Legal World By Shivanshu Katare

APPEALS UNDER CPC (Sections 96–112) 1. APPEALS FROM ORIGINAL DECREES (Section 96) Section 96(1): Right to First Appeal Appeal lies from every decree passed by a court exercising original jurisdiction Lies to the court authorized to hear appeals Right to appeal is statutory, not inherent Scope: Covers questions of fact and law Entire case can be reheard Case: Santosh Hazari v. Purushottam Tiwari (2001) Facts: First appellate court reversed the trial court without adequate reasoning Held: First appeal is a valuable right; appellate court must re-appreciate evidence and give reasoned findings Ratio: First appeal amounts to rehearing on facts and law Section 96(2): Ex parte Decree Appeal lies from an ex parte decree Alternative remedy: Application under Order 9 Rule 13 Section 96(3): Consent Decree No appeal lies from a consent decree Exception: If consent obtained by fraud, misrepresentation, or coercion Section 96(4): Small Cause Nature Suits No appeal except on a question of law Applica...

Sections 5–8F of the Indian Stamp Act Section 5 – Instruments relating to several distinct matters ➤ Where a single instrument deals with multiple distinct matters ⇒ It shall be charged with aggregate stamp duty of all such matters ➤ In effect ⇒ Treated as separate instruments merged into one Section 6 – Instruments falling under multiple descriptions ➤ If an instrument falls under two or more categories in Schedule I ⇒ Chargeable with only the highest duty ➤ Proviso: ⇒ Duplicate / counterpart instruments → Maximum duty = ₹1 (if original is duly stamped) Section 7 – Policies of Sea Insurance ➤ Where policy covers: → Voyage + Time (beyond 30 days after arrival) ⇒ Duty payable as: → Policy for voyage Policy for time ➤ Result ⇒ Dual stamp duty in such composite cases Section 8 – Bonds, Debentures & Securities (Local Authority Loans) ➤ Loan raised by local authority through securities ⇒ Duty = 1% of total value ➤ Key Features: → No requirement of individual stamping → No further du...

INTERLOCUTORY ORDERS (ORDER 39 RULES 6–10 CPC) Meaning of Interlocutory Orders Interlocutory orders are interim orders passed during the pendency of a suit to: preserve the subject matter prevent injustice or irreparable loss assist the court in effective adjudication They are ancillary or supplementary orders and do not finally determine the rights of parties. Rule 6 – Power to Order Interim Sale Statutory Provision Under Order XXXIX Rule 6 , the Court may order sale of movable property : which is the subject matter of the suit , or which is attached before judgment , if: the property is perishable , or subject to speedy and natural decay , or for any just and sufficient cause , immediate sale is desirable. Purpose and Scope The object of Rule 6 is to: prevent loss of value of property avoid wastage or deterioration protect the interest of both parties The Court has discretion to determine: manner of sale person conducting sale terms and conditions Case Law Navalkha & Sons v. Ra...

  ORDER XXXIX – TEMPORARY INJUNCTIONS  (Under the Code of Civil Procedure, 1908) Meaning and Nature of Temporary Injunction A temporary injunction is an interim order issued by a court restraining a party from performing a particular act until the disposal of the suit or until further orders of the court. The purpose of a temporary injunction is to preserve the status quo and prevent irreparable injury to the parties during the pendency of litigation . Temporary injunctions are governed by Order XXXIX Rules 1–5 of the CPC . They are discretionary remedies granted by courts based on equitable principles. Rule 1 – Cases in Which Temporary Injunction May Be Granted Under Order XXXIX Rule 1 , the court may grant a temporary injunction when it is proved by affidavit or otherwise that: (a) Property in dispute is in danger If property in dispute in a suit is in danger of: being wasted being damaged being alienated being wrongfully sold in execution of a decree In such circumstances...

1. Concept of Sale and Agreement to Sell The law governing contracts relating to the sale of movable goods in India is contained in the Sale of Goods Act, 1930 . The Act was originally part of the Indian Contract Act, 1872 , but later separated to regulate commercial sale transactions more specifically. Definition of Contract of Sale (Section 4) Under Section 4(1) , a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price . The essential elements are: Two parties: buyer and seller Subject matter: goods Transfer of property (ownership) Consideration must be price (money) A contract of sale may be: Sale Agreement to Sell Sale (Section 4(3)) A sale occurs when the ownership in goods passes immediately from the seller to the buyer. Characteristics: It is an executed contract Ownership transfers instantly Risk generally passes with ownership Buyer becomes owner even if goods remain with seller Example: A p...

Order XXII deals with the procedure to be followed when a party to a suit dies, marries, becomes insolvent, or when interest in the suit devolves upon another person during the pendency of litigation . The object is to ensure continuity of proceedings and prevent failure of justice due to change in parties . Rule 1 – No Abatement by Party’s Death if Right to Sue Survives The death of a plaintiff or defendant does not automatically cause the suit to abate , provided the right to sue survives . Principle If the cause of action is not personal to the deceased party and can be pursued by or against his legal representatives, the suit continues. Example Suit for recovery of money Suit relating to property rights Exception If the cause of action is personal , the suit abates. Example: Defamation Divorce Personal services Rule 2 – Procedure When One of Several Plaintiffs or Defendants Dies and Right to Sue Survives When there are multiple plaintiffs or defendants , and one of them dies: If t...