Category Archives: Code of Civil Procedure 1908 (CPC)

City Civil Court Purpose of Hearing List

Are you confused about the Status of a Case in the City Civil Court? This article explains what the case status means in the City Civil Court in Maharashtra.

  1. JUDGMENT
    After hearing the arguments (oral submissions) from both the parties to the proceedings, Court is to fix the date for Judgment (Final Order).
  2. ARGUMENT
    After recording of Evidence from both the parties, Court hears oral submission from both the sides in support of their respective stand. The process of hearing such oral submission is known as Argument. At the time of argument respective counsels for the parties put forth their submissions with citations to convince court on the issue in question.
  3. EVIDENCE (PH) / Evidence (Partly Heard)
    When the process of recording of evidence is initiated and matter adjourned for recording further evidence by giving next date, stage of such matter is notified as evidence (partly heard).
    When the evidence of the defence is to be secured, the state Evidence (Defence) is mentioned. In criminal matters instituted by other wise than police report, evidence is also recorded before issuance of process, the state Evidence Before Process is mentioned in such matters.
  4. HEARING
    Hearing includes recording of evidence or also hearing of arguments i.e. Oral submission by the parties.
  5. U/S 313 OF Cr.PC
    The criminal case is fixed for this purpose to record a statement of accused on the point of incriminating evidence collected against him during the course of trial.
  6. NOTICE (READY)
    When notice is required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Notice (Ready) is given.
  7. SUMMONS (READY)
    When summons are required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Summons (Ready) is given.
  8. CHARGE
    At this stage court prepares a document on the basis of which charges levelled against an accused are read over and explained to him and to which he either pleads guilty or claims a trial by denying the charges leveled against him.
  9. FIXING DATE OF HEARING
    When matter becomes ready/effective to under take hearing, court use to fix date for hearing of the said matter.
  10. PAPER BOOK
    To facilitate hearing of the appeal (both civil and criminal), copies of relevant documents in the proceedings are prepared on depositing costs by the appellant or party requesting for the same. A bunch of such document is known as paper book. The work of preparation of paper book starts after the receipt of Recorded & Proceeding from trial Court and all respondents are appeared in the matter then file send to paper book section for preparation of paper book.
  11. NOTICE (UNREADY)
    When notice is requried to be issued to the party to proceeding at the initial stage of its trial i.e. state notice (Unready ) is given.
  12. AWAITING SUNMMONS
    When summons are issued against party to the proceeding, matter is kept pending awaiting report of service of such summon.
  13. N.B.W.(READY)
    When Non bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such NBW or awaiting report of the same.
  14. B.W.(READY)
    When bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such BW or awaiting report of the same.
  15. N.B.W. (UNREADY)
    When Non bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such NBW or awaiting report of the same.
  16. B.W. (UNREADY)
    When bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such BW or awaiting report of the same.
  17. ADMISSION & DENIAL
    In every proceeding, parties file several documents. To curtail volume of evidence to be adduce, at this stage parties are called upon to either admit or deny the documents filed by other side. Excluding the admitted facts, issues are framed by the court. Parties are required to adduce evidence on the issues framed as per burden of proof.
  18. AWAITING R & P OF LOWER COURT
    When record and proceedings of lower court is ordered to be called for, writ for the same is issued. Matter is posted awaiting Record and Proceedings of lower court..
  19. R & P (READY)
    When during the course of hearing of the matter record and proceedings from other court is called either suo moto by the court or on the request of parties,this stage is given to the proceedings either for calling such R&P or for awaiting the same.
  20. FILING OF V.P.
    When party desires to engage another advocate or advocate for party just appears and files pursis/appearance memo; and seeks time to file vakil patra, stage filing of V.P., is assigned to the matter,.APPEARANCE :
  21. FILING OF V.P. (UNREADY):- When filing of vakil patra becomes necessary at the middle stage of the proceedings/trial, this stage is given.
  22. ORDER
    In proceedings after hearing both the sides several misc. applications are to be decided by passing orders. In addition to this several consequential orders on failure to appear, failure to comply with the directions issued by courts are to be passed. Stage order is therefore fixed in such matters.
  23. ORDER ON EXH
    When order is to be passed on interim application, stage order on exhibit number of such misc. application is given.
  24. FILING OF VAKILPATRA:- Pl. refer explanation of stage shown at sr.no. 20 and 21 above.
  25. FILING OF SAY ON EXH____(READY)
    When party files misc. application seeking interim relief during the course of trial, court use to call say of other side. If at such stage matter is in ready state, this stage is known as Filing of say on Exh. (Ready).

More…..coming soon.

What is Registered Post AD? How to send Registered Post with Acknowledgement

Lawyers very often send letters or legal notices to people through Registered Post A. D. also known as RPAD or Registered Post with Acknowledgement Due or Register Acknowledgement. This article explains why Registered Post is used and how to send a letter or parcel through Registered Post.

What is Registered Post with Acknowledgement Due?

“Registered Post with Acknowledgement Due” is written on any postal article, for which the sender wants a proof or acknowledgement of delivery to confirm that it has been received by the addressee or his representative. The acknowledgement is “Registered” in the Register of the postal authority and a proof of the delivery is also given to the sender.

The fee for adding an Acknowledgement Card is Rs. 3 extra. The Acknowledgement Card is delivered back to the original sender by ordinary post.

What type of postal mail can be registered?

All postal mail except for Post Cards can be registered.

This includes:

  • Letters
  • Parcels
  • Journals
  • Books
  • Newspapers
  • Currency Not

What type of postal articles need to be compulsorily registered?

  • Any parcel exceeding 4 kilograms in weight
  • Any Insured article
  • Any parcel addressed to a place for which a customs declaration is required.
  • ​Any article containing the following stamp /  label:
    Cheque,
    Hundi,
    bank note,
    bank post bill,
    bill-of-exchange​
  • Any article bearing the word “registered” on the cover
  • Any registered article which is re-posted after having been delivered
  • Any value-payable article (VPP)

Why do we use Registered Post?

Registered Postal Article details are entered into a special register, which ensures proper delivery of the article. Ordinary post which is dropped in the post box or at the counter of the post office is not registered and there is no proof of delivery available for it.

Can we use Speed Post or Private Courier services in place of Registered Post? What is the difference between Speed Post AD and Registered Post AD?

You can use Speed Post or Private Courier for delivery of notices and court procedures, unless the law specifies that delivery must be made by Registered Post only. The reason why Registered Post Acknowledgements are conclusive proof of delivery is because it has been delivered by a government employee as per strict procedure of registering the document in the postal notebook and also taking a signature of the recipient when it is delivered. Also, Speed Post is a service which covers only certain areas of metropolitan and important cities. Speed Post does not cover interior and rural areas. Registered Post AD covers every nook and corner of India, even in the remotest of places where Private Couriers don’t operate.

Can we send a Registered Letter or Parcel without attaching an acknowledgement?

Yes. If the Letter or Parcel does not bear the words “Acknowledgement Due” or “AD” or indicate that an acknowledgement is required, the letter will be registered but no acknowledgement card will be sent to the sender. Mere registration that it has been delivered will be made in the postal register. Thereafter the sender can pay an additional fee and get a certificate of delivery from the postmaster.

How do we send a Registered Letter or Registered Parcel with Acknowledgement Due?

Steps to send a Registered Letter / Parcel with Acknowledgement Due Card:

1. On the Registered Letter or Parcel at the top left corner or above the name of the addressee, clearly mention the words “REGISTER ACKNOWLEDGEMENT”  or “REGISTERED POST A/D” or “REGISTERED” or “REGISTERED POST WITH ACKNOWLEDGEMENT DUE” or “Regd. Post A/D” or even “Regd. A/D”

2. Fill in a Registered Post Acknowledgement Card:

The Card can be obtained free of cost from your nearest Post Office. You can also buy bundles of 50 cards by paying a nominal fee. You can also get the card photocopied and use it.

Fill up the front of the card Sender’s Address with your address in the three lines provided. Fill in the most accurate address, so that the card comes back to you. Fill in the PIN code correctly.

Registered Post AD Card Front

Registered Post AD Card Front

At the back of the AD Card, you will need to fill in the following (as shown in blue):

  • Select Registered Letter or Registered Parcel or Fill in the blank _______ if it is a Book / Journal etc.
  • In the Dated field enter the date on which you will post the letter / parcel
  • In the Addressed To field mention the receivers complete name and address.

 

Registered Post AD Card Back

Registered Post AD Card Back

3. After making the payment for the letter / parcel, retain the receipt so that you can track the parcel in future.

Once your parcel / letter is delivered, the Addressee must fill in the Date on which the letter / Parcel was Received and also Sign / Stamp the AD Card (shown above in red).

Can I send Registered Post to a foreign country?

Yes, you can add a separate Acknowledgement Card (usually a pink coloured one) for foreign Registered Air Mail.

How do I track the delivery of Registered Post?

You can track the delivery of the document by visiting: http://www.indiapost.gov.in/ Nowadays tracking of the Registered Articles and Speed Post can be done by SMS. Sometimes, if your mobile number is properly entered, you will automatically receive an SMS upon delivery.

If your document was delivered but you didn’t receive the AD Card back or your document was undelivered or the status is not known, then you can place a complaint at: http://ccc.cept.gov.in/ComplaintRegistration.aspx

Note that the AD Card is returned to the sender by ordinary post and given ordinary priority. You may want to check with your post office or wait for a few days before complaining.

After placing a complaint, you will receive a letter in writing, stating whether your document was delivered or not. Additionally you can apply for a Proof of Delivery of the document in future.

Which date will be considered by law for the purpose of determining the completion of communication of the Registered Post letter or article? The date on which the sender puts it into delivery or the date when it is actually received by the addressee?

Registered Post is delivered all over India and the delivery time can vary from 2 days to 7 days under normal circumstances. In such a case the time difference between delivery to the post office by the sender and actual receipt by the recipient needs to be considered.

As per the Indian Contract Act 1872:

Section 4. Communication when complete
The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

The communication of an acceptance is complete,—
as against the proposer, when it is put in the course of transmission to him so as to be out of the power of the acceptor;
as against the acceptor, when it comes to the knowledge of the proposer.

The communication of a revocation is complete,—
as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it;
as against the person to whom it is made, when it comes to his knowledge.

Illustrations
(a) A proposes, by letter, to sell a house to B at a certain price. The communication of the proposal is complete when B receives the letter.

(b) B accepts A’s proposal by a letter sent by post. The communication of the acceptance is complete, as against A when the letter is posted; as against B, when the letter is received by A.

(c) A revokes his proposal by telegram. The revocation is complete as against A when the telegram is despatched. It is complete as against B when B receives it.  B revokes his acceptance by telegram. B’s revocation is complete as against B when the telegram is despatched, and as against A when it reaches him.

 

Interlocutory Orders in India

What is the meaning of “Interlocutory Orders”?

An Interlocutory Order (also known as an Interim Order) means the decision of the Court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which maybe necessary to decide during the pendency of the case due to the time-sensitivity of those issues.

An Interlocutory Order is given mainly to ensure that the interests of either party are not harmed due to and during the process of justice.

As per section 94 of the Code of Civil Procedure 1908 Part 6:

94. Supplemental Proceedings

In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Schedule 1 of the C. P. C. (Various Orders and Rules) deals with the procedural aspect in greater detail.

Examples of Interlocutory Orders:

  • Appointment of Commissioner to conduct search and seizure
  • Temporary Injunctions
  • Appointment of Court Receiver to collect rent or payments,
  • Payment into court
  • Security for maintaining a cause

Case Law

Sub‑Committee of Judicial Accountability v. Union of India, AIR 1992 SC 63

  • Held: The Supreme Court will abstain from passing an interlocutory order if the passing of such an order has an effect or tends to be susceptible of an inference of pre-judging some important and delicate issue in the main matter

Filing a Caveat and Related Rules

This article is being constantly updated.

What is a Caveat?

A Caveat is a Notice given by a person, informing the Court that another person may file a suit or application against him and that the Court must give the Caveator (person filing the Caveat) a fair hearing before deciding any matter brought before it in the relevant case.

Caveat in the High Court of Judicature at Bombay

Caveat in the High Court of Judicature at Bombay

As per Order XI A, section 148A of the Code of Civil Procedure ,1908:

148A. Right to lodge a caveat— (1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

Is it mandatory to file a Caveat?

No. A Caveat is optional and need not be filed.

In which Court(s) can a Caveat be filed?

Caveats can be filed in a principal Civil Court of original jurisdiction, an Appellate Court, the High Courts and the Supreme Court. This includes the Court of Small Causes. This includes all courts which have powers of a Civil Court including Tribunals, Forums and Commissions which are vested with the power of such a court.

Can I file a Caveat in the Consumer Forum or National Commission or Central Administrative Tribunal or with any similar quasi-judicial body?

The Principle of Natural Justice (audi alteram partem) suggests that a fair chance of hearing should be given to the other party. All tribunals and commissions are bound to follow this principle and hence must accept Caveats for all practical purposes. However, in place of Caveats, many laws require that the other party be given prior notice of any judicial proceedings.

When is a Caveat filed? Why do people file Caveats?

A Caveat is filed when the Caveator anticipates some legal proceeding filed against him by another party, in the near future.

There are multiple reasons of filing a Caveat, some of which include:

  • to clarify the Caveator’s address
  • to place on record his intention to participate in the proceedings
  • to prevent any ad interim order or injunction being passed without his appearance to defend his case (also known as an ex parte order)

What are the consequences of not filling a Caveat?

What is the time duration of the enforceability of a Caveat?

The Caveat is valid for 90 days from the date of lodging in the Court. Before the expiry of the period of 90 days, a fresh application can be made to extend the period of the Caveat for a further period of 90 days.

As per Order XI A, section 148A of the Code of Civil Procedure ,1908:

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not reman in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.

 What details should the Caveat contain?

The Caveat must contain:

  • The Name of the Court where the Caveat is to be filed
  • The Suit / Petition / Appeal No. if it exists
  • Caveator’s Name (Person making the Caveat)
  • Brief Details of Suit / Appeal likely to be filed
  • Name(s) of possible Plaintiff(s) / Appellant(s)
  • Caveator’s Address for service of the Notice when it is filed
  • Address where Notice of Caveat sent to the Other Parties by RPAD

What are the Court fees for filing a Caveat?

Does every court have separate rules for filing Caveats?

Most High Courts have some specific rules for filing Caveats, but they are all pretty much similar.

Bombay High Court Caveat Rules: http://bombayhighcourt.nic.in/libweb/acts/cpc1908/Order40A.pdf

What happens after a Caveat is filed?

Caveat Format as per CPC