[go: up one dir, main page]
Scribd
Upload
826 views1 page

CPC LLB Notes

The document summarizes key concepts in civil procedure law in India: 1) It discusses jurisdiction, res sub-judice, res judicata, foreign judgments, and place of suing. 2) Res sub-judice refers to a matter pending before a court that has not been decided, while res judicata means a matter has already been finally decided by a court in a previous case. 3) For a foreign judgment to be enforced in India, it must meet conditions like being from a competent court and not violate Indian law or natural justice.

Uploaded by

jagankilari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
826 views1 page

CPC LLB Notes

The document summarizes key concepts in civil procedure law in India: 1) It discusses jurisdiction, res sub-judice, res judicata, foreign judgments, and place of suing. 2) Res sub-judice refers to a matter pending before a court that has not been decided, while res judicata means a matter has already been finally decided by a court in a previous case. 3) For a foreign judgment to be enforced in India, it must meet conditions like being from a competent court and not violate Indian law or natural justice.

Uploaded by

jagankilari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

 Procedure law, civil nature, CPC 1908, 158 sections, 51 orders, 620 rules, 8 appendices, 223 forms 1 st

schedule substantive provisions, substantive law, adjective law ( procedural law) for filing to
execution.
 Jurisdiction – power and authority, geographical, subject matter, all the suits except bared by law,
essentials – civil nature, not bard. Property rights, compensation, damages, rent, negligence. Types
– civil and criminal, territorial, pecuniary, subject matter, original and appellate, exclusive , special,
foreign jurisdiction.
 Res sub-judice - matter pending before court of law or judge and not yet decided. Conditions – must
be two suits, previous suit pending, same cause of action, parties same, both suits must be pending.
Sct 10 no court shall proceed with the trail of any suit matter directly or indirectly previous suit
between same parties. Consolidation of suits ( court inherent powers)
 Resjudicata - suit already decided by court, Sect 11 – once a matter finally decided by court , no party
can permitted to reopn it in a subsequent litigation. Conditions - two suits, must be same, parties
same, same subject matter, finally decided by court. It is not apply to tax matters.
 Foreign judgement -judgement of foreign court, court situte outside india, authority by central govt.
sect 13 judgment delivered by foreighn court can be enforced by the Indian courts. Not Binding – not
competent court, not on merits, against international and Indian law, opposed to natural justice,
fraud, breach of Indian law. Institute a fresh suit for enforcement, 3 years from the judgement.
 Place of suing – sect 15

You might also like