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Rahul Kandharkar A Practical Approach To 18 Stages Of Civil Trial

From Whitesmann Publishing Co.
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Author :Rahul Kandharkar

Publisher :Whitesmann Publishing Co.

ISBN No :978-8119725229

SKU :WMP156

Edition :2025th edition

Pages : 474 pages

Format :Hardcover

HSN No :49011010

Country Region :India

Weight : 800 g

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Description

Key Features:

  • Institution of Suit: Guidance on initiating a lawsuit, including procedural requirements and strategic considerations.

  • Service of Summons: Detailed procedures for serving legal notices to defendants.

  • Appearance of Parties: Protocols for the formal appearance of involved parties in court.

  • Ex-parte Decree: Circumstances and procedures for obtaining judgments in the absence of the defendant.

  • Interlocutory Orders: Management of temporary orders issued during the trial process.

  • Written Statement: Preparation and submission of the defendant's formal response to the plaintiff's claims.

  • Production, Impounding, and Return of Documents: Handling documentary evidence, including submission and retrieval processes.

  • Discovery and Inspection; Admissions: Mechanisms for exchanging information between parties and acknowledging facts.

  • Framing of Issues; Summoning and Attendance of Witnesses: Identifying key legal questions and managing witness participation.

  • Hearing of the Suit: Conducting the trial, including presentation of evidence and examination of witnesses.

  • Arguments: Strategies for effective closing arguments and submissions.

  • Judgments: Understanding the court's decision-making process and judgment delivery.

  • Preparation of Decree: Drafting formal orders that encapsulate the court's judgment.

  • Appeals: Procedures for challenging court decisions in higher courts.

  • Execution of Decree: Enforcing court judgments to ensure compliance.

  • Commercial Courts: Specialized procedures applicable to commercial litigation.

  • Condonation of Delay: Seeking extensions for procedural deadlines.

  • Time Spent in Wrong Forum: Addressing cases filed in inappropriate jurisdictions.

  • Inherent Powers: Utilizing the court's intrinsic authority to ensure justice.

  • Landmark Judgments: Compilation of pivotal cases that have shaped civil procedure law.

 

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Content

1. Institution of Suit

  • How to properly file a suit in civil court.
  • Jurisdiction, pleadings, and cause of action.
  • Essential documents required at the filing stage.

2. Service of Summons

  • The legal procedure for serving summons to the defendant.
  • Rules governing personal and substituted service.
  • Consequences of non-service or improper service.

3. Appearance of Parties

  • Procedure for the first court appearance.
  • What happens if a party does not appear?
  • How to seek adjournments and consequences of non-appearance.

4. Ex-Parte Decree

  • When and how a court grants an ex-parte decree.
  • Remedies available to the defendant to challenge such a decree.
  • Setting aside an ex-parte decree.

5. Interlocutory Orders

  • Temporary reliefs such as injunctions and stays.
  • How to apply for an interlocutory order.
  • Judicial principles behind granting interim relief.

6. Written Statement

  • The defendant’s response to the plaintiff’s claims.
  • Time limits for filing a written statement.
  • Rules regarding denial of allegations and admissions.

7. Production, Impounding, and Return of Documents

  • How to produce documentary evidence in court.
  • When a document can be impounded.
  • Rules governing the return of original documents after trial.

8. Discovery, Inspection, and Admissions

  • Procedures for requesting disclosure of evidence.
  • Inspection of documents by the opposing party.
  • The significance of admissions in civil proceedings.

9. Framing of Issues

  • How courts define the key points of dispute.
  • The role of both parties in issue framing.
  • Legal strategies to challenge or modify framed issues.

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Product Summary

A Practical Approach To 18 Stages Of Civil Trial By Rahul Kandharkar

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