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Decree, Judgement, Order
Decree
Deemed Decree
Kinds of Decrees
Preliminary Decree
Final Decree
Partly preliminary and partly final Decree
The necessity of a Decree
Contents of a Decree
Drawing up of a Decree
Decrees in Special cases
Judgement
Pronouncement of a judgement
Copy of the judgement
Contents of the judgement
Alteration of a judgement
Foreign Court, Foreign Judgement (Sec. 13)
Nature and Scope of Foreign Judgments
Object of Recognizing Foreign Judgments
Jurisdiction of Foreign Courts
Presumption as to foreign judgments
Conclusiveness of Foreign Judgments
Foreign Judgment not by a competent court
Foreign Judgments not on Merits
Foreign Judgments against International or Indian Law
Foreign Judgments opposed to the principle of Natural Justice
Foreign judgment obtained by fraud
Foreign Judgments founded on breach of Indian Law
Enforcement of Foreign Judgments
Foreign Award
Effect of Foreign Judgment
Limitation period for Enforcement of Foreign Judgments
Other definitions: Affidavit, Suit, Plaint, Written Statement
Affidavits – Order 19 Evidence on affidavit
False affidavit
Meaning of suit
Plaint
Necessary Contents of A Plaint
Important Concepts
Res Sub-Judice and Res Judicata (Sec. 10,11)
Nature, Scope and Objective
Conditions
Where the matter in issue is same
Test
Suit pending in foreign court
Inherent power to stay
Consolidation of suits
Effect of contravention
Interim orders
Res Judicata meaning
Principle of Res Judicata
Prerequisites for Res Judicata
Nature and Scope of Res Judicata
Rationale
Failure to Apply
Doctrine of Res Judicata
Constructive Res Judicata
Res Judicata and Estoppel
Res judicata and Res Subjudice
Res judicata and Issue Estoppel
Res Judicata and Stare Decisis
What is Res Judicata and Collateral Estoppel?
Res Judicata landmark cases
Res Judicata landmark cases in India
Exceptions to res judicata
Can Res Judicata be waived?
How to defeat Res Judicata?
Criticism to Res Judicata
Restitution (Sec. 144)
Doctrine of restitution
Conditions
Caveat (Sec. 148A)
Meaning of Caveat
When to lodge a Caveat?
Who may lodge a caveat?
Where can a caveat be lodged?
How to file a caveat?
What does a caveat contain?
Right and duties
Rights and duties of the caveator
Rights and duties of court
Rights and duties of the applicant
Limitation of time
Common mistakes made while filing a caveat
Inherent power of Courts (sec – 148-153B)
Enlargement of time
Payment of court fees
Abuse of process of the court
Limitation
Execution of Judgement and Decree (Order 21)
Meaning, Nature and Scope
Execution proceedings under CPC
Courts which can execute decrees
Transfer of decree for execution
Execution of foreign decrees in India
What is a foreign judgment and a foreign decree?
Foreign judgment or decree needs to be conclusive
Mode of enforcement of a foreign judgment or decree
Execution of decree at more than one place
Procedure in execution
Jurisdiction and Place of Suing (Sec. 15 to 20)
Meaning of jurisdiction
Jurisdiction of Civil Court (Section 9)
Pecuniary jurisdiction ( Section 15)
Territorial Jurisdiction (Section 16 to 20)
Institution of Suit (Sec. 26)
Pleadings: (Order 6)
What are the Pleadings?
What rules to be followed while drafting of pleadings?
In which stage of civil suit pleading can be amended?
Why do courts allow amendment of Pleadings?
What can be amended in pleading?
Can the pleadings be amended if the suit is debarred by the Limitation Act
Why is Order 6 Rule 17 criticized?
What happens when an applicant fails to amend in a prescribed time?
Plaint and Written Statement (Order 7,8)
Necessary Contents of A Plaint
Rejection of plaint
Provisions on the Rejection of Plaint under C.P.C.
Landmark Cases on Rejection of Plaint
Appearance and Non-Appearance of Parties (Order 9)
Appearance of defendant
Application to set aside the dismissal
When summon is not served
Ex parte appearance
Remedies against an ex-parte decree
Setting aside an ex-parte decree
Sufficient Cause
Commissions (Sec. 75 to 78 Order 26)
Who can be appointed as a commissioner?
What is the procedure for appointment of commissioner?
When can a commissioner be appointed by the Court?
Powers of the commissioner: Order 26 Rule 16-18
Whether the commissioner will be entitled to a Remuneration?
What are the limitations on the commissioner?
Receiver (Order 40)
What is the purpose of the appointment of a receiver?
What is the role of a receiver?
Who can appoint a receiver?
How does the court decide whether to appoint a receiver or not?
Who can apply for the appointment of the receiver?
Will a receiver be entitled to remuneration?
Temporary Injunctions (Order 39)
Summary Procedure (Order 37)
What is a bill of exchange?
Promissory notes
Institution of summary suits
Contents of plaint for