Internal Notes Padala Rama Reddi 5th Sem

CPC

Section 12 – Deals with Bar to further suit
Kinds of Decree – Includes preliminary and final decrees.
Consent of Parties – Consent cannot confer or take away jurisdiction.
Decree Passed by Court Without Jurisdiction – Such decrees are null and void.
Ex-Parte Decree – Issued when summons are duly served, but the defendant fails to appear.
Counterclaim by Defendant – Treated as a plaint.
Dismissal of Suit – If neither the plaintiff nor the defendant appears.
Decree Without Summons – A decree passed without serving summons is invalid.
Order 15 – Pertains to final disposal of a suit at the first hearing.
Pleadings – Includes both the plaint and the written statement.
Section 10 – Deals with the stay of suits (res sub judice).
Judgment Contains – Findings, decisions, and reasoning of the court.
Necessary and Misjoinder of Parties – Misjoined parties can be removed from the suit.
Women Exemption – Women are exempted from appearing in person before the court under certain conditions.
Section 89 – Deals with alternative dispute resolution (ADR).
Jurisdiction – High Courts and District Courts have their original and appellate jurisdictions.
Claim Against Opposite Party – Called a counterclaim.
Representative Suit – Allows numerous persons with the same interest to file a suit collectively.
Principle of Constructive Res Judicata – Bars a party from raising an issue that could have been raised in an earlier suit but was not.
Code of Civil Procedure (CPC) –
Deals with
158 sections and 51 orders

Short

Essentials of a Plaint:
A plaint is a legal document submitted to initiate a civil lawsuit. The essentials include:
- Name of Court and Parties: Mention the court’s name and details of the plaintiff and defendant.
- Facts of the Case: State the material facts concisely and clearly.
- Cause of Action: Describe the legal grounds or events that give rise to the claim.
- Relief Claimed: Specify the remedies sought (e.g., compensation, injunction).
- Verification: The plaint must be verified and signed by the plaintiff or their authorized agent.
- Valuation: Proper valuation of the claim and payment of requisite court fees.
- Jurisdiction Statement: Mention how the court has jurisdiction over the matter.

Remedies for Ex-Parte Decree (Order IX, Rule 13):
An ex-parte decree is passed when the defendant fails to appear in court. Remedies include:
- Application to Set Aside: Under Order IX, Rule 13, the defendant can apply to set aside the decree by proving:
  - Sufficient cause for non-appearance.
  - Fraud, misrepresentation, or irregular service of summons.
- Appeal: File an appeal against the decree.
- Review: Apply for a review of the decree under Order XLVII.
- Filing a Fresh Suit: In certain circumstances, a new suit challenging the decree can be filed.

Difference Between Set-Off and Counter-Claim:
Set-off is a claim made by the defendant to adjust a debt owed by the plaintiff. It is limited to monetary claims and is filed as a defense in the written statement. For a set-off to be valid, the court must have jurisdiction over the claim. This provision is governed by Order VIII, Rule 6 of the Civil Procedure Code (CPC).

Counter-claim, on the other hand, is a separate claim made by the defendant against the plaintiff. It can include both monetary and non-monetary claims. A counter-claim is filed as a counter-suit within the written statement, and the court must have jurisdiction to entertain the counter-claim. The legal basis for counter-claims is provided under Order VIII, Rule 6A of the CPC.

Aspect	Set-Off	Counter-Claim
Nature	A claim by the defendant to adjust a debt owed by the plaintiff.	A separate claim made by the defendant against the plaintiff.
Scope	Limited to monetary claims.	Can include monetary and non-monetary claims.
Filing	Filed as a defense in the written statement.	Filed as a counter-suit in the written statement.
Jurisdiction	The court must have jurisdiction over the set-off claim.	The court must have jurisdiction over the counter-claim.
Legal Basis	Governed by Order VIII, Rule 6.	Governed by Order VIII, Rule 6A.

Difference Between Res-Judicata and Res-Subjudice:
Res-Judicata bars the re-litigation of matters already decided by a competent court. It ensures the finality of decisions and is governed by Section 11 of the Civil Procedure Code (CPC). Res-Judicata applies after a case is decided. For example, if a claim is dismissed, it cannot be refiled in court.

Res-Subjudice, on the other hand, prevents parallel proceedings for the same matter in two courts. It avoids contradictory judgments and is governed by Section 10 of the CPC. Res-Subjudice applies while a case is still pending. For instance, if a case is pending in one court, proceedings on the same matter are halted in another court.

Aspect	Res-Judicata	Res-Subjudice
Meaning	Bars re-litigation of matters already decided by a competent court.	Prevents parallel proceedings for the same matter in two courts.
Provision	Governed by Section 11 of CPC.	Governed by Section 10 of CPC.
Purpose	Ensures finality of decisions.	Avoids contradictory judgments.
Application	Applies after the case is decided.	Applies while the case is pending.
Example	A dismissed claim cannot be refiled.	A pending case in one court halts proceedings in another.

Modes of Service of Summons:
Under Order V of CPC, the following are the modes of serving summons:
- Personal Service: Delivering summons directly to the defendant.
- Service through an Agent: If the defendant has authorized an agent to receive summons.
- By Post: Sending summons via registered post or courier.
- Affixation: If the defendant is not found, summons can be affixed on their house or prominent location.
- Substituted Service: If regular service fails, summons can be published in newspapers (Order V, Rule 20).
- Electronic Service: Serving summons via email or other electronic means, as permitted by the court.

BNSS

Multiple-Choice Questions (MCQ):

BNSS 2023 is procedural law.
BNSS is mainly procedural law for BNS.
Fair trial is a fundamental right under Article 21.
Failed investigation is part of Article 21.
Who argues the case of the victim in criminal law? – Public Prosecutor.
Arrest without warrant is dealt under – Sections 35, 39, 40, 41.
Anticipatory bail is dealt under – Section 482.
Who can grant bail (in session cases)? – Court of Session.
Definition of investigation is provided under – Section 2(l).
Section 478 deals with – Bailable offences.

Fill in the Blanks:

Search with warrant is dealt under – Sections 96, 97, 100, 101.
Search without warrant is dealt under – Sections 108, 185, 186.
Arrest with warrant is dealt under – Sections 72 to 83.
How many rights are available to the accused under Article 20 of the Constitution? – 3.
Section 84 deals with – Proclamation for person absconding.
Attachment order under Section 85 is issued by – Judicial Magistrate.
Under Section 75, arrest warrant can be executed by – Any Person.
Where can a warrant of arrest be executed? – At any place in India.
Default bail is dealt under – Section 187(3).
Recall petition is dealt under – Section 72(2).

Short Questions

What is meant by bail?
Bail is the temporary release of a person who has been arrested and charged with a crime, on the condition that they will return to court for their trial or future hearings. It typically involves the payment of money or a written bond as a guarantee that the accused will attend the scheduled court proceedings.
Forms of Bail:
- Cash Bail: The accused or a third party pays the full amount in cash.
- Bail Bond: A bail bondsman provides a bond for the defendant in exchange for a fee (usually around 10% of the bail amount).
- Property Bond: The defendant or a family member offers property as collateral for the bail.

What is investigation?
Investigation is the process of gathering information, evidence, and facts to uncover the truth about a particular event, situation, or crime. It involves a systematic effort to identify, analyze, and clarify details such as what happened, who was involved, and why the event occurred.
Types of Investigations:
- Criminal Investigations: Solving crimes, gathering evidence, and identifying suspects.
- Civil Investigations: Resolving disputes between individuals or organizations (e.g., personal injury, fraud).
- Corporate Investigations: Auditing, compliance checks, or detecting internal fraud.
- Private Investigations: Conducted by private detectives or agencies for non-criminal matters like finding missing persons or verifying background information.

What is a cognizable offense?
A cognizable offense is a type of criminal offense where the police have the authority to arrest the accused without a warrant and begin an investigation without court approval. These offenses are considered more serious, requiring immediate police action.
Key Characteristics of a Cognizable Offense:
- Police Authority: Police can act without prior approval.
- Seriousness of Crime: Involves grave offenses.
  Examples:
- Murder (Section 302 of IPC)
- Rape (Section 376 of IPC)
- Robbery (Section 390 of IPC)
- Kidnapping (Section 363 of IPC)

Explain Complaint.
A complaint is a formal expression of dissatisfaction or a report made by an individual, typically the victim or a witness, regarding a crime or wrongful act. In legal terms, it is a statement or document presented to law enforcement or a court that outlines allegations of an offense or misconduct, initiating investigation or legal action.
Examples of Complaints:
- Criminal Context: A woman filing a complaint about being assaulted, providing details of the incident, accused, and evidence (e.g., photographs, medical records, or witnesses).
- Civil Context: Filing a consumer complaint for a faulty product, requesting compensation or replacement.

What is meant by summons?
A summons is an official legal document issued by a court or legal authority, notifying a person to appear in court or take specific action, such as responding to a lawsuit. It informs the recipient of their involvement in a legal matter, whether as a defendant, witness, or interested party.
Types of Summons:
- Civil Summons: Informs the defendant of a lawsuit and directs them to file an answer or appear in court.
- Criminal Summons: Requires a defendant to appear in court for an alleged crime, as an alternative to an arrest warrant.
- Witness Summons: Directs a person to appear in court and testify as a witness.

LAW OF BANKING AND NEGOTIABLE INSTRUMENTS

1. Which Act regulates the functions of banks in India?

Banking Regulation Act (B.R.A.)

2. What is the general rule about the secrecy of customers’ accounts, and when can it be dispensed with?

It may be dispensed with in the following circumstances: Both (laws and practices of banks).

3. What are examples of overdrafts?

Overdrafts include Current accounts, Savings accounts, and R.D./F.D. accounts.

4. What is the relationship between banks and customers?

The relationship is of a Debtor and Creditor.

5. Which institution acts as the ‘lender of last resort,’ granting accommodations to scheduled banks through rediscounting eligible bills and loans against certain securities?

Reserve Bank of India (RBI).

6. When a banker sells securities, collects cheques, or makes payments on behalf of a customer, the banker acts as a…?

Agent.

7. What extinguishes a banker’s obligation to honor a customer’s cheques?

The receipt of an order known as a Garnishee Order, issued under Order 21 Rule 46-B of the CPC 1908.

8. What right does a banker possess over all goods and securities entrusted to him in his capacity as a banker, in the absence of a contract inconsistent with this exercise?

Right of Lien.

9. When was the Reserve Bank of India (RBI) established?

1935.

10. What does Section 42 of the RBI Act of 1934 deal with?

It requires all Scheduled banks to maintain with the RBI a Cash Reserve.

11. rule of appropriation is applied in Clayton’s Case

12. What are the two stages of a Garnishee Order?

Order Nisi and Order Absolute.

13. What is NABARD mandated to promote?

Integrated rural development, including:
- Securing prosperity in rural areas.
- Providing and regulating credit and other facilities to agriculture, small-scale industries, and cottage industries.

14. Imperial Bank of India become the State Bank of India (SBI) in 1955

15. What is the preliminary order issued to a banker in a Garnishee Order?

Order Nisi.

16. What is a Garnishee Order?

An order issued by a court, at the instance of a judgment creditor (JC), to attach funds in the hands of a third party who owes money to the judgment debtor (JD).

17. Who defined the criteria for constituting a “customer”?

Sir John Paget.

18. A person against whom a court order issues to pay a decree to pay money to the creditor.

Garnishee (J.D. Debtor).

19. What is the Right of Appropriation?

Right of Appropriation is a statutory right which enables a debtor to take into account a debt owed to him by a creditor before the latter could recover the debt owed to him from the debtor.

20. What is the definition of Banking?

Accepting for the purpose of lending or investment of deposits of money from the public repayable on demand or otherwise & withdrawable by cheque, draft, order, or otherwise is known as Banking.

Questions and Answers

Functions of RBI:
- Monetary Authority: Regulates money supply and credit in the economy.
- Issuer of Currency: Issues and manages currency except coins.
- Regulator of Banking System: Supervises and regulates banks and financial institutions.
- Foreign Exchange Management: Manages foreign exchange reserves and oversees the Foreign Exchange Management Act (FEMA).
- Developmental Role: Promotes financial inclusion and supports rural development through NABARD.
- Government’s Banker: Acts as a banker to the central and state governments.

Garnishee Order:
- A garnishee order is a court order directing a third party (garnishee), such as a bank, to pay the judgment creditor money owed by the judgment debtor that is in the garnishee’s possession.
- Two stages of a garnishee order:
  - Order Nisi: Preliminary order issued to the garnishee to show cause why the funds should not be paid.
  - Order Absolute: Final order directing the garnishee to transfer the funds to the judgment creditor.

Right of Set-Off and Right of Lien (Examples):
- Right of Set-Off:
  - A banker can adjust a credit balance in one account against a debit balance in another account held by the same customer.
  - Example: A bank uses funds from a customer’s savings account to offset an overdue loan.
- Right of Lien:
  - The right of the bank to retain goods or securities in its possession until the customer’s dues are cleared.
  - Example: A bank holds documents of title (e.g., shares) against a loan until repayment.

Relation Between Banker and Customer:
- Debtor and Creditor: When the customer deposits money, the bank becomes a debtor; when the bank lends money, it becomes a creditor.
- Agent and Principal: The bank acts as an agent when performing services like collecting cheques or paying bills.
- Bailor and Bailee: When valuables are deposited in lockers, the customer is the bailor, and the bank is the bailee.
- Trustee and Beneficiary: When the bank holds securities or funds on behalf of the customer, it acts as a trustee.

Salient Features of the Banking Regulation Act, 1949:
- Control Over Banking Companies: Ensures sound banking practices by regulating the functioning of banking companies.
- Licensing of Banks: No company can carry out banking business without obtaining a license from RBI.
- Capital Requirements: Specifies minimum capital and reserve requirements for banks.
- Regulation of Shareholding: Restricts the shareholding in banking companies to prevent concentration of power.
- Inspection and Audit: Provides RBI the power to inspect and audit banks.
- Prohibition of Trading: Prevents banks from trading activities other than their primary functions.
- Deposit Insurance: Mandates insurance of deposits to protect depositors.
- Control Over Management: Regulates the appointment, remuneration, and qualifications of bank directors and officers.