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Rules on Appeal Revision Review & Power of Appellate Court Question: Discuss Appeal, and revision as mentioned in the Code of Civil Procedure, 1908 Answer: What is Appeal? Any aggrieved party can file an appeal against the order of a lower court for the dismissal, amendment or judicial review of the order before a higher court. 1. Appeal should be filed in the form of memorandum. (order 41, rule 1) 2. Every appeal shall be signed by the appellant or his advocate (order 41, rule 1) 3. A copy of the decree or order shall be submitted with each memorandum (order 41, rule 1) 4. The appellant shall not, except by leave of the Court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the Appellate Court, in deciding the appeal, shall not be confined to the grounds of objection set forth in the memorandum of appeal or taken by leave of the Court under this rule. (Order 41, rule 2) 5. If there is no provision of appeal in law, no appeal c...

Government Ministerial Responsibility in the United Kingdom Responsibility of the Ministers of UK For the doctrine of government under the law to be observed, it is essential that government be both accountable to parliament and to the electorate, and that government be conducted in a manner sufficiently open, subject to the requirements of the national interest, to inspire public confidence Marshall and Moodie describe ministerial responsibility in the following words, Ministers are responsible for the general conduct of government, including the exercise of many powers legally vested in the Monarch; and ultimately, through parliament and parties, to the electorate'. Ministers inform and explain, apologise, take remedial action, or resign in support of the convention of ministerial responsibility. This is not an area regulated by statute, rather practice has developed according to precedent and guidance. Most recently, that guidance has become formalised in the Ministerial Code, ...

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...