Legal World By Shivanshu Katare

Posts

INTERPLEADER (Section 88 & Order XXXV CPC)

1. Concept and Meaning of Interpleader An interpleader suit is a special civil remedy that enables a person, who is in possession of property or money claimed by two or more persons adversely , to seek the court’s determination as to who is the rightful claimant , without exposing himself to multiple liability. The plaintiff in an interpleader suit is not asserting a right , but is merely seeking judicial protection and indemnity . 2. Statutory Basis Section 88 CPC – Substantive provision Order XXXV Rules 1–6 CPC – Procedural framework 3. Section 88 CPC – Interpleader Suit Textual Essence Where: Two or more persons claim adversely to one another The same debt, sum of money, or property (movable or immovable) From a person who: Claims no interest in it (except charges/costs), and Is ready to deliver or pay to the rightful claimant Such person may institute an interpleader suit against all claimants: To obtain a decision as to entitlement , and To obtain indemnity . Provis...

THE REGISTRATION ACT, 1908 [Overview]

I. INTRODUCTION 1. Object and Purpose of the Act The Registration Act, 1908 was enacted to consolidate the law relating to registration of documents and to ensure: Certainty of title to immovable property Public notice of transactions affecting property Prevention of fraud and forgery Preservation of evidence of transactions Registration does not create title , but it confirms and records transactions affecting rights in property. 2. Historical Background Earlier laws: Registration Acts of 1864, 1866, and 1877 The 1908 Act unified and systematized registration law across British India. Continues to operate with amendments by States under Concurrent List (Entry 6, List III) . II. SCOPE AND APPLICABILITY 1. Territorial Extent Extends to whole of India , including the State of Jammu & Kashmir (as per J&K Reorganization Act 2019). Applicable where State Governments have notified registration districts. 2. Transactions Covered The Act applies to documents which: Affect i...

ORDER XXXII – Suits by or against Minors and Persons of Unsound Mind (Code of Civil Procedure, 1908)

1. Object and Scope of Order XXXII Order XXXII embodies the principle of protective justice . Since minors and persons of unsound mind are legally incapable of safeguarding their interests, the Code ensures representation through responsible adults and judicial supervision at every procedural stage. The provisions are mandatory in nature, and non-compliance may render proceedings voidable or illegal if prejudice is caused. 2. Meaning of “Minor” As per the Explanation to Rule 1 , a minor is a person who has not attained majority under Section 3 of the Indian Majority Act, 1875 , depending upon: Ordinary cases → Majority at 18 years Where a guardian is appointed by court → Majority at 21 years SUITS BY MINORS 3. Minor to Sue by Next Friend (Rule 1) Every suit by a minor must be instituted in his own name , but through a “next friend.” The next friend is not a party , but a representative for procedural purposes . Object: To ensure the minor’s interests are actively and competen...

UNIT I – FUNDAMENTALS OF CONTRACT LAW (INDIAN CONTRACT ACT, 1872)

INTRODUCTION The Indian Contract Act, 1872 constitutes the backbone of commercial and civil transactions in India. It codifies the general principles governing the formation, validity, performance, and enforceability of contracts. Contract law is founded on the idea that parties who enter into agreements voluntarily should be legally bound to perform their promises. The Act provides certainty, predictability, and fairness in private dealings and plays a vital role in economic and social interactions. Unit I focuses on the foundational concepts of contract law, laying the groundwork for understanding enforceable agreements and their legal consequences. CONCEPT OF CONTRACT AND AGREEMENT Section 2(h) of the Indian Contract Act, 1872 defines a contract as “an agreement enforceable by law.” Thus, every contract is an agreement, but every agreement is not a contract. An agreement under Section 2(e) is defined as “every promise and every set of promises forming the consideration for eac...

PART II – EXECUTION (CPC, 1908) Section 36-46

PART II – EXECUTION (CPC, 1908) Section 36 – Application of Provisions Relating to Execution of Decrees to Orders Scope and Purpose Section 36 provides that the provisions of the Code relating to the execution of decrees shall, so far as they are applicable, also apply to the execution of orders. This includes provisions relating to payment under a decree or order. The object of this section is to remove procedural ambiguity and ensure that orders, where executable in nature, are enforced through the same machinery as decrees. Legal Significance An executable order does not require a separate procedural framework. However, only those provisions which are reasonably applicable can be extended to orders. Interlocutory or non-executable orders do not fall within its ambit. Section 37 – Definition of “Court Which Passed a Decree” Meaning of the Expression Section 37 defines the expression “Court which passed a decree” for the purposes of execution. The definition is inclusive and ap...

SUITS BY OR AGAINST THE GOVERNMENT

SUITS BY OR AGAINST THE GOVERNMENT Sections 79–82 and Order XXVII, Code of Civil Procedure, 1908 1. Introduction Litigation involving the Government occupies a unique position in civil procedural law. While the modern constitutional framework rejects sovereign immunity in its absolute form, the State continues to enjoy procedural safeguards to ensure that governance is not paralysed by litigation. The Code of Civil Procedure, 1908 (CPC) strikes a balance between State accountability and administrative convenience through Sections 79 to 82 and Order XXVII . These provisions collectively regulate: The proper manner of suing or being sued by the Government , Representation and appearance of Government through authorised agents, Special protections available to public officers acting in official capacity, Execution of decrees against the Government, and Promotion of settlement and alternative dispute resolution in Government litigation. 2. Constitutional Basis: Article 300 of th...