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INTRODUCTION Very often parties enter into some arrangement by signing some documents or the other. However, there are instances where the said document may sometimes be procured by placing a party to it into some sort of deceit, so that the very intention of the document for which it has been entered become frustrated. Also, there is a situation where a person being the rightful owner of a piece of land comes to know that some other person is trying to interfere in its peaceful possession by portraying some other documents which might have been created through exercise of fraud. In such cases, the rightful owner can go to the court of law seeking the declaration that the documents in possession of the party in fraud may be declared as null and void. Now in order to seek the relief of such a sort as discussed above, two type of situations might commonly arise:- A. WHERE THE PARTY SEEKING CANCELLATION IS A PARTY TO THE SAID INSTRUMENT B. WHERE THE PARTY SEEKING CANCELLATION IS NOT A PAR...

                                      As already discussed in our earlier blogs, that in case a cheque is dishonored, then the same attracts a criminal complaint which is governed by Sec 138 NI Act. Now, today in this blog we will discuss as to how during the pendency of a cheque bounce case, the complainant may get certain compensation pending its trial. This is made possible by the insertion of Sec 143A which has come into effect w.e.f July 2018. As per this amendment, the court may upon an application grant compensation to be given to the complainant which is equivalent to 20% of the amount as mentioned in the cheque. For application of this section, it has be seen that the accused has not pleaded guilty, which means that in cases where the accused wants to defend the matter and claims trial, in such cases, the court may grant the 20 % of the amount as mentioned in cheque in question to be ...

                                                                   INTRODUCTION This principle is enshrined under the provisions of Order 7 Rule 11 of the Civil Procedure Code, 1908. As per this provision, in case a particular case comes under any of the pre-requisites as defined under its sub-clause, in such an event the person agaisnt whom the case is filed can file an application under this provison pratying for the reection of the plaint. This is because it is well settled that in case a particular case is not maintaianble in lieu of the principles enshrined by this very provison, then it shall be proper to reject the same in its very inception. RELEVANT CONDITIONS WHEN THIS PROVISION MAY BE APPLIED:- 1. WHEN THE PLAINT DISCLOSES NO CAUSE OF ACTION { Order 7 Rule 11(a)} In case where u...

                                                                 INTRODUCTION  It is judicial process where a court orders something to be done or restrain a person from doing a certain act. Such type of suits must be based on a foundational aspect meaning thereby showing to the court the circumstances in which one is seeking the relief of injunction.In other words, there shall be an existence of an obligation / duty which is very much essential to institute a suit seeking the relief of injunction. It is basically an equitable remedy and allows a person to maintain the status as on date the litigation starts. Injunctive right has to be founded on an obligation, which might be based on a common law, customary law, arising upon an agreement, etc. ...

It is given as a constitutional status in India. These laws are being used as a check system to the proper implementation of the law prevalent in our country. Different types of writs are as under:- 1. WRIT OF MANDAMUS Such type of writs are being used in a situation where any direction/order is issued to any person or authority in case such person or authority fails to act as per the functions entrusted to it. Eg where a person has been deprived of a license even after complying with the requistes, in such a situation he may approach the High Court within whose jurisdiction such office is situated to get a direction regarding the issuance of the license as per law. 2. WRIT OF CERTIORARI  Such writs are in nature of an order whereby the High Court may call for the records of the lower courts when it has acted illegally or beyond its jurisdiction. 3.     WRIT OF PROHIBITION Such writs can be used whereby an authority /person may be restrained from acting in a manner which ...