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What is Set off? ADR, Service of Summons Question: What do you understand by set-off? When such objection can be raised? What is its legal value on the examination of the merit of the plaintiff's case? Discuss with the relevant provisions of the Code of Civil Procedure. Answer: What a Set off is: When the plaintiff files a suit against the defendant for recovery of money, the defendant may make a written application to reconcile the plaintiff's claim with the defendant's claim on the day of the first hearing. In the case of set-off case, not only the plaintiff owes money to the defendant, but also the defendant owes money to the plaintiff. However, in this case, the claim of the defendant must be equal to or less than the claim of the plaintiff. In the case of set-off cases, the amount of money must be fixed, the money must be legally recoverable and the money claimed must be within the pecuniary jurisdiction of the court. Pursuant to Rule 6 (1) of Order-8 of the Civil Pro...

The UK Parliament Parliament of the United Kingdom Parliament which is known as the law-making body of the British people, is comprised of three elements: the Monarchy, the House of Commons and the House of Lords. They meet in a body only on occasions of ceremonial significance, such as the state opening of Parliament, in spite if the fact that the agreement of all three is normally required for legislation. The House of Commons has 650 elected members called Members of Parliament or MPs. Election to the House of Commons is an important part of Britain's democratic system. The main motivation of the House of Commons is to make laws by passing Acts of Parliament, as well as to discuss current political issues. Some of the liveliest sessions in the Commons debating chamber take place at Prime Minister's Question Time when MPs have the opportunity to quiz the Prime Minister on burning issues of the day. The House of Lords currently has around 760 non-elected members. They are her...

The European Community, The European Union and the British Constitution: European Community: The European Union came into being with the Treaty on European Union 1992. The Union is the result of years of evolution of the three original European Communities, now known as the European Community. The Union has far wider objectives than the original Communities, not least, of which are the introduction of the single European currency, the Euro, the development of common defence and security policies. The European Community is now deeply embedded in domestic law. To understand the origins of the European Community, we must look back to 1945 when Europe was devastated by war: economically, politically and socially. In order  to attain some form of harmony as a guarantor of peace and to rebuild Europe, the movement towards integration was initiated.  In 1950, under the Leadership of the French Foreign Minister, Robert Schuman, a scheme was devised whereby the raw materials of war wh...

Return of Plaint and Rejection of Plaint in Civil Suit Question: In which cases a civil suit is rejectable? Discuss with the relevant provisions. Answer: According to rule 11 of order 7, court shall reject the plaint on the following 4 grounds: (a) Where it does not state a cause of action. (b) Where the relief claimed is not valued properly, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, does not do so. (c) Where the relief claimed is valued properly but the plaint is written upon paper that is not sufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, does not do so. (d) Where the suit appears from the statement given in the plaint to be barred by any law. If the provision of rule - 9(1A) is breached, court also may reject the plaint. According to this rule, the copy of summons and plaint should be served to each of the defe...

Rule of Law - Constitution of UK - Separation of Powers The Rule of Law The 'rule of law' is an ambiguous expression, and may mean different things for different writers The rule of law is a concept which underpins the constitution of UK and is itself supported by the separation of powers. Although the concept dates from Aristotle-'the rule of law is preferable to that of any individual'- for the purpose of analysis Dicey's three-part description of the requirements of the rule of law is useful. Dicey's Expression 'The Rule of Law' For Dicey the expression 'rule of law' includes three distinct conceptions:The absence of arbitrary power. No man is above the law. No man is punishable except for a distinct breach of law, established in the ordinary legal manner before the ordinary courts. It requires that that there be no arbitrariness in the justice system, in particular that laws should be certain and accessible. Equality Before The Law: Ever...

What is Pleadings Question: What do you understand by pleadings? When and why a pleadings can be amended? Answer: Pleadings: Pleadings is an important rule of the Code of Civil Procedure. Order 6 of the Code of Civil Procedure deals the provisions of pleadings. Plaint and written statements are called the pleadings. In every suit of civil nature, the plaintiff must present his plaint mentioning the cause of action with necessary explanation. On the other hand, the defendant must provide written statement in reply of the plaint. Therefore, pleadings is formed with the plaint and the written statement. Amendment of pleadings; After filing the plaint or written statement, if it is required to amend or change those, an application for amendment is to be made. It is called the amendment of pleadings. Amendment of pleadings means, to add, strike out, deduction or changer of any necessary information of a pleadings. Amendment in a plaint or written statement may be required for various re...

Parliamentary Supremacy or Sovereignty of Parliament in the United Kingdom  Parliamentary Supremacy Parliamentary sovereignty or the Sovereignty of Parliament, also Parliamentary supremacy, is the concept in the constitutional law of Westminster system that the Parliament has absolute sovereignty. This means it is supreme to all other governmental institutions including the monarch acting alone. This contrasts for example, with the situation in the United States, where the supreme court can rule legislation unconstitutional. The principle of parliamentary sovereignty originated in the United Kingdom in the 17th and 18th centuries during which time parliament asserted the right to name and depose a monarch. In 1648, Henry Herbert who was the 2nd Earl of Pembroke, famously commented while a member of the House of Lords said that "Parliament can do anything but makes man a woman and a woman a man." Parliamentary supremacy essentially takes its origin with the Bill of Rights 168...