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Showing posts from April, 2024

BASICS TO DRAFT CIVIL SUIT

INTRODUCTION   Hello Friends, today we shall discuss the basics of drafting a civil suit.  In simpler terms, it means how to make a case say for e.g. to recover a certain sum of money. Following are the basics which might be kept in mind while preparing the case:- 1. First of all, you have to determine the exact amount of sum due i.e. a definite value of money needs to be ascertained. The said amount should be in consonance with the amount shown as per the account statements you have or the said amount may be corroborated from some other document like a Hundi, promissory note, etc. 2. Secondly, you need to determine the place where the case is to be instituted. The same can be checked and verified as per Sec 20 of the Civil Procedure Code. 3. Thirdly, you need to see whether the particular case is within the period of limitation. In simpler terms, it means the time frame within which a legal action is to be started against the party in default. 4. Fourthly, it needs to seen as...

JURISDICTION OF CONSUMER COURTS

INTRODUCTION   Hello friends, today we shall discuss the procedure to determine how to know which consumer forum a consumer is expected to approach in case of a dispute within the meaning of the Consumer Protection Act. Before moving ahead, it is important to differentiate between the territorial and pecuniary jurisdiction of the consumer court.  Territorial Jurisdiction means a place where the consumer complaint is filed based upon the address of the parties. As per old Act, it was determined by the address of the OP i.e. Opposite party alone. However, as per recent changes in the Act, now a person can also file a complaint before a forum in accordance to its own address. Thus, for eg. a complainant before filing a complaint needs to ascertain under which police station his area is located and then on basis of that, the concerned consumer forum be selected.   Pecuniary Jurisdiction  On December 30, 2021, the Central Government notified Consumer Protection (Jurisdic...