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Introduction Costs refer to the expenses incurred by a party during the conduct of a legal proceeding. The general principle under the CPC is that costs follow the event, meaning the losing party pays the costs of the successful party, unless the court directs otherwise. The provisions governing costs are contained in Sections 35 to 35B and Section 35A of the Code of Civil Procedure, 1908. Objectives of Awarding Costs To compensate the successful party for litigation expenses To deter frivolous litigation To encourage fair conduct by parties during proceedings To promote judicial efficiency by discouraging delays and abuses of process Types of Costs under CPC Compensatory Costs (Section 35) This is the general provision for costs. The court has discretion to determine: Who will pay the costs Amount of costs Whether the costs are full or partial Unless there are reasons recorded, the successful party should be awarded costs Compensatory Costs for False or Vexatious Claims or Defences (Section 35A) Applicable when a party knowingly raises false or vexatious claims or defenses The court may order payment of compensatory costs up to ₹3,000 or actual costs incurred, whichever is less This is in addition to regular costs under Section 35 This section ensures accountability for abuse of the legal process Costs for Causing Delay (Section 35B) Deals with situations where a party delays the progress of the suit The court may impose costs as a condition for: Granting adjournments Allowing late filing of documents or statements If such costs are not paid, the party may be barred from further participation until payment is made Discretion of the Court Although the court has wide discretion in awarding costs, such discretion must be exercised judicially and with reasons. Courts are encouraged to award realistic and deterrent costs rather than nominal sums. Recent Judicial Trends The Supreme Court has emphasized realistic costs, including: Court fees Lawyer’s fees Travel and documentation expenses Courts are also encouraged to discourage litigation tactics intended to delay or harass Important Case Law Salem Advocate Bar Association v. Union of India (2005) Held that courts should not hesitate to impose actual and realistic costs to discourage unnecessary litigation. Ramrameshwari Devi v. Nirmala Devi (2011) Directed courts to take a firm stand against abuse of process and emphasized the role of costs in controlling frivolous proceedings. Costs in Special Cases Public Interest Litigation: Often no costs imposed unless PIL is found to be malicious or frivolous Commercial Suits: Courts increasingly award higher and realistic costs in high-stake commercial litigation Appeals: Appellate courts may modify or impose additional costs Conclusion The provisions related to costs under the CPC play a crucial role in ensuring fairness and discipline in civil litigation. They act as both a remedy for the successful party and a deterrent against misuse of the court’s time and process. Courts must make cost orders meaningful and proportionate to uphold the integrity of the legal system.

Meaning of a Receiver A Receiver is a neutral and impartial officer appointed by the court to take custody, manage, or preserve disputed property during the pendency of a suit. The concept is governed by Order XL of the Code of Civil Procedure, 1908. The Receiver acts as an agent of the court, not of the parties, and is appointed when the court believes that the property in question is at risk of being wasted, damaged, or misused. Legal Provision: Order XL Rule 1 “Where it appears to the court to be just and convenient, the court may appoint a receiver of any property…” The court may grant powers to the receiver to: Collect rents and profits Manage or preserve the property Initiate or defend legal actions related to the property Perform any duties that the court specifies When Can a Receiver Be Appointed? A Receiver may be appointed in the following circumstances: Disputed ownership or possession of property Property is likely to be wasted, misused, or destroyed To preserve status quo till rights are determined In partition suits, mortgage suits, or business disputes Where it is necessary for just and convenient administration of property Who Can Apply for Appointment of Receiver? Either party to the suit may make an application The court may also appoint a receiver suo motu, if it deems fit Duties and Powers of a Receiver Function Description Custody and management To manage the property in accordance with the court’s directions Collection of income Collect rents, profits, or other income arising from the property Litigation May initiate or defend legal proceedings, if permitted by the court Reporting Required to submit regular accounts and reports to the court Neutral conduct Must act in the best interest of the property, not for any party Security and Remuneration The court may direct the Receiver to furnish security for the proper discharge of duties (Order XL Rule 3). The court also fixes remuneration, which is usually paid from the income of the property. Removal of Receiver Under Order XL Rule 1(d), the court can remove a receiver: For misconduct or negligence If the receiver fails to perform assigned duties If the purpose of the appointment no longer exists Receiver vs. Commissioner Basis Receiver Commissioner Role Custodian or manager of property Investigates facts and submits a report Power May take possession and control Cannot take control of property Appointment Under Order XL Under Order XXVI Involvement Ongoing throughout litigation Limited to fact-finding Conclusion The appointment of a Receiver under Order XL CPC is a protective measure to safeguard disputed property during litigation. It ensures that neither party gains an unfair advantage, and the property is preserved until the court resolves the dispute. Courts exercise this power with caution, making it a remedy of last resort when no other solution is practical.

Meaning of Temporary Injunction A temporary injunction is a court order that restrains a party from performing a particular act, which may affect the subject matter of the suit adversely. It is granted to preserve the status quo until the court decides the matter finally. Governed by Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. Purpose of Temporary Injunction To prevent irreparable damage To avoid multiplicity of proceedings To maintain balance of convenience between parties To ensure the suit does not become infructuous When Can Temporary Injunction Be Granted? Order XXXIX Rule 1 – Situations Where Injunction May Be Granted: Property in danger of being wasted, damaged, alienated, or wrongfully sold Defendant threatens to remove or dispose of property Defendant is about to commit breach of contract or other injury Order XXXIX Rule 2 – In Case of Violation of Plaintiff’s Rights: When the plaintiff proves that the defendant’s action infringes a legal right, the court may restrain such action temporarily. Essential Conditions for Granting Temporary Injunction The court considers the following three key principles before granting an injunction: Condition Explanation Prima Facie Case Plaintiff must show a genuine case worth trial Balance of Convenience Greater hardship would result to plaintiff if injunction is denied Irreparable Injury Harm that cannot be compensated by money All three conditions must co-exist. Mere inconvenience is not sufficient. Procedure to Apply for Temporary Injunction Plaintiff files an application under Order XXXIX along with the plaint Affidavit stating facts in support must be submitted Court issues notice to the opposite party, unless it decides to grant injunction ex parte After hearing both sides, the court may: Grant or reject the injunction Impose conditions, including security or undertaking Ex Parte Injunction (Rule 3) In urgent cases, the court may grant an ex parte injunction (without hearing the opposite party) But the applicant must: Show immediate danger Serve the order and application to the opposite party within one day Consequences of Violation If a party violates a temporary injunction, the court may: Attach the person’s property Detain the violator in civil prison Take other coercive actions under Order XXXIX Rule 2A Difference Between Temporary and Permanent Injunction Basis Temporary Injunction Permanent Injunction Stage During pendency of the suit At the final judgment Duration Limited (until further order or decision) Indefinite (as ordered by the court) Governing Provision Order XXXIX Rules 1–2 CPC Section 38 of the Specific Relief Act, 1963

What Does “Disposal at First Hearing” Mean? Disposal of a suit at the first hearing refers to situations where the court can decide the case without proceeding to a full trial—because the facts are undisputed, admitted, or obvious from the pleadings. This provision aims to avoid unnecessary trials and promote speedy justice. Legal Basis: Order XV of CPC, 1908 Order XV CPC empowers the court to dispose of a suit at the first hearing itself, under certain situations, without recording oral evidence. Grounds for Disposal at First Hearing Rule Provision Rule 1 – Where no issues If facts are admitted or no real dispute exists Rule 2 – Parties not at issue Where parties are not at issue on any material fact Rule 3 – Failure to produce evidence If party fails to produce required documents/evidence Rule 4 – Default of appearance If only one party appears and suit can be decided on merits Rule 1: No Issues Are Framed If no material fact is denied or disputed, the court may pronounce judgment immediately. Rule 2: Parties Not at Issue Where the plaintiff and defendant agree on all facts, but differ only on legal interpretation, court may decide the suit without evidence. Rule 3: Failure to Produce Documents If the plaintiff fails to present documents or evidence, the court may dismiss the suit. Rule 4: Only One Party Appears If the defendant appears and the plaintiff is absent, or vice versa, the court may decide the case on merits or proceed ex parte. Objective of Order XV To avoid unnecessary trials To save time and resources To ensure quick disposal of uncontested or clear-cut cases Examples Scenario Outcome under Order XV Defendant admits claim and raises no defense Court may pronounce judgment under Rule 1 Both parties agree on facts but differ only on legal point Court can decide the case under Rule 2 Plaintiff fails to produce key documents at first hearing Court may dismiss the suit under Rule 3 Plaintiff appears, but defendant does not Court may proceed ex parte or decide on merits (Rule 4)

What Are “Issues” in a Civil Suit? In civil litigation, an issue is a specific question of fact or law that arises from the pleadings (plaint and written statement), which must be decided by the court to resolve the case. Order XIV CPC governs the settlement and framing of issues. Definition: Issue (Order XIV Rule 1) An issue arises when one party asserts a fact and the other party denies it. Types of Issues Type of Issue Description Issues of Fact Relate to events or conduct (e.g., whether a document was signed) Issues of Law Relate to legal interpretation (e.g., whether a contract is enforceable) A suit may involve purely factual issues, purely legal issues, or a mixture of both. Object of Framing Issues To narrow down the dispute To identify relevant questions to be tried To avoid wasting time on irrelevant facts To guide the collection of evidence When Are Issues Framed? After the pleadings are complete After the first hearing of the suit When the court has sufficient material (including documents, admissions, oral statements) Who Frames the Issues? The judge frames issues based on: Pleadings (plaint + written statement) Documents submitted Admissions and oral examination under Order X Procedure: Order XIV CPC  Rule 1: Settlement of Issues Court shall frame material propositions of fact or law. Issues must be clear, concise, and specific. Rule 2: Disposal of Issues Legal issues that may dispose of the suit without recording evidence should be decided first (e.g., limitation, jurisdiction). Factual issues are decided after recording evidence. Example A files a suit for recovery of ₹1 lakh from B. Plaintiff’s Claim Defendant’s Response Issue Framed B borrowed ₹1 lakh and didn’t repay B denies borrowing any money Whether B borrowed ₹1 lakh from A B signed a promissory note B says signature is forged Whether the promissory note is genuine Suit is within limitation B says it’s barred by limitation Whether the suit is barred by limitation Importance of Framing Proper Issues ✔ Helps in determining the scope of trial✔ Directs parties on what evidence to produce✔ Prevents surprise tactics during trial✔ Leads to efficient and fair adjudication  

Legal Basis: Order IX of CPC Order IX of the CPC deals with the appearance of parties in court. If either the plaintiff or defendant fails to appear on the date fixed for hearing, the court may take certain actions depending on who is absent. 1. When Neither Party Appears – Order IX Rule 3 Effect:The suit is dismissed by the court. Scenario Outcome Plaintiff is absent and ❌ Suit dismissed Defendant is also absent ✅ Remedy: Plaintiff may file a fresh suit or apply for restoration under Order IX Rule 4. 2. When Only Plaintiff Appears – Order IX Rule 6 If the defendant does not appear and summons were duly served, the court may: Proceed ex parte (without the defendant), and Decide the case based on the plaintiff’s evidence. If summons were not properly served, the court may issue fresh summons. Defendant’s Absence Court’s Action Duly served Proceed ex parte under Rule 6(a) Not served Issue fresh summons – Rule 6(b) Served but unable to attend (valid reason) May adjourn – Rule 6(c)  Remedy: Defendant can later apply to set aside the ex parte decree under Order IX Rule 13. 3. When Only Defendant Appears – Order IX Rule 8 If the plaintiff is absent and the defendant is present: The court shall dismiss the suit for default of the plaintiff. Remedy: Plaintiff may apply for restoration under Order IX Rule 9. Remedies for Non-Appearance Rule Who Can Apply? Purpose Order IX Rule 4 Plaintiff To restore a suit dismissed when both parties were absent Order IX Rule 9 Plaintiff To restore a suit dismissed when only plaintiff was absent Order IX Rule 13 Defendant To set aside an ex parte decree Conclusion The CPC provides a balanced mechanism to ensure that parties appear and defend their case. However, it also ensures that justice is not denied due to absence if valid reasons exist — through restoration or setting aside procedures. Non-appearance has serious consequences, so parties must be cautious and proactive in attending court proceedings.

Gender equality is deeply rooted in the Indian Constitution through Articles 14, 15, and 16, but achieving it requires ongoing efforts through laws, court rulings, and societal change. 📚 Introduction India’s Constitution is a progressive and rights-based document, and one of its most powerful commitments is to gender equality. From equal protection under law to non-discrimination, the Constitution promises a society where men, women, and all genders can enjoy equal rights and opportunities. But how far have we come in turning this constitutional promise into reality? 📜 Key Constitutional Provisions Article 14 – Right to Equality Guarantees equality before law and equal protection of the laws to all persons. Article 15 – Prohibition of Discrimination Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. 🔸 Article 15(3) allows the state to make special provisions for women and children, enabling affirmative action. Article 16 – Equality in Public Employment Provides equal opportunity in public jobs, regardless of gender. Directive Principles (Articles 39, 42, 46)– Guide the state to ensure equal pay, maternity benefits, and promotion of women’s welfare. 🧑‍⚖️ Landmark Supreme Court Cases on Gender Equality Air India v. Nargesh Meerza (1981)– Struck down service rules that forced air hostesses to retire at 35 or upon marriage/pregnancy. Held to be discriminatory and unconstitutional. Vishaka v. State of Rajasthan (1997)– Laid down guidelines against sexual harassment at the workplace, citing Articles 14, 15, 19, and 21. Joseph Shine v. Union of India (2018)– Decriminalized adultery, declaring it discriminatory and violative of women’s dignity and autonomy. Indian Young Lawyers Association v. State of Kerala (2018)– Allowed entry of women into the Sabarimala temple, holding that religious practices cannot override constitutional rights. Anuj Garg v. Hotel Association of India (2008)– Struck down laws that barred women from working in bars, saying protective discrimination cannot become paternalism. ⚖️ Special Laws Advancing Gender Equality Maternity Benefit Act, 1961 Protection of Women from Domestic Violence Act, 2005 Sexual Harassment of Women at Workplace Act, 2013 Equal Remuneration Act, 1976 These laws, backed by constitutional values, safeguard women’s rights in public and private spheres. 👩‍⚖️ Beyond the Binary: Inclusion of Other Genders In NALSA v. Union of India (2014), the Supreme Court recognized transgender persons as the “third gender”, extending constitutional protections under Articles 14, 15, and 21 to all gender identities. “The Constitution must be interpreted in a manner that removes gender inequality in all its forms.” 📊 Challenges That Persist Gender pay gap and underrepresentation in leadership roles Societal norms and patriarchy limiting women’s choices Implementation gaps in legal protections Gender-based violence, online and offline Lack of representation of LGBTQ+ persons in policy-making 🌈 Role of the Judiciary The Indian judiciary has played a critical role in interpreting gender equality not just as formal sameness, but as substantive justice. Courts have increasingly emphasized dignity, choice, and bodily autonomy as essential aspects of gender justice. 🧩 Conclusion While the Indian Constitution guarantees gender equality, the journey from legal rights to lived reality is ongoing. Landmark judgments and progressive laws are crucial steps, but lasting change needs social reform, education, and collective action. In the words of Justice D.Y. Chandrachud: “The Constitution empowers, but it is society that must transform.”

⚖️ Landmark Case: Union of India v. Association for Democratic Reforms (2002) 📝 Summary:This case reinforced transparency in democracy by mandating that election candidates disclose their criminal records, assets, and liabilities, as part of the right to information. 📚 Background The Association for Democratic Reforms (ADR), an NGO working for electoral reform, filed a PIL demanding that voters should know about the background of candidates contesting elections. At the time, there was no mandatory disclosure of criminal cases, assets, or education. 🧑‍⚖️ Supreme Court Verdict The Court ruled decisively in favor of transparency. Right to know = Fundamental RightThe right to information about public figures is part of freedom of speech and expression (Article 19(1)(a)). Mandatory disclosures before electionsCandidates must file affidavits disclosing: Criminal antecedents (convictions & pending cases) Assets and liabilities Educational qualifications Public has a right to make informed choicesVoters cannot be kept in the dark—democracy depends on awareness. 🧠 Significance Pioneered electoral transparency in India. Boosted efforts to clean up politics. Supported later reforms like NOTA and political funding disclosures.

🏛️ Landmark Case: Shankari Prasad v. Union of India (1951) 📚 Background Just a year after India adopted its Constitution, the nation faced a fundamental question: Can Parliament amend the Constitution to limit or alter fundamental rights? This issue came up when the Indian government passed the First Constitutional Amendment Act, 1951, which aimed to curb landowners’ rights and introduce reservations in education. Shankari Prasad, a landholder, challenged the amendment. He argued that Parliament could not amend Part III(Fundamental Rights) of the Constitution since these rights are guaranteed and protected. ⚖️ The Core Issue The case centered on a crucial legal question: Does the term “law” in Article 13(2) include constitutional amendments made under Article 368? If yes, then any amendment that violates fundamental rights would be unconstitutional. If not, Parliament would have the power to amend any part of the Constitution—including fundamental rights. 🧑‍⚖️ Supreme Court Verdict The Supreme Court unanimously ruled in favor of the Union of India, stating that: Amendments are not “law” under Article 13The Court held that “law” in Article 13 refers to ordinary legislation, not constitutional amendments. So, Article 368 gives Parliament the authority to amend any part of the Constitution—including fundamental rights. Parliament’s power is supreme under Article 368The judgment emphasized that Article 368 provides a special procedure for amending the Constitution, and this procedure is outside the scope of Article 13. 📌 Why This Case Mattered This was the first case where the validity of a constitutional amendment was challenged. The judgment set a pro-Parliament precedent, giving the legislature wide powers to reshape the Constitution—even to limit fundamental rights. However, it also sparked future legal debates and challenges, as critics argued this gave too much power to Parliament without enough checks and balances. 🔁 Later Developments In Golak Nath v. State of Punjab (1967), the Court reversed this view, holding that fundamental rights cannot be amended. But this was again overturned by the Kesavananda Bharati case (1973), where the Basic Structure Doctrine was introduced—allowing amendments but not at the cost of the Constitution’s core principles. So, while Shankari Prasad v. Union of India opened the door for amendments, later judgments refined and balanced Parliament’s powers with constitutional integrity. 🧠 Conclusion The Shankari Prasad case laid the foundation for India’s amendment process and triggered one of the longest and most profound legal debates in Indian constitutional history. It’s a landmark for understanding how democratic powers must balance change with protection of rights—a conversation that continues even today.

Indira Nehru Gandhi v. Raj Narain (1975) – Elections, Equality & the Basic Structure Summary:This case highlighted the importance of free and fair elections in a democracy and reaffirmed that even constitutional amendments cannot override the basic structure of the Constitution. Background: The case arose from one of the most politically charged moments in Indian history. In 1971, Indira Gandhi won a sweeping majority in the Lok Sabha elections. Her opponent in the Rae Bareli constituency, Raj Narain, challenged her victory, alleging electoral malpractices under the Representation of the People Act, 1951. In 1975, the Allahabad High Court found Indira Gandhi guilty of electoral misconduct and declared her election void. This verdict disqualified her from holding office and triggered a political crisis. Just days later, Indira Gandhi declared a state of Emergency in India. During this period, Parliament passed the 39th Constitutional Amendment, inserting Article 329A, which: Declared that elections of the Prime Minister and Speaker could not be questioned in any court. Retrospectively validated Indira Gandhi’s election, overruling the High Court judgment. This amendment was directly challenged before the Supreme Court. Legal Issues Raised: Can Parliament pass a constitutional amendment that places certain elections beyond judicial scrutiny? Does such an amendment violate the basic structure of the Constitution? Is the right to free and fair elections part of the Constitution’s core principles? Supreme Court’s Key Observations: Violation of Basic Structure: The Court struck down Clause 4 of Article 329A, stating that placing the Prime Minister’s election beyond judicial review violated the basic structure of the Constitution. Free and Fair Elections as a Constitutional Guarantee: The Court ruled that free and fair elections are an essential feature of democracy and part of the basic structure. Any law or amendment that damages this principle is unconstitutional. Limitation on Parliament’s Amending Power: Although Parliament has wide powers under Article 368, it cannot destroy essential constitutional values, including equality, rule of law, and judicial review. Retrospective Validation Is Unjust: The amendment, made solely to protect one individual’s seat of power, was seen as a misuse of constitutional authority. Impact of the Judgment: This case stands as a strong reminder that no one—not even the Prime Minister—is above the Constitution. It reinforced the judiciary’s role as the guardian of democratic values, and further cemented the Basic Structure Doctrineestablished in Kesavananda Bharati. The judgment also deepened public understanding of constitutional supremacy and set a precedent that constitutional amendments are not immune from judicial review if they breach the core values of the Constitution.