Sir Arthur Hobhouse (later Lord Hobhouse), who was the then Law Member, made substantial contribution to the draft Bill. With certain modifications, the Bill was enacted as the Code of Civil Procedure, 1877. 4. Soon after the enactment of the Code of 1877, it was realised that the new Code required several amendments.

Who has drafted CPC?

It was amended in 1877 and, subsequently, in 1882, however, those amendments did not serve the purpose, therefore, the present Code of Civil Procedure was enacted in 1908. It was drafted by the Committee headed by Sir Earle Richards.

Is CPC 1908 exhaustive?

The code of civil procedure 1908 is not an exhaustive law, it is obvious that some difficult situation can arise where the general law is silent or not so clear.

What are the object of CPC 1908?

Civil Procedure Code, 1908:

The object of amendments was to keep procedural law in tune with the changing needs of society and even technological advances. The Amendment Act (104 of 1976) came into force with effect from February 1, 1977 (except Sections 12, 13, and 50).

Who can amend CPC?

the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. 2.

Written exam CPC 1908 Draft 1

38 related questions found

Does CPC apply to Supreme Court?

This makes it clear that the provisions of CPC (except to the extent that are incorporated in the Act) are not applicable to the proceedings under the Act. This view of the Hon'ble Supreme Court has been followed by many Courts in India.

Why CPC is not applicable in Nagaland?

European-style national uniformity would be disastrous if forced onto India, given its size. Nagaland is on the boil. ... Under this Constitutional provision, no Act of Parliament that interfered with Naga customary laws would be implemented in Nagaland unless the state Assembly passed a resolution allowing it.

Is CPC applicable to Jammu and Kashmir?

The Indian Penal Code, applicable elsewhere in India, was not applicable here under Article 370 of the Constitution of India. ... The constitution of India which was applicable to the rest of India except Jammu and Kashmir, has now become applicable all over India.

Which order of CPC deals with adjournment?

Order XVII of CPC deals with the situations when adjournment can occur and the procedure to be followed by the court during the adjournment of a hearing.

Why are there orders in CPC?

An order will not determine the rights or liabilities of the parties. Any number of orders can be passed in one suit. The Order can be passed on a suit as well as on application.

Who are the parties to a civil suit?

The parties in a civil suit are the plaintiff i.e. the person who brings an action for his rights and the defendant i.e. the person against whom such rights are claimed.

When was CPC introduced?

The Driver Certificate of Professional Competence ( CPC ) was introduced in: 2008 for bus and coach drivers. 2009 for lorry drivers.

Why was CPC introduced?

The Driver Certificate of Professional Competence (Driver CPC) is a legal requirement for those driving larger vehicles professionally. Having been introduced in Europe, legislation came into effect in the UK on the 10th September 2009. Its purpose is to improve road safety and uphold high standards of driving.

Who needs CPC?

You must have Driver CPC if you drive a lorry, bus or coach as the main part of your job. You must do 35 hours of periodic training every 5 years to keep it. You can be fined up to £1,000 for driving professionally without Driver CPC.

In which state of India CrPC not applicable?

Though, as of 2019, the Parliament has revoked Article 370 from Jammu and Kashmir, thus rendering the CrPC applicable to the whole of India.

Who is a decree holder?

" "decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made.

What is stay of suit in CPC?

Section 10 of CPC provides for stay of suit. The primary rule under stay of suit or rule of res sub-judice prevents Courts of concurrent jurisdiction from simultaneously adjudicating upon parallel litigation filed for the same cause of action, for the same matter and for the same relief[4].

Who appoints Advocate General of State?

The authority and function of Advocate General is also specified in the Constitution of India under Article 165 and 177. The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.

Is CPC applicable to Arunachal Pradesh?

Vide Central Laws (Extension to Arunachal Pradesh) Act, 2007, CPC has been made applicable to the State of Arunachal Pradesh.

What is Article 371a in Nagaland?

—(1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of— (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land ...

Are tribunals bound by CPC?

A Civil Court cannot depart from the procedure prescribed in the Code of Civil Procedure while a tribunal is not bound to follow the same. ... They do not and cannot exercise powers vested in a Civil Court for decision of Civil disputes in general within the meaning of Section 9 of the CPC.

Does CPC apply to consumer court?

The reason given was that the crux of the matter for the court is to ferret out the truth and there is a paramount duty cast upon the court is to impart justice. Therefore, the provisions of CPC are applied to consumer proceedings in this case.

Does CPC apply to criminal cases?

141, C.P.C. are not attracted and that, therefore. those provisions of the Civil Procedure Code which relate to suits are not applicable to a proceeding undertaken by a civil court upon a reference to it under s. 146(1) of the Code of Criminal Procedure.