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The Cabinet and the Prime Minister of the United Kingdom Privy Council and Cabinets The consultative and advisory functions formerly belonged to the Privy Council. Now they are exercised by a small group of Ministers known as the Cabinet. The Cabinet grew as an inner Council within the Privy Council, and members possess the exclusive right to advise the King, and are known to the law as the Privy Councilors. But as body, the Cabinet is not recognized either by the common law or statute law and the rules which regulate its working as well its relation with the Crown or the Parliament are entirely based on conventions. Growth of the Cabinet In its origin the Cabinet was an informal committee selected at his pleasure by the King from the larger body of the Privy Council to advise him in the work of the Government. At first their members were not necessarily members of the legislature, and they were responsible to the King alone. The Cabinet system was definitely adopted by Charles II....

Provisions Relating to Appointment Powers Duties and Removal of Receiver Question: Who is a receiver? When can a receiver be appointed? Answer: Receiver: The "receiver" is a person who is an officer appointed by the court to look after the property under trial. Subject to the provisions of Section 51 of the Civil Procedure Code, 1908, if deemed appropriate and convenient, an order may be issued for the appointment of a "receiver" on the application of the Decree-holder. The court exercises this special power vested in it in issuing decrees. The order appointing the receiver is subject to the 'discretionary power' or discretion of the court. When a receiver is appointed In cases where it is necessary to appoint a receiver for proper management or preservation or collection or maintenance of any property, the court shall appoint a receiver as the recipient of such property if it deems fit and convenient. The receiver is appointed to protect the subject-mat...

Question Answer on Ad interim or Temporary Injunction Question: 'No order of ad interim or temporary injunction without hearing the opposite party is permissible'- how shall you evaluate this proposition in the light of the Code of Civil Procedure? Answer: The provision of temporary injunction without the hearing of the other party: 'No order of ad interim or temporary injunction without hearing of the opposite party is permissible'- the provision has been discussed in rule 5A of order 39 of the Code of Civil Procedure. Such provision is necessary for the interest of justice. Because, if an order of injunction has been made without hearing of the other party, that prejudices the rights of the parties of the suit. The provision of rule 5A of order 39 is discussed below: Court shall not, without serving reasonable notice to the Government Pleader and giving him or any Pleader authorised by him in that behalf an opportunity of being heard, pass ex parte any order of ad in...

Rules Pertaining to Attachment Before Judgement and Remedy  Question: In which suit a property can be attached before judgment? What conditions are to be fulfilled for attachment before judgment? Which court does not have the power to order attachment of property? Discuss with the relevant provision of the Code of Civil Procedure. Answer: In which suit property can be attached before judgment According to rule 1 of order 38, it has been clearly mentioned that, in the suits mentioned in clause (a) to (d) of section 16, (a) suit for recovery of immoveable property, (b) suit for partition, (c) suit for foreclosure and redemption, and (d) suit for determination of any other right to immoveable property no order of arrest before judgment can be made. But, nowhere in rule 5 to 13 of order 38 of the Code, it has been mentioned that in which suits an order of attachment before judgment can be made. But, if we scrutinize rule 1 of order 38, it is found that if the defendant tries to dispos...

Arrest and detention Question: "If the right to sue exists, it is not revoked." Explain the term with the relevant provisions of the law. Answer: "If the right to sue exists, it is not revoked. "Pursuant to Rule 2 of Order 22 of the Civil Procedure Code, if a case has more than one plaintiff or defendant and the right to sue exists even if one of them dies, the court records the case of death between the living plaintiff and the defendant. [No abatement by the death of the party, if right to sue survives.] However, if the application for addition of legal representative has not been made under 176 or 177 of the Limitation Act, such suit shall be dismissed. According to order 22, rule 2- where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to that effect to be made on the r...

Modes of Execution of Decree Question: After filing the first application for execution of decree within three years, the decree-holder may file any new application for any number of decrees within three years of the disposal of each previous application, but not later than 3 years from the date of the decree. Explain the statement in the light of Section 48 of the Code of Civil Procedure, 1908. Is there any exception to such limitation? Answer: Section 48 of the Code of Civil Procedure provides the maximum limit for filing a suit for execution. According to this section, the application can be filed within 12 years, but there is no time limit for filing the first application in Section 48. In this case, Article 182 of Schedule 1 of the Limitation Act has to be followed. If the decree holder fails to file an application for execution within 3 years, he will be barred by limitation and in this case he will not be able to avail of the 12-year limitation period under Section 48. The dead...

Granting Adjournments to Party, Consequences of Absence in Civil Cases Question: How many times can a court grant adjournments to a party during the hearing of a case and under what conditions? When a party fails to comply with a court order to pay the deferred costs, what shall be the effect? Is there any remedy against such consequences of the aggrieved party? Discuss. Answer: How many times the court can grant adjournments to any party: According to Rule 1 (1) of Order-17 of the Civil Procedure Code, the court may at proper cause approve the parties or any of them at any stage of the case: 1. grant time and 2. may from time to time adjourn the hearing of the case. Pursuant to Rule 1 (2) of Order-17, in each such case the court shall fix the date for the next hearing of the case and the court may make such order as it deems fit in respect of the adjourned expenses. If the hearing needs to be adjourned for a long time and before all the witnesses have completed their statements, the ...