involves the question of right of the citizens. Where the question of right and duty of a citizen is involved and someone violates that right, the cause of action of a civil suit arises. According to section 9 of the Code of Civil Procedure, court shall try all suits of civil nature unless expressly or impliedly barred. According to the explanation of section 9, when the right to property or right to office of a citizen is the principal question of a suit, it shall then be a suit of civil nature and shall be under the jurisdiction of a civil court. Therefore, a suit in which the right to property or the right of office is contested, shall be called a suit of civil natur...

HISTORY OF THE BRITISH CONSTITUTION The British Constitution The constitutional laws of the United Kingdom is comprised of documents of many hundreds years old and they are still being added to in the present day. The evolution of a constitution arose from conflicts of authority between kings, popes, barons and common people. The first events in this development were noted in England. Before the Norman Conquest: The Kingdom of England was made in the mid 9th Century and what is now recognized as being England came about in 927 when the last of the Heptarchy kingdoms fell under the control of the English King. Until 1066 England was ruled by head of stated that were elected by the witan. There were a lot of elements of democracy at a local level too. This ended with the Norman Conquest. The Norman Conquest: King Harold was the last Anglo-Saxon king. From William I onwards the rulers of England have all came down from a variety of foreign citizens. The Normans brought in absolutist mona...

Why doesn't the United Kingdom have a written constitution? The British constitution The British constitution has evolved over many centuries. Unlike the constitutions of America, France and many Commonwealth countries, the British constitution has not been assembled at any time into a single, consolidated document but the constitution of UK is made up of common law, statute law and convention. Only Israel Of all the democratic countries in the world is comparable to Britain in having no single document codifying the way its political institutions function and setting out the basic rights and duties of its citizens. Britain does, however, have certain important constitutional documents, including the Magna Carta (1215) which protects the rights of the community against the Crown; the Bill of Rights (1689) which extended the powers of Parliament, making it impracticable for the Sovereign to ignore the wishes of the Government; and the Reform Act (1832), which reformed the system of...

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 t...

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 ...