Civil Procedure
This provision says that the Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed.
What is Order 14 Rule 5 of the CPC?
This provision requires a Magistrate to examine on oath the complainant before taking cognizance of a private complaint
What is Section 200 of the Cr.P.C?
Notwithstanding anything contained in the Criminal Procedure Code, 1973, this provision makes all offences under the Negotiable Instruments Act, 1881 compoundable in nature
What is S. 147 of the NI Act?
This legal principle / doctrine empowers an arbitral Tribunal to rule on its own jurisdiction.
What is Kompetenz-Kompetenz?
This Part of the Constitution describes the fundamental duties of every citizen of India
Part IVA
This provision says that an Appeal shall not operate as a stay of proceedings under a decree or order appealed from unless the Appellate Court orders such stay for sufficient cause.
What is Order XLI Rule 5 of CPC?
This provision states that every warrant for arrest issued under the Code shall remain in force till it is cancelled (recalled) by the Court issuing it or till it is executed
What is S. 70(2) of the Cr.P.C?
A cheque that bears across it's face (usually on the top-left hand side) two parallel transverse lines.
Such a cheque may be negotiated and may only be paid directly into a bank account.
What is a crossed cheque?
The orders that the Courts can pass prior to or post the arbitral award can also be passed by the Tribunal during the arbitral proceedings under this provision of the Act
What is S. 17 of the Arbitration and Conciliation Act, 1996?
Contains an exhaustive list of subjects on which the Union Government and State Governments can make laws as well as subjects over which both may concurrently make laws
What are List I, II and III in Schedule VII of the Constitution?
Forming the basis of 'class-action suits' (as they are known in pop-culture), this provision of law permits a person or group of persons to sue or defend a suit on behalf of, or for the benefit of, all persons having the same interest in one suit
What is Order I Rule 8 of CPC?
This provision of the Code states that if the Judge or Magistrate is satisfied, for reasons to be recorded, the personal attendance of the Accused before the Court is not necessary..., it may dispense with his attendance and proceed with the inquiry or trial in his absence
What is S. 317 of the Cr.P.C?
In criminal trials, all witnesses must be examined orally. However, in cheque bounce cases, this provision permits the Complainant to file an affidavit instead of oral examination-in-chief.
What is S. 145 of the NI Act?
An appeal can be filed against an interim order passed by an Arbitral Tribunal by invoking this provision of law
What is S. 37(2)(b) of the Arbitration and Conciliation Act, 1996?
106
How many amendments have been enacted to the Constitution of India?
This provision permits a Court to stay a suit or strike out the defence if the "registered address" provided by the Plaintiff or the Defendant is incomplete, false or fictitious
What is Order VI Rule 14-A(5) of the CPC?
Filing an appeal without also filing an application under this provision would be pointless as the conviction would not be automatically suspended without an order of the Appellate Court
What is S. 389 of the Cr.P.C?
S. 139 of the NI Act provides for a statutory presumption that the cheque was received for discharge of a debt or liability. However, this provision provides for statutory presumption regarding the consideration, date of execution, time of acceptance, etc.
What is S. 118 of the NI Act?
This part of the Act contains a list of categories / circumstances under which a person would be absolutely ineligible to be appointed as an arbitrator, subject to an express written waiver being given by the parties
What is Schedule VII of the Arbitration and Conciliation Act, 1996?
Article 370 prescribed temporary / special provisions with respect to the State of Jammu and Kashmir. However, this article prescribes special provisions with respect to the State of Karnataka and is also the basis for a separate category of reservations for government jobs in Karnataka based on region of birth or domicile
What is Article 371J of the Constitution?
This provision states that the Court may appoint a commissioner to conduct a local investigation for the purpose of elucidating any matter in dipsute, ascertaining market-value of any property, or the amount of mesne profits or damages
What is Order XXVI Rule 9 of the CPC?
One is granted to the Accused by the Trial Court under S. 437 of the Cr.P.C after arrest or detention, while the other may be granted to any person under S. 438 of the Cr. P.C. by the High Court or Sessions Court.
What is the difference between regular bail and anticipatory bail?
Under Section 14 of the Negotiable Instruments Act, when a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute the person the holder thereof, the instrument is said to be this.
What is negotiated?
This provision states that once any application has been made in a Court with respect to an arbitration agreement, that Court alone shall have jurisdiction over all subsequent applications arising out of the agreement to the exclusion of all other courts
What is Section 42 of the Arbitration and Conciliation Act?
The law whose constitutional validity was challenged by Kesavananda Bharati
What is the Kerala Land Reforms Act?