Order under C.P.C.

Code of Civil Procedure

Meaning According to section 2(14) of the Code of Civil Procedure, 1908, ‘Order’ means the formal expression of any decision of a Civil Court which is not a ‘Decree’. Thus as per the definition provided under the Code, the adjudication of a court which is not a ‘decree’ is an ‘order’. An ‘order’ of a … Read more

What is Preliminary Decree?

Code of Civil Procedure

The word ‘Preliminary’ essentially means something done in the preparatory stage to assist the final action. Preliminary decree is an important concept under the Civil Procedure Code. The Code doesn’t define a preliminary decree per se but it defines what a decree is. From the definition and explanation, we can find out what is preliminary decree. Section 2 (2) … Read more

Force Majeure Clause and COVID 19

Background Given the current situation where COVID- 19 has a global impact and is resulting in a continuous sharp decline in the market due to which businesses have been impacted and consequently contracts and obligations under the contract are being revisited to assess the impact of this pandemic on the contracts. Further, it is most … Read more

The Arbitral Tribunal’s power to award interest is discretionary and subject to the parties agreement: Supreme Court

Facts of the Case: The parties entered into a Concession Agreement wherein the respondent was to carry out certain civil works. A dispute arose between the parties which were referred to arbitration. The arbitrator partly allowed the claims of the appellant. The award was affirmed by the Supreme Court. The appellant filed for the execution … Read more

Office of Trade Mark Registry in India

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules made thereunder. It acts as a resource and information Centre and is a facilitator in matters relating to trademarks in the country. The objective of the Trade Marks Act, 1999 is to register … Read more

Warrant Cases

According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The trial in warrant cases starts either by the filing of FIR in a police station or by filing a complaint before … Read more

Affidavit

An affidavit is a statement or declaration in writing made on oath or solemnaffirmation setting out certain facts and sworn or affirmed before a personhaving the authority to administer oath or affirmation. Affidavits are requiredfor filing in judicial proceedings before courts or in proceedings before otherauthorities. Usually the rules of courts or the rules governing … Read more