Legal drafting

How to compute court fee to be paid on plaint ? The court fee to be paid on a plaint (a document that initiates a legal proceeding) varies depending on the jurisdiction and the specific case. In general, the court fee is calculated based on the amount of the claim or the value of the property in dispute. In India, the court fee is calculated based on the Indian Court Fees Act of 1870. It is usually a percentage of the value of the claim or the property in dispute. It is advisable to consult with a lawyer or check with the specific court where the case will be filed to determine the exact court fee that needs to be paid. An example of court fee calculation in India would be as follows: Let's say an individual is filing a suit for recovery of money and the amount claimed is INR 50,000. As per the Indian Court Fees Act, the court fee to be paid would be 2% of the claim amount, which in this case would be INR 1000. Another example would be a suit for recovery of possession of immovable...

What are the important sections of CPC ? The Code of Civil Procedure (CPC) is the primary law that governs the procedure for civil litigation in India. It lays down the rules and procedures to be followed in civil courts and tribunals. The CPC is divided into two parts: the first part deals with the jurisdiction and powers of the civil courts and the second part lays down the rules of procedure to be followed in civil courts. Here are some of the important sections of the CPC: Order 7 Rule 11: This section deals with the dismissal of a suit for non-payment of court fees. It states that if a plaintiff fails to pay the court fee required on a plaint within the time specified by the court, the suit shall be dismissed, unless the plaintiff shows sufficient cause for the non-payment. Order 8 Rule 6: This section deals with the procedure to be followed when a defendant admits the facts stated in the plaint. It lays down the procedure for the plaintiff to prove the facts admitted by the defen...

What is a Civil Suit and its different stages in a Court ? A civil suit is a legal action brought by one party against another in a civil court, in order to seek a remedy for a civil wrong or to protect a civil right. Civil suits are typically brought to resolve disputes between individuals or organizations, and can include matters such as contract disputes, property disputes, personal injury claims, and defamation cases. In a civil suit, one party, known as the plaintiff, brings the action and the other party, known as the defendant, responds to the action. The plaintiff must prove the allegations made in the complaint, and the defendant can either admit or deny the allegations, or raise a defense. The goal of a civil suit is to provide a remedy, such as monetary damages or an injunction, to the party who has been harmed or whose rights have been violated. Unlike criminal cases, civil cases do not result in imprisonment or fines, but rather in financial compensation to the harme...

 What is order 7 rule 11 of CPC ?  Order 7 Rule 11 of the Code of Civil Procedure (CPC) of India lays down the procedure for rejection of a plaint (a document that initiates a legal action) in a civil suit. As per this rule, a defendant can file an application to the court to reject a plaint on the ground that it is barred by the law or that it does not disclose a cause of action. When the application is made, the court shall examine the plaint and the documents, if any, accompanying the plaint and if it finds that the plaint is barred by law or does not disclose a cause of action, it shall reject the plaint. The grounds for rejection of a plaint as per Order 7 Rule 11 are: The suit is barred by any law The suit is barred by limitation The plaint does not disclose a cause of action The plaint is vexatious or oppressive The plaint is for recovery of immovable property and the defendant denies the plaintiff's title and the plai...

Civil Procedure Code, 1908 abbreviated as C.P.C is a procedural law that deals with the administration of civil proceeding in India. As it is a settled proposition of law, if the law determines a procedure for anything to be done then it is to be done in the manner as previously determined. For better understanding here is a list of very most important sections and Orders & Rules of the Civil Procedure Code . Important Sections of Civil Procedure Code The sections of C.P.C provide the provisions that are related to general principles of jurisdiction. Section 2.  Definitions. Section 6.  Pecuniary jurisdiction. Section 9.  Courts to try all civil suits unless barred. Section 10.  Stay of suit. Section 11.  Res-Judicata Section 12.  Bar to further suit. Section 13.  When foreign judgment not conclusive. Section 14.  Presumption as to foreign judgments. Section 15.  Court in which suits to be instituted. Section 16. ...