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PPC Legislation

Posted by Unknown on December 29, 2015

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Law of Equity

Equity (law) This article is about the area of law. For remedies offered by this area of law, such as injunctions and specific performances, see equitable remedy. In jurisdictions following the English common law, equity is the set of maxims that "reign over all the law" and "from which flow all civil laws". [1] The Chancery, the office of equity, was the "office that issued the writs that were the foundation of the common law system". Equity is wholly "unaffected by any state laws” (Pomeroy) and is "everything, even without law". Equity is commonly said to "mitigate the rigour of common law", allowing courts to use their discretion and apply justice in accordance with natural law. In practice, modern equity is limited by substantive and procedural rules, and English and Australian legal writers tend to focus on technical aspects of equity. Twelve "vague ethical statements", known as the maxims of equity, gui...

CPC NOTES

Decree-holder. The term “Decree – holder has been defined by section 2 , sub-section3 , of the Civil Procedure Code . According to this section “Decree holder” means any person in whose favour a decree has been Passed or an order capable of execution has been made. The definition consists of two ingredients which are as follows :- 1) A person in whose favor a decree is passed and whose name is in the record of the suit and 2) A person in whose favor an order capable of execution has been made. Foreign Court. The terms “ Foreign Court “ has been defined by section 2, sub-section 5, of the Civil Procedure Code . According to this section foreign court means a court which is situated outside India and not established or continued by the authority of the central Government. So the High Court...

Common law

Common law Common law (also known as case law or precedent ) is law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition has precedential effect on future cases. Common law is a third branch of law, in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. A "common law system" is a legal system that gives great precedential weight to common law, so that consistent principles applied to similar facts yield similar outcomes. The body of past common law binds judges that make future decisions, just as any other law does, to ensure consistent treatment. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning us...

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PPC Legislation

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